46
CAP. 7
Landlord and Tenant (Consolidation)
[1988 Ed.
1
(8) A certificate issued under subsection (5)(a) shall not affect-
(a) any proceedings under section 53 commenced before the date of the issue of that certificate; or
(b) any right to increase the rent under this Part following a proper notice served under section 55, 55A, 56, 63 or 63A or a certificate issued by the Commissioner under section 56A or 58 before that date.
(9) In this section--
"current rent" means the rent, exclusive of rates, payable by the tenant, or sub-tenant at the date of the application under subsection (1); and
"prevailing market rent" means the rent, exclusive of rates, at which the premises might reasonably be expected to be let on a term of 2 years at the date upon which the Commissioner issues his certificate or notice under subsection (5), on the terms of the tenancy, or sub-tenancy (other than those relating to rent and duration of the tenancy or sub-tenancy) but disregarding the effect of this Part.
Review of decisions under sections 51A and 51B
51C. (1) Where the Commissioner-
(a) serves a notice under section 51A(3)(b); or
(Added 40 of 1984 s. 17)
(b) serves a copy of his certificate under section 51B(5)(a); or
(c) serves a notice under section 51B(5)(b),
a party to the tenancy, or sub-tenancy, which is the subject of the application under those sections and who is aggrieved may, within 14 days of that service, apply to the Commissioner by notice in duplicate in the specified form for a review of his decision.
(2) On receipt of an application under subsection (1) and of such fee as may be determined by the Financial Secretary, the Commissioner shall review his decision and, after giving the parties the opportunity of making written submissions, he may affirm the decision or cancel it and decide the matter afresh, and shall serve a notice of his decision on the parties. (Amended 32 of 1985 s. 10; 77 of 1988 s. 4)
(3) (Repealed 32 of 1985 s. 10)
(Added 40 of 1984 s. 17)
Appeal
51D. A party to the tenancy, or sub-tenancy, which is the subject of the application under section 51A or 51B and who is aggrieved by a decision of the Commissioner under section 51C may, within 1 month of the service of the notice of the decision, appeal to the Tribunal which may make such order thereon as it thinks fit.
(Added 40 of 1984 s. 17. Amended 77 of 1988 s. 5)