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Ord. No. 39/79
Amendment of section 10B.
9.
Amendment of section 10C.
Amendment of section 14.
Repeal and replacement of section 28.
LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT)
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 stating-
(i) the fair market rent of the premises; and (ii) where the rates in respect of the premises are payable by the landlord, the amount of the rates,
and may endorse on the certificates such matters as he thinks proper relating to such application, which, in the case of a dispute as to facts shall include the Commis- sioner's determination thereof under subsection (4).
(6) A certificate issued under subsection (5) shall in any proceedings be prima facie evidence of the facts set out therein.
(7) The Commissioner may extend the time fixed by subsection (1) for the making of an application to him.
(8) 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.
(9) In this section-
"landlord" does not include a principal tenant; and "tenant" does not include a sub-tenant.".
Section 10B of the principal Ordinance is amended-
(a) in subsection (1) by deleting "section 10A(1)" and substituting the
following-
"section 10AA(1)”;
(b) in subsection (3) by deleting "section 10A" and substituting the
following
"section 10AA”.
10. Section 10C(1)(c) of the principal Ordinance is amended by deleting "section 10A" and substituting the following-
"section 10AA”.
11. Section 14 of the principal Ordinance is amended by deleting "the additional amount mentioned in section 10(1)" and substituting the following---
"that portion of the rent permitted under section 10(1) which exceeds the standard rent".
12. Section 28 of the principal Ordinance is repealed and replaced by the following-
"Commissioner may approve
contracting
out in certain
circumstances.
28. (1) A landlord and a tenant or prospective tenant of any premises to which this Part applies may make a joint application to the Commissioner for his approval under subsection (3) of the terms of any tenancy agreement into which they propose to enter.
(2) An application under subsection (1) shall be in the specified form in triplicate and shall be accompanied by a copy of the proposed agreement.
(3) Notwithstanding anything contained in this Part, the Commissioner, on payment by the parties of such fee
LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT)
Ord. No. 39/79
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as may be determined by the Financial Secretary, shall, if he is satisfied in relation to the proposed agreement-
(a) that the tenant or prospective tenant understands its
effect;
(b) that the tenant or prospective tenant in assenting to enter into such an agreement has not been subject to any undue pressure or influence; and
(c) that no sub-tenants are prejudiced thereby, approve the proposed agreement and endorse the applica- tion submitted to him under subsection (1) with a statement to that effect and serve a copy thereof on the landlord and on the tenant or prospective tenant.
(4) The Commissioner may make such inquiries as he thinks fit for the purposes of subsection (3) but nothing in subsection (3) or this subsection shall be construed as imposing on the Commissioner or any public officer any duty to inquire into or be satisfied as to the reasonableness or otherwise of the consideration specified in the agreement.
(5) Where the Commissioner approves the terms of a proposed agreement under subsection (3) the parties may execute a tenancy agreement in the terms so approved, notwithstanding anything in this Part.
(6) Where an agreement is executed under subsec- tion (5)—
(a) the landlord shall lodge a copy thereof with the Commissioner within 14 days of its execution; and
(b) the building or part thereof to which the agreement relates shall be excluded from the further applica- tion of this Part notwithstanding the termination or expiry of the agreement.".
13. Section 44(3) of the principal Ordinance is amended-
(a) by deleting "or application" and substituting the following- ", application or certificate";
(b) by deleting "10A," and substituting the following---
“7A, 10A, 10AA,”; and
(c) by inserting after "recorded delivery service," the following-
"or registered post,".
14. Section 53 of the principal Ordinance is amended-
(a) in subsection (2)(d) by deleting "other" and substituting the
following-
"the"; and
(b) by inserting after subsection (2) the following-
"(2A) For the purpose of subsection (2)(d), a tenant or sub-tenant who persistently fails to pay rent as and when it falls due may be regarded as causing unnecessary incon- venience to the landlord or principal tenant, as the case may be.".
Amendment of section 44.
Amendment of section 53.