A460
Ord. No. 76/81
Appeals.
LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) (NO. 2)
accordance with this Part, apply to the Tribunal for a tenancy immediately from the landlord.
(4) In any application under section 117 by the tenant for a new tenancy, a sub-tenant to whom the premises or any part thereof has been let without breach of the current tenancy shall be entitled to be heard.
(5) Where, in an application under section 117 by the tenant for a new tenancy, the Tribunal does not make an order for the grant of a new tenancy to the tenant then-
(a) if the Tribunal does not make such an order because the landlord has, under this Part, established either of the grounds mentioned in paragraph (b) or (c) of section 119E, any sub-tenancy shall terminate; and
(b) if the Tribunal does not make such an order other than because the landlord has established either of the grounds mentioned in paragraphs (b) or (c) of section 119E, the Tribunal shall, on the application of a sub-tenant, make an order for the grant of a new tenancy immediately from the landlord to the sub-tenant unless, if the application had been by the sub-tenant for a new tenancy from the tenant, the Tribunal would not, under section 119G, have made an order for the grant of a new tenancy:
Provided that, where a part only of the premises would remain in the possession of a sub-tenant or sub-tenants if an order were made under this para- graph, the Tribunal, on the application of the landlord, shall make an order for the grant of such a new tenancy to the sub-tenant, or the sub-tenants jointly, only of the whole premises.
(6) Where a sub-tenant applies, under section 117 and subsection (2) or (3), for an order for the grant of a new tenancy immediately from the landlord, the Tribunal shall make an order granting such a tenancy unless, if the applica- tion had been by the sub-tenant for a new tenancy from the tenant, the Tribunal would not, under section 119G, have made an order for the grant of a new tenancy.
(7) Where the Tribunal makes an order granting to a sub-tenant a new tenancy immediately from the landlord, the provisions of this Part shall apply as if the order was made under section 119D.
(8) Notwithstanding any termination of a tenancy, a sub-tenancy granted without breach of the tenancy shall continue as between the landlord and sub-tenant on the same terms as the sub-tenant held from the tenant in the same way as a tenancy would continue under this Part.
(9) Subject to this section, a sub-tenancy shall not sub- sist for longer than the tenancy under which it was granted.
119Q. (1) Any party may appeal to the Court of Appeal against a determination of the Tribunal on an application under section 117(1) or against an order under section 119F(5) or section 119H(9) or (10) on the ground that such determination is erroneous in point of law.
Costs.
LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) (NO. 2)
Ord. No. 76/81
A461
17.)
Proceedings.
(Cap. 336.)
General provisions.
(2) An appeal under this section shall be subject to the provisions of, and any rules made under, the Lands Tribunal Ordinance.
119R. In any proceedings under this Part, the Tribunal shall not make any order as to costs against a party unless that party has conducted his case in a frivolous or vexatious
manner.
1198. (1) Subject to subsection (2), neither the Com- missioner nor any public officer employed in the Department of Rating and Valuation shall be called to give evidence in proceedings before the Tribunal and no subpoena shall be issued against the Commissioner or such public officer.
(2) The Commissioner or any public officer employed in the Department of Rating and Valuation may be called to give evidence in any proceedings under section 51(8), 117(1) or 119F(5).
(3) The District Court shall have the jurisdiction men- tioned in section 119H(3) and (4) notwithstanding anything in the District Court Ordinance.
(4) Subject to section 119Q, any determination or order of the Tribunal under this Part shall be final.
120. Sections 70, 71, 73 and 74 shall apply to this Part as they apply to Part II.".
53. Section 120A of the principal Ordinance is amended by inserting Amendment of the following definition in the appropriate alphabetical order-
section 120A.
""Tribunal" means the Lands Tribunal established under the (Cap. 17.) Lands Tribunal Ordinance;".
54. Section 122 of the principal Ordinance is amended by deleting Amendment of subsection (6).
section 122.
55. Section 124B of the principal Ordinance is amended by deleting Amendment of "Lands" in the three places where it appears.
section 124B.
56. Section 124C of the principal Ordinance is amended by deleting Amendment of "Lands" in both places where it appears.
section 124C.
57. Section 127A of the principal Ordinance is amended by deleting Amendment of "Lands".
58. The First Schedule of the principal Ordinance is deleted.
section 127A,
Deletion of First Schedule.
59. (1) A District Court or tenancy tribunal which has heard or Transitional. commenced to hear any matter or proceeding which, by this Ordinance, becomes a matter or proceeding within the jurisdiction of the Lands Tribunal or the Commissioner of Rating and Valuation shall continue to have jurisdiction in relation to, and shall dispose of, such matter or proceeding as if this Ordinance had not been enacted.
(2) Any matter or proceeding pending before a District Court or tenancy tribunal but which a District Court or tenancy tribunal has not heard or commenced to hear and which, by this Ordinance, becomes a matter or proceeding within the jurisdiction of the Lands Tribunal or the Commissioner of Rating and Valuation shall be continued before the Lands Tribunal or Commissioner, as the case may be; and the Lands