A112
Addition of section 7A.
Addition of section 9A.
Ord. No. 39/79 LANDLORD AND TENANT (CONSOLIDATION)
(AMENDMENT)
4.
The principal Ordinance is amended by adding after section 7 the following-
"Certificates
of user.
7A. (1) Subject to subsection (3), the landlord or tenant of any premises to which this Part-
(a) applies; or
(b) would but for section 3(1)(i) apply,
may make an application in the specified form to the Com- missioner for a certificate under subsection (2).
(2) Where an application under subsection (1) is made to the Commissioner, he shall inspect the premises and, having regard to the definitions of "domestic premises" and "business premises" in section 2-
(a) where he is satisfied that they are domestic premises, issue free of charge and serve on the landlord and tenant certificates in the specified form to that effect;
(b) where he is satisfied that they are business premises, issue free of charge and serve on the landlord and tenant certificates in the specified form to that effect; (c) where he is not satisfied as to their user, issue free of charge and serve on the applicant a notice in the specified form declining to issue a certificate under this section.
(3) Where the Commissioner issues a certificate under subsection (2)(a) or (b), no further application may be made under subsection (1) before the expiration of 1 year from the date on which that certificate is issued.
(4) A certificate issued by the Commissioner under sub- section (2)(a) or (b) shall in any proceedings be prima facie evidence that the premises to which it relates were domestic or business premises, as the case may be, on the date on which they were inspected.
(5) Nothing in this section shall prejudice any right which a landlord, tenant or sub-tenant may have to make an application under section 32 to a tenancy tribunal.
(6) In this section-
"premises" does not include premises the subject of a sub-
tenancy; and
"tenant" does not include a sub-tenant.".
5. The principal Ordinance is amended by adding after section 9 the following-
**Permitted
rent not to exceed fair market rent.
9A. The permitted rent of any premises to which this Part applies shall not exceed their fair market rent or, where the rates in respect of the premises are payable by the landlord, the aggregate of the following amounts-
(a) the fair market rent of the premises; and
(b) the amount of the rates payable in respect of the
premises.".
LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT)
Ord. No. 39/79
A113
6.
Section 10 of the principal Ordinance is amended-
(a) by deleting subsection (1) and substituting the following-
"(1) There shall be payable and recoverable by way of rent-
(a) in the case of domestic premises an amount equiv- alent to 4 times the standard rent of the premises; and
(b) in the case of business premises an amount equiv- alent to 8 times the standard rent of the premises.";
(b) in subsection (1C) by deleting that part of the subsection which
occurs after "send" and substituting the following-
"a copy of the notice to the Commissioner.";
(c) by deleting subsection (1D);
(d) by inserting after subsection (7) the following-
7.
"(8) The Legislative Council may by resolution amend subsection (1) by substituting, for the figures specified therein, such figures as may be specified in the resolution.".
Amendment of section 10.
The principal Ordinance is amended by renumbering section 10A Renumbering
as section 10ÄA.
of section 10A.
8. The principal Ordinance is amended by adding after section 10 Addition of the following-
"Certificates
of fair market
rent.
10A. (1) Where a landlord serves a tenant with a notice of increase of rent under section 10(1A) the tenant may, within 14 days of being so served, apply for a cer- tificate under subsection (5) by sending an application in the specified form in duplicate to the Commissioner.
(2) On receipt of an application under subsection (1) the Commissioner shall serve а
on copy thereof
the landlord.
(3) Within 14 days of service on him under subsec- tion (2) of a copy of the tenant's application, the landlord may send his representations thereon to the Commissioner.
(4) Where the Commissioner receives representations from a landlord under subsection (3) which indicate that the landlord disputes any fact set out in the tenant's appli- cation, he shall determine the facts in dispute and then deal with the application in accordance with subsection (5).
(5) Where a tenant makes an application under sub- section (1), the Commissioner shall, if satisfied that the increased rent specified in the landlord's notice under section 10(1A)—
(a) does not exceed the fair market rent of the premises aggregated, where the rates in respect of the premises are payable by the landlord, with the amount of the rates, issue free of charge and serve on the landlord and tenant certificates in the specified form to that effect;
(b) exceeds the fair market rent of the premises ag- gregated, where the rates in respect of the premises
section 10A.