1988 Ed.]
Landlord and Tenant (Consolidation)
[CAP. 7
51
(i) make an order for possession of such part of the premises as the Tribunal thinks fit having regard to those reasonable requirements and all the circumstances of the case; and
(ii) make such orders under subsection (4B) in relation to the remainder of the premises as it thinks fit; or
(b) in any other case, make an order for possession of the whole of the premises. (Added 29 of 1983 s. 15)
(4B) Notwithstanding subsections (5), (6) and (6A), where the Tribunal makes an order for possession under subsection (4A) in relation to only part of the premises, it may, in relation to the remainder of the premises-
(a) apportion that remainder for occupation by the tenant and any sub-tenant, by the tenant alone or by any sub-tenant alone as may be just and equitable;
(b) having regard to the terms and conditions of the existing tenancy or sub-tenancy and subsection (6B)(b), fix the terms and conditions of the tenancy or sub-tenancy under which the remainder apportioned under paragraph (a) shall be occupied. (Added 29 of 1983 s. 15)
(5) Where a tenant has, in breach of the contractual tenancy, sublet the whole or any part of the premises, an order for possession of the premises under subsection (2) against the tenant shall also operate as an order for possession against the sub-tenant whether or not that sub-tenant is a party to the proceedings in which that order is granted. (Replaced 76 of 1981 s. 36. Amended 40 of 1984 s. 19)
(6) Where a tenant has, without breach of the contractual tenancy, sublet the whole or any part of the premises, the Tribunal shall not make any order for possession under subsection (2) against the sub-tenant unless-
(a) the Tribunal makes the order on the ground mentioned in paragraph (b) or (c) of subsection (2); or
(b) the Tribunal is satisfied that, if the application had been by the tenant for an order for possession against the sub-tenant, the tenant would have been entitled to such an order. (Replaced 76 of 1981 s. 36)
(6A) Where the Tribunal makes an order for possession against the tenant but does not make an order for possession against a sub-tenant to whom the premises or any part has been sublet, the sub-tenant shall become the tenant of the landlord on the same terms, subject to this Part, as the sub-tenant held from the principal tenant:
Provided that, where a part only of the premises would remain in the possession of a sub-tenant or sub-tenants if an order were made under this subsection, the Tribunal, on the application of the landlord, shall, either, order the sub-tenant or the sub-tenants jointly to accept a tenancy of the whole premises on the same terms, subject to this Part, as the principal tenant held from the landlord or make an order for possession of the whole premises. (Added 76 of 1981 s. 36)
(6B) (a) Any tenancy or sub-tenancy arising under subsections (4A) and (4B) or subsection (6A) shall be a tenancy or sub-tenancy to which this Part applies and which is continuing under section 52(1).