CAP. 255]

[s. 3 cont.]

13 of 1948, s. 3.

No rent in

rent.

Landlord and Tenant.

(e) any premises for the time being vested in or in the custody of the Custodian of Property or the Custodian of Enemy Property; or

(f) any lease or tenancy held directly from the Crown.

(2) In the event of any doubt or dispute as to whether any premises are excepted from the application of this Ordinance by any of the provisions of subsection (1), the same may be determined by a tribunal on the application of a landlord or tenant.

(3) Where immediately before the commencement of this Ordinance a tenant of premises to which this Ordinance does not apply was entitled to protection against eviction by reason of an enactment repealed by this Ordinance, he shall be deemed to be holding at the rent payable immediately before the commencement of this Ordinance and shall be entitled to such notice to quit as would have been required under the original contract of tenancy or if such notice had already been given and had expired at or before the commencement of this Ordinance, then to one month's notice.

4. Save as in this Ordinance provided no rent shall be recoverable in respect of any premises to which this Ordinance applies in excess of the standard rent thereof notwithstanding any agreement to the contrary whensoever made and whether oral or in writing.

Restriction

on recovery

and effect of retention of possession.

5. (1) No order against a tenant for the recovery of possession of or for ejectment from any premises to which this Ordinance applies shall be made otherwise than under the provisions of this Ordinance or under the provisions of any Ordinance empowering any court or magistrate to make an order terminating the tenancy of any premises or for the closure of or ejection of the tenant from, any premises, by reason of the use thereof for immoral or illegal purposes or of the dangerous, insanitary or overcrowded state thereof, or with respect to which any offence has been committed.

(2) Any tenant who before the coming into force of this Ordinance has retained possession of any premises by virtue of any enactment repealed by this Ordinance and who is on the coming into force of this Ordinance in possession of premises to which this Ordinance applies and any tenant who shall retain possession by virtue of the provisions of this Ordinance...

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