50
CAP. 7]
Landlord and Tenant (Consolidation)
[1988 Ed.
"his father, his mother or any son or daughter of his" includes the father, mother, son or daughter of one or more landlords or principal tenants, holding the premises jointly or in common, with the other landlord or landlords or principal tenant or tenants so holding assenting to an order for possession. (Added 29 of 1983 s. 15)
(b) For the purpose of subsection (2)(d), a tenant or sub-tenant who persistently fails to pay rent as and when it falls due may be regarded as causing unnecessary inconvenience to the landlord or principal tenant, as the case may be. (Added 39 of 1979 s. 14)
(3) For the purposes of subsection (2)(e) or (2)(h), where a landlord establishes a prima facie case that there has been an apparent change in the occupancy of the premises or of any part thereof, the tenant shall be deemed to have sublet such premises or such part unless he satisfies the Tribunal to the contrary. (Amended 29 of 1983 s. 15)
(4) (a) An order for possession under subsection (2) shall take effect on such date as the Tribunal may order:
Provided that-
(i) in a case where a person acquires a right which, but for section 52 and this section, would entitle him to occupy premises which are subject to a tenancy or sub-tenancy and the Tribunal makes an order for possession on the grounds mentioned in subsection (2)(b) before the expiry of a period of 12 months from the date of the acquisition, the Tribunal shall not make the order to take effect either earlier than 12 months or later than 18 months from the date of the acquisition; and
(ii) in any other case, the Tribunal shall not make an order for possession to take effect later than 6 months from the date of the order.
(b) Subparagraph (i) of paragraph (a) shall not have effect in relation to a case where a person entered into an enforceable contract to acquire the right mentioned in that paragraph before 19 June 1981; and in that case subparagraph (ii) of paragraph (a) shall apply.
(c) When making an order for possession under subsection (2), the Tribunal may also order the payment of rent or mesne profits. (Replaced 52 of 1981 s. 5)
(d) When making an order for possession under subsection (2)(b), the Tribunal shall specify the name of the person for whose occupation it is satisfied the premises are required. (Added 29 of 1983 s. 15)
(4A) Subject to subsection (2)(b), where an application for an order for possession is made on the ground mentioned in that subsection and the Tribunal is satisfied that only part of the premises is reasonably required, the Tribunal shall-
(a) in a case where any tenant or sub-tenant is willing to remain in possession of the remainder of the premises in terms of an order made under subparagraph (ii)—