Addition of

2

4. The principal Ordinance is amended by adding, after new sections section 10, the following new sections— LOA. IOB,

LOC and TOD.

"Increase

in rent an account of rates.

Increase

in rent following

apportion-

ment.

10A. (1) Where-

(a) a landlord bears the rates in respect of any premises and after 31st March 1975 there is an increase in the amount of the rates payable; or

(6) rates are imposed after 1st March 1975 in respect of any,, premises, and the landlord bears those rates,

the landlord may, subject to subsection (2), increase the amount of rent payable by the tenant of those premises by the amount of the increase in rates or by the amount of the rates imposed, as the case may bc.

(2) Where the amount of rent is increased under this section the increase shall not take effect except in pursuance of a notice of increase in the specified form served by the landlord on the tenant, specifying the increase and the date from which it is to take effect.

(3) The date specified in a notice of increase under subsection (2) shall be not carlier than-

(a) the date on which the increased rates or the rates imposed, as the case may be, became payable;

(b) 3 months prior to the date of service of

the notice; or

(c) the 1st April 1975,

whichever is the later.

10B. (1) Where section 10A(1) applies in respect of any premises and the premises form part of a tenement or consist of, or form part of, more than one tenement, the landlord may apply to the Com- missioner in the specified form for a certificate under subsection (2).

(2) On receipt of an application under subsec- tion (1), the Commissioner shall make such apportion. ment or aggregation of the rates as he considers neces-

C

(3 106)

Increase in rent of sub-tenancy

on account of rates.

3

sary to determine the amount of rates attributable to the premises and shall serve on the landlord and on the tenant certificates in the specified form stating the amount by which the rent may be increased.

(3) Where the Commissioner has served a cer- tificate under subsection (2), the rent of the tenancy may be increased, in accordance with section 10A, by the amount shown in the certificate.

(4) In this section, "tenement" shall have the meaning assigned to it by section 2 of the Rating Ordinance.

10C. (1) Where-

(a)

a principal tenant bears the rates in respect of any premises the subject of a sub-tenancy and after 31st March 1975 there is an in- crease in the amount of rates payable; (5) rates are imposed after 31st March 1975 in respect of any premises the subject of a sub- tenancy and the principal tenant bears those

rates; or

(c) the rent of a tenancy has been increased under section 10A or 10B and a sub-tenancy has been created out of that tenancy,

the principal tenant may, subject to subsection (5), increase the amount of the rent payable by the sub- tenant by the amount of the increase in the rates or by the amount of the rates imposed, as the case may be, attributable to the premises the subject of the sub- tenancy.

(2) Where subsection (1) applies in respect of any premises, a principal tenant may apply to the Commissioner in the specified form for a certificate under subsection (3).

(3) On receipt of an application under subsection (2) the Commissioner sball make such apportionment or aggregation of the rates as be considers necessary to determine the amount of rates attributable to the premises the subject of the sub-tenancy and shall serve on the principal tenant and on the sub-tenant certificates in the specified form stating the amount by which the rent of the sub-tenancy may be increased.

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