1988 Ed.]
Landlord and Tenant (Consolidation)
[CAP. 7
53
(ii) the Commissioner may, on an application accompanied by such fee as may be determined by the Financial Secretary, authorize the applicant to let the premises or any part thereof for a particular purpose and for a term not exceeding 1 year or to use, or allow the use of, for a period not exceeding 1 year, the premises or any part thereof for a particular purpose other than as a residence for the person for whose occupation the Tribunal was satisfied the premises were required under subsection (2)(b). (Amended 29 of 1983 s. 15; 32 of 1985 s. 12)
(b) The Tribunal or Commissioner, when granting an authority under paragraph (a) to let, shall specify the terms, including the rent, on which the premises or the part may be let:
Provided that the rent shall not be more than that payable by the tenant or sub-tenant last in possession. (Replaced 76 of 1981 s. 36)
(7B) Without prejudice to subsection (8), a person who contravenes subsection (7) commits an offence and is liable on conviction on indictment to a fine of $500,000 and in addition, on a second or subsequent conviction, to imprisonment for 12 months, and in any case to forfeit a sum not exceeding the equivalent of-
(a) in the case of a contravention of subsection (7)(a)(i), 2 years' rent calculated at the rate at which the premises were let without the authority of the Tribunal or the Commissioner; or
(b) in the case of a contravention of subsection (7)(a)(ii), the difference at the date of the contravention between the market value of the premises with vacant possession and the market value of the premises with the former tenant or sub-tenant in possession. (Added 6 of 1980 s. 5. Amended 29 of 1983 s. 15)
(7C) Any court which sentences a person for an offence under subsection (7B) may, in addition to imposing a penalty under that subsection, make an order under subsection (8) after hearing the former tenant or sub-tenant and the defendant. (Added 6 of 1980 s. 5)
(7D) (Repealed 29 of 1983 s. 15)
(7E) A letting, assignment, transfer or parting with possession of premises or any part thereof shall not be void, voidable or unenforceable by reason only of a contravention of subsection (7). (Added 76 of 1981 s. 36)
(7F) Where, in an application for possession of premises under subsection (2), the applicant alleges a ground mentioned in paragraph (b) or (c) of subsection (2) and---
(a) an order for possession is granted with the consent of the tenant or sub-tenant; or
(b) the application does not proceed and the tenant or sub-tenant consents to deliver up vacant possession of the premises,
the applicant shall be deemed, for the purposes of subsections (7), (7G) and (8), to have obtained an order for possession under paragraph (b) or (c) of subsection (2); and, in a case mentioned in paragraph (b) of this subsection and