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CAP. 7
Landlord and Tenant (Consolidation)
[1988 Ed.
(2) An application under subsection (1) may be made during the contractual period of the tenancy, or sub-tenancy, or during its continuation under section 52(1) and shall be lodged with the Commissioner within 28 days of its execution.
(3) The Commissioner shall-
(a) if he is satisfied that the tenant, or sub-tenant, understands the effect of the exclusion of the tenancy, or sub-tenancy, from this Part and has not been subject to any undue pressure or influence, endorse his approval on copies of the application and serve a copy on each of the applicants; or
(b) if he is not so satisfied, serve a notice to that effect on each of the applicants.
(4) Where an application is endorsed under subsection (3)(a), the tenancy, or sub-tenancy, to which the application relates shall be excluded from the application of this Part and Part IV shall apply to it with effect from a future date specified in the application by the applicants or, if no such date is specified, from the date of that endorsement.
(5) Where an application is endorsed under subsection (3)(a), that application shall constitute-
(a) a discontinuance by an applicant of any proceedings under section 53 for possession of the premises to which that application relates; and
(b) a waiver by an applicant to any right to increase the rent under this Part in relation to the premises to which that application relates.
(6) The applicants may in the specified form specify the terms of the tenancy, or sub-tenancy, to which Part IV shall apply and the lodging of the application under this section shall be sufficient compliance with section 119L.
(Added 40 of 1984 s. 17)
Transfer of tenancy to Part IV on unilateral application
51B. (1) A landlord or tenant, or principal tenant or sub-tenant, of premises to which this Part applies may apply to the Commissioner in the specified form in duplicate for the tenancy, or sub-tenancy, to be excluded from the application of this Part.
(2) An application under subsection (1) may be made-
(a) during the contractual period of the tenancy, or sub-tenancy (but not earlier than 12 months before the expiry of that period); or
(b) during its continuation under section 52(1).
(3) An application under subsection (1) in relation to tenancy, or sub-tenancy, continuing under section 52(1) shall not be made---
(a) within 12 months after the date on which an increase in rent (other than on account of improvements or an increase in rates) becomes effective; or
(b) within 12 months after the date of service of a notice under subsection (5)(b) following an earlier application under this section.
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