228. Home loss payments.

(c)     Dwelling-houses Rendered Uninhabitable

228.     Home loss payments.

Where a dwelling-house1 is affected by subsidence damage2, a person displaced3 from it is entitled in certain circumstances to receive a home loss payment from the responsible person4 if:

  1.  

    (1)     by reason of deterioration due to the subsidence damage in the condition of the dwelling-house, it cannot reasonably be rendered fit to be used as such5; and

  2.  

    (2)     the dwelling-house is not used as such by or with the authority of the person who immediately before the deterioration in its condition was entitled to possession of it6.

A person is not