Limitation on increases.
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(b) where the facts relevant to such assessment are found by the court to differ in any material respect from the facts set out in the application under section 10, or where the landlord appeals under subsection (4), the court may-
(i) confirm the provisional certificate; or
(ii) if satisfied that the increase in rent specified in the provisional certificate is manifestly unfair or un- reasonable, baving regard to the matters set out in sub- section (5) of section 12 and to any determination it makes under paragraph (a) of this subsection, vary or set aside the increase in real.
(7) The increase in rent specified in a provisional certificate or, where there has been an objection under subsection (3). ordered by the court shall take effect three months from the date of the receipt of the application under section 10; and the Commissioner shall, when issuing the certificate, endorse thereon a notice of the date when the increase in rent takes effect, regard being paid to section 8.
(8) Nothing in this section shall affect any defence or remedy available to the tenant but for the enactment of this Ordinance.
14. (1) No increase in rent in any tenancy, except by agree- ment, shall take effect within a period of one year from-
(a) the date on which the rent of the tenancy was last in- creased before the commencement of this Ordinance, whether or not such last increase was by agreement; or (b) the date of any tenancy entered into before the com-
mencement of this Ordinance,
whichever is the later.
(2) Subject to subsection (3), no application under section 10 for an increase in rent of any tenancy shall be made earlier than three months before the expiration of the period of one year referred to in subsection (1).
(3) No application under section 10 for an increase in rent of any tenancy shall be made during the continuance in force of this Ordinance where the rent of the tenancy bas been increased ander this Ordinance whether or not such increase was by agreement.
(4) Where-
(a) the rent of any tenancy was increased before the com-
mencement of this Ordinance; or
(b) the tenancy was entered into before the commencement
of this Ordinance.
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and the rent of such tenancy has been increased under this Ordin- ance, no order shall be made for the recovery of any increased reat or for the recovery of possession for non-payment thereof unless the landlord satisfies the court that one year has or will have clapsed between the commencement of the tenancy or the last increase in rent, as the case may be, and the date on which the increase takes effect.
(5) For the purposes of this section rent shall be deemed to have been increased if the tenant has made any payments to the landlord other than the regulor payments of rent, and such addi- tional payments have been made as a condition of the right to the occupation of the premises.
15. (1) Where the rent of a tenancy is increased under the provisions of this Ordinance the principal tenant may apply by notice in the specified form to the Commissioner for a certificate to be issued under subsection (2) or (3).
(2) On receipt of an application under subsection (1) the Commissioner may, save where the increase took effect under section 9, serve on the principal tenant and on the sub-tenant certificates specifying the percentage by which the rent of the tenancy has been increased and the date on which such increase took effect.
(3) Oa receipt of an application under subsection (1) in respect of an increase in rent under section 9 the Commissioner may serve on the principal tenant and on the sub-tenant certifi- cates specifying what increase in rent of the sub-tenancy would in his opinion be reasonable in the circumstances of the sub- temancy.
(4) The rent of a sub-tenancy shall be increased-
(a) by the percentage by which the reat of the tenancy is increased as specified in a certificate issued under sub- section (2); or
(8) by the amount specified in a certificate issued under
subsection (3).
(5) The increase in rent of a sub-tenancy shall take effect- (a) three months from the date of the receipt of the applica-
tion under section 10; or
(b) three months from the date of the endorsement of the
Commissioner on a notice under section 9,
but not earlier than the date on which certificates are served under subsection (2) or (3):
Increase in
rents of sub- tenancies.