1988 Ed.]
Landlord and Tenant (Consolidation)
[CAP. 7
101
(3) For the purpose of determining whether premises are or have been used for human habitation within the meaning of subsection (1)(b) or (2) the following types of habitation shall be disregarded-
(a) habitation by caretakers or watchmen;
(b) habitation by office attendants or their families;
(c) habitation by a guest of an hotel or boarding house of a particular portion of the hotel or boarding house which is let to him by the keeper of the hotel or boarding house.
Tenant may apply for notice of termination not to take effect
{ Added 39 of 1979 s. 23)
124B. (1) Where a tenant of premises to which section 124A applies is served with a notice of termination, he may apply to the Tribunal not later than 3 months before the notice of termination is to take effect for an order under subsection (2).
(2) Subject to subsection (3), upon the application of a tenant under subsection (1), the Tribunal shall make an order that the notice of termination which has been served upon him shall not take effect and that no further notice of termination shall be served upon him in respect of the same premises until a period of 1 year, or such lesser period as the Tribunal may specify, has elapsed since the first mentioned notice was served upon him.
(3) The Tribunal shall refuse to make an order under subsection (2) if the landlord satisfies it that-
(a) the tenant has committed a breach of covenant or condition of the tenancy which is, or would but for the service of a notice of termination have been, a cause for forfeiture;
(b) the premises are required by the landlord for occupation as a residence for-
(i) himself;
(ii) his father or mother; or
(iii) any son or daughter of his over 18 years of age:
Provided that the Tribunal shall, notwithstanding that the circumstances of the case fall within this paragraph, make an order under subsection (2) if it is satisfied that, having regard to all the circumstances of the case, including whether other accommodation is available for the persons for whose occupation the premises are required, greater hardship would be caused by refusing to make such an order than by making it;
(c) the tenant has caused-
(i) to the landlord by non-payment of rent or otherwise; or
(ii) to any occupant of the premises,
unnecessary annoyance, inconvenience or disturbance which has continued after a warning in writing has been served by the landlord on the tenant;