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4.-(1) From and after the first day of July, 1941, it Receipt of shall be unlawful for any landlord to-
(a) receive or recover the increased rent of any premises to which the Ordinance applies where the rent has been increased since the first day of July, 1941; or
(b) to increase the rent of any premises to which the Ordinance applies
without an order obtained in accordance with the provisions of section 5: Provided that this section shall not apply to increases of rent (a) where premises were let under a written tenancy agreement or lease executed before the first day of July, 1941, which provides for periodical or progressive increases in the rent of such premises, (b) permitted by a judge or court under the Prevention of Eviction Consolida- tion and Amendment Ordinance, 1939 or the Prevention of Passing on of War Property Tax, 1940.
increased
rent unlawful.
(2) Any tenant may recover from a landlord who has Recovery unlawfully received from him any such increased rent, of rent
unlawfully the difference between any such increased rent unlawfully received. received and the rent payable before such increase, and may, without prejudice to any other method of recovery deduct from the rent payable by him to such landlord all sums paid by him since the first day of July, 1941, by way of such increased rent.
to tenant.
(3) Any transfer to a tenant of any burden or liability Transfer of previously borne by the landlord shall, for the purpose of liability this Ordinance be treated as an alteration of rent, and where as the result of such a transfer the terms on which premises are held are on the whole less favourable to the tenant than the previous terms, the rent shall be deemed to be increased, whether or not the sum periodically payable by way of rent is increased, and any increase of rent in respect of any transfer to a landlord of any burden or liability previously borne by the tenant where, as the result of such transfer, the terms on which any premises are held are on the whole not less favourable to the tenant than the previous terms, shall be deemed not to be an increase of rent for the purposes of this Ordinance.
(4) For the purposes of this Ordinance----
(a) the rent of any premises which were standing vacant on the first day of July, 1941, shall be deemed to be the rent at which such premises were last let before the first day of July, 1941.
(b) the rent at which premises completed after the first day of July, 1941, are first let shall be such rent as, in the absence of agreement, may be fixed in accordance with the provisions of section 5;
(c) where premises (not being premises to which the foregoing provisions of this sub-section apply) were not let at a rent on the first day of July, 1941, and are first let after that date, the rent shall be such rent as, in the absence of agreement, may be fixed in accordance with the provisions of section 5;
(d) where several premises are included in one tenancy and such premises are subsequently let separately the rent of such premises so let shall be such rent as may be fixed in accordance with the provisions of section 5.
Rent of
vacant and new houses, etc.