Day on which increases in reat take clitci.
Increases in rent by
agreement.
given by an officer of the Secretariat for Chinese Affairs to the sub- tenant causing the same.
(5) Within fourteen days of service of a notice to quit under sub- section (2) or (4) a tenant or sub-tenant on whom the notice was served may serve a counter notice in the prescribed form on his landlord or principal tenant, as the case may be, disputing the right of the landlord or principal tenant to serve notice to quit.
(6) On receipt of a counter notice under subsection (5) the land- lord or principal tenant, as the case may be, may apply to the District Court for an order for possession of the premises to which such notice relates. Where he satisûes the Court that he is entitled to possession on the ground specified in the notice to quit, the Court may make an order for possession which shall take cffect on such date as the Court may order but not earlier than the date on which the notice to quit would have taken effect nor later than three months from the date of such order; and at the hearing of such an application the Court may order the payment of rent or mesne profits:
Provided that no order shall be made on the ground specified in paragraph (a) of subsection (2) if the Court is satisfied that having regard to the circumstances, including the question whether other ac- commodation is available for the landlord, the tenant, the principal tenant or the sub-tenant, greater hardship would be caused by granting the order than by refusing to grant it.
(7) Where a tenancy or sub-tenancy is terminated on any ground specified in paragraph (4) or (b) of subsection (2) and the same premises are the subject of a subsequent tenancy or sub-tenancy, at any time in the case of a tenancy or sub-tenancy terminated on the ground specified in paragraph (a) of subsection (2), or prior to the premises being re- built in the case of a tenancy or sub-tenancy terminated on the ground specified in paragraph (b) of subsection (2), the provisions of this Ordin- ance shall apply to such subsequent tenancy or sub-tenancy as if it were a continuation, on the same terms, of the tenancy or the sub-tenancy terminated under this section.
PART III.
INCREASE IN RENTS.
*. Where under this Part provision is made for a date when an increase in rent is to take effect, the same shall be read and construed as providing that such increase shall take effect on the first day when rent becomes due after the date specified in such provision,
8. Where an increase in rent is agreed between a landlord and tenant the landlord shall lodge a notice thereof in the prescribed form with the Commissioner, and rent at the increased rate shall not be
recoverable save where the landlord is in possession of a copy of such notice duly endorsed by the Commissioner.
9. (1) A landlord may apply by sending two copies of a notice Application in the prescribed form to the Commissioner for—
(a) his certificate that an increase in rent not exceeding ten per cent of the rent is reasonable in the circumstances of the tenancy; or
(6) his certificate that in the circumstances an increase in rent of
only ten per cent of the rent would be wholly unreasonable, and such application shall specify the increase desired by the landlord. (2) Within fourteen days of receiving such application the Com- missioner shall serve a copy thereof on the tenant, who may return the same within a further period of fourteen days together with his com- ments thereon to the Commissioner. In the event of such copy and comments not being so returned to the Commissioner, he may accept the facts set out therein as being agreed to by the tenant.
for certificate of increase to rent,
of court.
10. (1) Where the Commissioner receives the comments of a Facts in tenant under section 9 which indicate that the tenant disputes some of dispute
provisional the facts set out in the application of the landlord, he may, if satisfied certificate that an increase in rent would be reasonable in the circumstances of the or order tenancy, serve on the landlord and on the tenant provisional certificates in the prescribed form specifying what he considers to be a fair increase, which shall not exceed ten per cent of the rent. Such certificates shall be based on the facts set out in the application of the landlord, but shall not constitute an expression of opinion as to any of the facts in dispute nor be evidence concerning them,
(2) Within fourteen days of service on a tenant under subsection (1) the tenant may serve on the landlord a notice of objection, stating therein which facts he disputes. Within fourteen days of service of such notice the landlord may apply to the District Court for a determination of the facts in dispute.
(3) Having determined the relevant facts in dispute the District Count may-
(a) confirm the provisional certificate, which shall then take effect as from the date specified therein under subsection (4); or (b) order that no increase in rent is justified in the circumstances
of the tenancy; or
(c) order such increase in rent, not exceeding ten per cent of the rent, as it considers reasonable in the circumstances of the tenancy.