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) 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) 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 entitled to a home loss payment unless, throughout the
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