54
CAP. 7]
Landlord and Tenant (Consolidation)
[1988 Ed.
for the purposes of fixing the commencement of the period mentioned in subsection (7), the date of the order shall be deemed to be the date upon which the application for possession is issued from the Tribunal. (Added 76 of 1981 s. 36)
(7G) Any applicant who has obtained an order for possession under paragraph (b) or (c) of subsection (2) shall be presumed, until the contrary is shown, to have knowledge of that order, of the application for possession, of the grounds alleged upon which the order was obtained, of the outcome of the application and of any consent given by the tenant or sub-tenant in connection with the order or the delivery of vacant possession. (Added 76 of 1981 s. 36)
(8) Where a landlord or principal tenant has obtained an order for possession of the premises under subsection (2) and it is subsequently made to appear to the Tribunal that the order was obtained by the misrepresentation or concealment of material facts or where such landlord or principal tenant is shown to have acted in contravention of subsection (7), the Tribunal or, as the case may be, the court referred to in subsection (7C) may order the landlord or principal tenant to pay to the former tenant or sub-tenant such sum as it thinks fit by way of compensation for damage or loss sustained by that tenant or sub-tenant as a result of the order. (Amended 32 of 1985 s. 12) [cf. U.K. 1968 c. 23 s. 19]
(9) Where a tenant or sub-tenant successfully opposes an order for possession of the premises under subsection (2) and it is subsequently made to appear to the Tribunal that the opposition was successful by reason of the misrepresentation or concealment of material facts, the Tribunal may order the tenant or sub-tenant to pay to the landlord or principal tenant such sum as it thinks fit by way of compensation for damage or loss sustained by the landlord or principal tenant as a result of that opposition. (Added 76 of 1981 s. 36)
(Amended 76 of 1981 s. 36)
Restriction on order for possession for rebuilding
53A. (1) The Tribunal shall not make an order for possession of premises on the ground mentioned in paragraph (c) of section 53(2) unless, in addition, it is satisfied that-
(a) the rebuilding will result in an increase in the number of dwellings or in accommodation for domestic use or in accommodation for other than domestic use; and, if for other than domestic use, the site of the premises is suitable for the intended use; or
(b) the rebuilding is in the public interest; or
(c) the expenditure required to restore or repair the premises would not be economically reasonable,
and, where the approval or authority of any person is required in respect of the rebuilding, the Tribunal may-
(i) state that it is satisfied as mentioned in paragraph (c) of section 53(2) and this subsection, if that be the case;
(ii) postpone the hearing of the application to enable the landlord or principal tenant to apply for that approval or authority; and
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