Appeal to District Court.
14
of the receipt of the application under section 10, and the Com- missioner 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.
12. (1) Where---
(a) a certificate under subsection (4) of section II specifies an increase exceeding fifteen per cent of the existing rent, the landlord or the tenant may appeal against such in- crease to the court; and in the case of an appeal by the tenant, be may dispute any fact set out in the application under section 10;
(b) a certificate under subsection (4) of section 11 confirms the refusal to award any increase in rent or specifies an increase not exceeding fifteen per cent, the landlord may appeal against such refusal or increase to the court.
(2) Where a landlord appeals under subsection (1), the tenant shall be made the respondent in the appeal and where a teoant appeals under subsection (1) the landlord shall be made the respondent in the appeal,
(3) A certificate issued by the Commissioner under subsec- tion (4) of section 11 shall be prima facie evidence that the increase stated therein is reasonable in the circumstances of the tenancy, or that no increase is justified, as the case may be.
(4) On the hearing of an appeal under subsection (1) the court shall determine any facts in dispute and may—
(a) confirm the certificate; or
(B) if satisfied that the increase in rent specified in the certificate is manifestly unfair or unreasonable, having regard to the matters set out in subsection (5) and to any determination it makes in a dispute as to facts relevant to the assessment, vary or set aside the increase; or (c) if the certificate confirms the refusal to award any increase in rent, order such increase in rent as it con- siders fair, having regard to the matters set out in subsection (5) and to any determination it makes in a dispute as to facts relevant to the assessment:
Provided that no increase shall exceed that specified in the application under section 10.
(5) In proceedings under this section and under section 13 the court, in assessing a fair increase in rent-
(a) shall have regard to the circumstances of the particular tenancy or sub-tenancy, other than the personal circum-
stances of the landlord or tenant, or principal tenant or sub-tenant as the case may be; and
(6) for such purposes may consider increases in rent in tenancies and sub-tenancies of premises of a similar Dature: and
(c) where the court is of the opinion that insufficient guidance is afforded thereby, may in addition consider the actual rents of such tenancies and sub-tenancies in such prem- ises.
(6) Any increase in rent ordered by the court shall take effect as provided in subsection (5) of section 11.
13. (1) Where the Commissioner receives comments from a tenant under section 10 which indicate that the tenant disputes any fact set out in the application of the landlord he may-
(a) consult with one or more members of the panel; and (b) if satisfied that an increase in rent would be reasonable
in the circumstances of the tenancy.
serve on the landlord and on the tenant provisional certificates stating what he considers to be fair increase; and the Commissioner may endorse on such certificates such comments as he may think proper relating to the application.
(2) Any provisional certificate issued by the Commissioner shall be prima facie evidence that the increase specified therein is reasonable in the circumstances of the tenancy,
(3) Within fourteen days of service on him of a provisional certificate under subsection (1) the tenant may serve on the landlord a notice of objection in the specified form, stating which facts he disputes.
(4) Within fourteen days of service on him of a notice of objection under subsection (3), the landlord may apply to the court for a determination of the facts in dispute and may appeal against the increase specified in the provisional certificate; and the tenant shall be made the respondent in the application or appeal,
(5) Where a notice of objection is served on him under sub- section (3) and the landlord fails to make an application to the court under subsection (4), the increase specified in the provisional certificate shall not have effect.
(6) On the hearing of an application under subsection (4)- (a) the court shall determine the facts in dispute relevant to the assessment of the increase specified in the provisional certificate; and
Facts in dispute.