WEDNESDAY, MAY 25, 1983
7
SUB-TENANT BURDEN ON LANDLORD REMOVED
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UNDER THE PROVISIONS OF THE LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) BILL 1983, A TENANT OR SUB-TENANT IS PROTECTED AGAINST HARRASSMENT FROM THE LANDLORD OR ANY OTHER PERSON, THE HON MARIA TAM SAID IN THE LEGISLATIVE COUNCIL TODAY.
SPEAKING IN SUPPORT OF THE BILL, MISS TAM POINTED OUT THAT A SUB-TENANT IS ALLOWED TO REMAIN IN POSSESSION OF PART OF THE PREMISES EVEN THOUGH THE LANDLORD HAS RECOVERED POSSESSION OF THE OTHER PARTS FOR HIS OWN OCCUPATION FROM THE PRINCIPAL TENANT.
HOWEVER, WHERE THE PRINCIPAL TENANT MAKES A HANDSOME PROFIT OUT OF RENTALS FROM THE SUB-TENANTS, AND PARTICULARLY IN CASES WHERE HE DOES NOT RESIDE AT THE PREMISES, IT BECOMES NECESSARY TO PROTECT THE INTEREST OF THE LANDLORD, SHE SAID.
IN THESE CIRCUMSTANCES, THE BILL PROVIDES AN ADDITIONAL GROUND FOR THE LANDLORD TO RECOVER POSSESSION OF HIS PREMISES, SHE POINTED OUT.
+BUT THE STORY OF THE LANDLORD'S GRIEF DOES NOT END THERE,+ SHE ADDED.
+WHERE THE SUB-LETTING IS NOT IN BREACH OF THE CONTRACTUAL TENANCY THE SUB-TENANT BECOMES THE PRINCIPAL TENANT.
+HE CAN IN TURN SUB-LET THE WHOLE PREMISES TO HIS SUB-TENANT AND THIS SUB-SUB-TENANT WILL ALSO BE PROTECTED UNDER OUR 'RENT CONTROL LEGISLATIONS.
+THE LANDLORD, IN EFFECT, NEVER RECOVERS POSSESSION OF HIS PREMISES, SHE SAID.
AN AD HOC STUDY GROUP OF UNOFFICIAL MEMBERS THUS PROPOSED THAT WHILE THE IMMEDIATE SUB-TENANT SHOULD ENJOY RENT CONTROL PROTECTION AND SECURITY OF TENURE, THE LANDLORD SHOULD NOT BE BURDENED WITH A SUB-SUB-TENANT WHOSE EXISTENCE WAS NOT CONTEMPLATED BY THE CONTRACT, MISS TAM SAID.
AS A RESULT, AN AMENDMENT WAS MADE TO THE BILL TO THE EFFECT THAT WHERE A SUB-TENANT BECOMES THE TENANT OF A LANDLORD, ANY SUB-LETTING UNDER THAT TENANCY BY THAT TENANT WITHOUT WRITTEN PERMISSION FROM THE LANDLORD WILL BE IN BREACH OF THE CONTRACTUAL TENANCY.
+THIS AMENDMENT WILL GIVE THE LANDLORD A CHOICE AS TO WHETHER HE WISHES TO RECOGNISE AND ACCEPT THE SECOND GENERATION OF SUB- TENANT IN SPITE OF THE FACT THAT IN THE ORIGINAL TENANCY AGREEMENT MADE BETWEEN HIM AND THE FIRST TENANT, THERE WAS NO PROHIBITION ON SUB-LETTING,+ MISS TAM SAID.
UNDER ANOTHER AMENDMENT, WHERE A SUB-TENANT BECOMES A TENANT WITHOUT BREACHING THE CONTRACTUAL TENANCY, AND HE IN TURN SUB-LETS THE PREMISES WITHOUT WRITTEN PERMISSION FROM THE LANDLORD, HE WILL BE COMMITTING A BREACH OF A CONDITION OF THE TENANCY WHICH WILL THEN BE FORFEITED.
/-RESO