28.
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CATEGORY 1, LESSOR PRESENT AND AT LIBERTY TO EXERCISE RIGHTS ESSEE ASSENT OR OTHERWISE UNABLE TO EXERCISE RIGHTS DUE TC NELY OCCUPATION.
Rent should cease to be payable from the occupation date.
If the term of the lease is still subsisting, then
covenants.
(a) If the lessor has re-entered and is in possession or has re-let
to a new lessee, the old lessee should have an option, exer- cisable within (say) two months of a date to be fixed by the C.C.A.0. For leases in the area (hereinafter referred to as "the option date"), to recover possession for the unexpired portion of the term at the previous rent and on the previous
If a new lessee is in possession, the new lease may be cancelled. The old lessee, electing to retake possession, may be ordered by the Commission to pay to the new lessee a sum not exceeding (say) one month's rent at the former rate as compensation for ejectment and to pay, either by way of enhanced rent or a capital sum to the lessor or the new lessee, the fair value of any permanent improvements made by either of them to the extent that such improvements enhance the value of the tenancy to him. Per contra the old lessee should be entitled to claim the value oi', or a reasonable rent for, furniture, fixtures etc., belonging to him and left on the premises and enjoyed by the lessor or new lessee in his absence.
Reasonable notice should be given to the new lessee before he is ejected and, as already stated, a sum not exceeding a month's rent at the old rate may be awarded by the Commission to him by way of compensation. The new lessee should also be at liberty to exercise in the Courts any rights which he may have against the lessor.
If the lease has expired during the occupation, no question of ejecting the new lessee will arise. Provision should be made for the rent under the old lease to cease to be payable as from the occupation date. The old lessee may, as above, claim payment for the use of any of his furniture or fixtures enjoyed during his absence. The old lessee should have no claim to a new lease, unless the former lease gave him an option to renew, in which case he may be treated as if the term had not expired.
If the new tenant is morely a monthly tenant, his tenancy should, on the old lessee electing to re-enter, be terminated by a month's notice by the landlord. No question of compensation then arises.
(b) If the lessor has not re-entered or re-let the premises.
(1)
(ii)
If the lease has expired, the lessee may remove any chattels belonging to him, and the lesson may recover from the lessee any arrears of rent due up to the occupation date, but not later.
If the lease has not expired, it will, at the lessee's option to be exercised as under paragraph (a), revive and continue as before. But rent and performance of covenants will be excused from the occupation date until the revival date.
29. CATEGORY 2, LESSEE IN MALAYA AND AT LIBERTY TO EXERCISE RIGHTS:
LESSOR ASSENT OR UNABLE TO EXERCISE RIGHTS.
(1)
If the lease has not expired and the lessee has remained in enjoyment of the property throughout, the lessor should be entitled to recover from the lessee all rent up to date subject to power being given to the Commission to lower the
rent,
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