1988 Ed.]
Landlord and Tenant (Consolidation)
[CAP. 7
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(i) shall be as agreed by the parties; or (ii) failing agreement-
(A) the rent shall be as determined by the Commissioner in accordance with subsection (2); and
(B) the other terms shall be as determined by the Tribunal in accordance with subsection (3).
(2) (a) The rent of a tenancy for the purposes of subsection (1)(ii)(A) shall be such part of the whole rent payable for the premises mentioned in section 50A(1) as is apportioned to that tenancy by the Commissioner who shall have regard to the relative size and other features of the dwellings in those premises.
(b) The Commissioner shall notify the parties in writing of the rent so apportioned and the apportionment shall be final and binding.
(c) (Repealed 40 of 1984 s. 16)
(3) In determining the other terms of the tenancy under subsection (1)(ii)(B), the Tribunal shall have regard to-
(a) the terms of the tenancy of which the dwelling forms part;
(b) the terms ordinarily applicable to a tenancy of a dwelling in premises consisting of 2 or more dwellings; and
(c) such other considerations as appear to be equitable,
and the determination shall be final and binding.
Interpretation
(Added 52 of 1981 s. 4. Amended 76 of 1981 s. 33)
50C. (1) For the purposes of sections 50A, 50B and this section-
(a) section 50(10) shall apply to a dwelling as it applies to premises;
(b) "tenancy" includes a sub-tenancy;
(c) "dwelling" means a building, or part of a building, which is designed and constructed for the purpose of separate occupation as a dwelling, whether or not it is subject to a separate tenancy.
(2) For the purposes of this Part, the date of the tenancy of a dwelling shall be the date on which the parties entered into the tenancy of the premises which included that dwelling.
Meaning of "domestic tenancy"
(Added 52 of 1981 s. 4)
51. (1) For the purposes of section 50, "domestic tenancy" and "domestic sub-tenancy" mean a tenancy or sub-tenancy of premises let as a dwelling.
(2) Notwithstanding the purpose for which premises were let, in determining the nature of a tenancy for the purposes of this Part, the following provisions shall apply-
(a) in any agreement in writing between a landlord and tenant, or between a principal tenant and sub-tenant, a term that the premises shall be used for a specified purpose shall be prima facie evidence that the premises are being used for such purpose;