Termination
Taney.
(8) Where a Principal Tenant is evicted under the provisions of this section or of section 8, the sub-tenants of such principal tenant shall be deemed to be and shall thereafter be tenants of the immediate landlord of such Principal Tenant and shall be deemed to hold their respective premises upon the terms and conditions upon which they held them from the Principal Tenant : Provided always that such immediate landlord shall be entitled to demand or receive from such sub- teuant ouly such rent as he would have been entitled to demand or receive if the tenancy of the Principal Tenant had been terminated under the provisions of section 12 of this Ordinance and shall undertake towards the sub-tenants all those obliga- tions formerly undertaken by the Principal Tenant.
12. (1) The immediate landlord of a Principal Tenant at Principal whose original contract of tenancy has been or shall be deter- mined by a valid notice to quit may at any time after the commencement of this Ordinance or the expiration of the period referred to in such notice whichever shall be the later serve on such Principal Tenant written notice under this section calling upon the Principal Tenant to deliver up at the expiration of one calendar month next following the service of such notice, possession of the premises save and except such part thereof if any as the Principal Tenant has retained for his own use. Any such notice shall state that the Principal Tenant may, at his option, either deliver up possession of that part of the premises (if any) as he had before the service of such notice retained for his own use or may retain possession thereof as tenant of the immediate landlord.
(3) Immediately on the giving of such notice as afore. said the immediate landlord shall serve on each sub-tenant of such Principal Tenant (in this section called the sub-tenant) written notice that he has served such notice upon the Prin- cipal Tenant and calling upon the sub-tenant, after the expiration of the aforesaid calendar month, to pay to the immediate landlord or such person as he may appoint the rent of the premises the subject of the former sub-tenancy.
(3) From and after the expiration of the said calendar month the sub-tenant shall in every respect be deemed to be the tenant of such immediate landlord and to hold the premises subject to the terms and conditions upon which be held the same as sub-tenant of the Principal Tenant: Provided always that the immediate landlord shall be entitled to recover from the sub-tenant the standard rent of the premises together with an addition thereto in the case of domestic premises of thirty per cent. and, in the case of business premises, of forty-five per cent, and together also with any increase sanctioned by this Ordinance but shall not be entitled to recover any greater reut notwithstanding any agreement to the contrary made between the sub-tenant and the Principal Tenant.
(4) Where the Principal Tenant has retained for his own occupation any part of the premises the subject of his tenancy from the immediate landlord, he shall, after the expiration of the said calendar month, unless he shall then deliver up possession, be deemed to be the tenant of the immediate landlord in respect of that part of the premises so retained as aforesaid and to hold the same upon a monthly temancy at such a rent as may be fairly attributable to that part of the premises retained by him having regard to the rents
recoverable by the landlord in respect of the other parts of the premises of which he was formerly the tenant: Provided always that in the event of any dispute or difference between the immediate landlord and the Principal Tenant as to the amount of the rent payable by such Principal Tenant the same may be referred to and decided by a Tenancy Tribunal.
(5) An immediate landlord who exercises the power conferred by Bub-section (1) of this section shall undertake towards the sub-tenants all those obligations formerly under- taken by the Principal Tenant.
to new agreements tu vacate
13. Subject to the provisions of section 10 hereof, Saving as nothing in this Ordinance shall be taken to limit the right of a landlord and tenant (whether or not the tenant is a tenant to whom sub-section 2 of section 5 applies) to agree to such stipulations and conditions as they shall think fit in regard to the duration of the tenancy and in particular to any stipulation in regard to termination of the tenancy in the event of the landlord desiring to sell the premises or to obtain possession for occupation by himself or any member of his family: Provided that no landlord shall be entitled by reason of any agreement made under the foregoing provision to obtain an order for the ejectment of any tenant unless be satisfies a Tribunal or a Court, as the case may be, that the tenant intended by such agreement to deprive himself of the protection against ejectment afforded by this Ordinance.
14. Nothing in this Ordinance shall entitle any land- lord during the currency of any written lease of any premises for a definite and unexpired term, to any rent higher than the rent reserved in such lease.
15. Notwithstanding the provisions of sections 4. and 14 of this Ordinance, a Tenancy Tribunal may in its discretion. on the application of a landlord sanction the increase of the rent of any premises by such amount as may be agreed by the tenant thereof and the increased rent so sanctioned shall from the date on which such sanction is given be the rent of the premises during the continuance of this Ordinance.
Busings for
onexpired term,
Agreed increve of rent,
may revisa runt in certain USB,
16. Subject to the provisions of section 14, if the Tribuna! standard rent of any premises either (a) is a rent which was agreed upon in writing at some date before the 1st July, 1987, or (b) is not higher than the rent recoverable from the tenant in actual occupation on the 1st July, 1937, it shall be lawful for the landlord of such premises to apply to a Tenancy Tribunal to fix and such Tribunal may fix such other rent as the Tribunal shall think fit as the standard rent to be paid in respect of such premises during the continuance of this Ordinance: Provided that nothing in this section shall affect any rent which became due before the date of the order made by the Tribunal.
17. It shall be lawful for a Tenancy Tribunal on the application of landlord or tenant ---
(a) to fix any rent which for any reason is not otherwise determinable under the provisions of this Ordinance; or
(b) to apportion any rent to which this Ordinance relates; or
Tribunal JDAY FOR apportion renta in certain calOS.