58
CAP. 7
Landlord and Tenant (Consolidation)
[1988 Ed.
(6) No account shall be taken of
(a)
(i) in the case of a tenancy of premises to which this Part applied prior to 18 December 1979, expenditure incurred prior to 9 July 1976; (ii) in any other case, expenditure incurred prior to 18 December 1979; (Replaced 6 of 1980 s. 8)
(b) expenditure in respect of which an increase in rent has previously been made under this section.
(7) Where a landlord serves on a tenant a notice of increase under subsection (2), the landlord shall send a copy of that notice to the Commissioner,
(8) A tenant on whom a notice of increase in rent is served under this section may, not later than one month after the service of the notice, apply to the Tribunal for an order cancelling or reducing the increase on the ground-
(a) that the improvement was unnecessary:
Provided that where the premises the subject of the improvement comprise 3 or more tenements and more than two-thirds of the tenants of those premises (other than sub-tenants) have consented in writing to the improvement, the improvement shall be deemed to be necessary;
(b) that a greater amount was expended on the improvement than was reasonable; or
(c) where the increase follows an apportionment under subsection (4), that the apportionment was unreasonable,
and the Tribunal may make an order accordingly. (Amended 76 of 1981 s. 40)
(9) In this section-
"improvement" includes structural alteration, extension or addition and the provision of additional fixtures and fittings, but does not include anything done by way of decoration or repair;
"landlord" includes principal tenant;
"tenant" includes sub-tenant.
Increase in rent on account of rates
56. (1) Where-
(Added 56 of 1976 s. 5)
[cf. U.K. 1968 c. 23 ss. 25 & 38]
(a) a landlord bears the rates in respect of any premises the subject of a tenancy and there is an increase in the amount of rates payable; or
(b) rates are imposed in respect of any such premises and the landlord bears those rates,
the landlord may, subject to subsection (2), increase the amount of rent payable by the tenant of those premises by the amount of the increase in rates or by the amount of the rates imposed, as the case may be.
(1A) For the purpose of subsection (1)(b), rates shall be deemed not to be imposed where rates become payable by reason only that the premises cease to