1988 Ed.]
Landlord and Tenant (Consolidation)
[CAP. 7
43
(4B) Where a person applies to the Commissioner under subsection (4A) he shall-
(a) specify in the application form a day, other than a public holiday, on which he would like the inspection to be carried out;
(b) at the time when he lodges the application, pay such fee as may be determined by the Financial Secretary; and
(c) lodge the application form with the Commissioner not less than 10 days before the day specified in the form. (Added 56 of 1976 s. 3)
(4C) (Repealed 32 of 1985 s. 9)
(4D) The Commissioner shall, where practicable, carry out the inspection under subsection (5) on the day specified in the application or, if the inspection cannot be carried out on that day, as soon thereafter as is reasonably possible. (Added 56 of 1976 s. 3)
(5) Subject to subsection (5A), where an application under subsection (4) or (4A) is made to the Commissioner, he shall inspect the premises, and may-
(a) where he is satisfied on the evidence available as to the primary user, issue free of charge in the case of an application under subsection (4) and serve on the landlord and tenant or principal tenant and sub-tenant, as the case may be, a certificate in the specified form as to the primary user of the premises on the day of his inspection;
(b) where he is not so satisfied, issue free of charge in the case of an application under subsection (4) and serve on the landlord and tenant or principal tenant and sub-tenant, as the case may be, a notice in the specified form declining to express an opinion as to the primary user of the premises. (Amended 56 of 1976 s. 3; 29 of 1983 s. 12)
(5A) Where the Commissioner issues a certificate under subsection (5)(a), no further application may be made under subsection (4) or (4A) before the expiry of 1 year from the date on which that certificate is issued. (Added 29 of 1983 s. 12)
(6) A certificate issued by the Commissioner under subsection (5)(a) shall, for all purposes, including an application under subsection (8), be prima facie evidence of the facts set out therein and of the primary user of the premises on the day on which they were inspected. (Amended 76 of 1981 s. 34)
(7) (Repealed 29 of 1983 s. 12)
(3) A party to any tenancy or sub-tenancy may apply to the Tribunal to determine whether or not a tenancy or sub-tenancy is domestic and the Tribunal may determine that question for the purposes of this Part. (Replaced 29 of 1983 s. 12)
Transfer of tenancy to Part IV on joint application
51A. (1) A landlord and tenant, or principal tenant and sub-tenant, of premises to which this Part applies may apply jointly to the Commissioner in the specified form in triplicate for the tenancy, or sub-tenancy, to be excluded from the application of this Part.