5
Restriction
on recovery
and affect of retention of possession.
5. (1) No order against a tenant for the recovery of of possession possession of or for ejectnient from any premises to which this Ordinance applies shall be made otherwise than under the provisions of this Ordinance or under the provisions of any Ordinance empowering any Court or Magistrate to make an order terminating the tenancy of any premises or for the closure of or ejection of the tenant from, any premises, by reason of the use thereof for immoral or illegal purposes or of the dangerous, insanitary or over-crowded state thereof, or with respect to which any offence has been committed.
Farmittod
adjustments.
(2) Any tenant who before the coming into force of this Ordinance has retained possession of any premises by virtue of any enactment repealed by this Ordinance and who is on the coming into force of this Ordinance in possession of premises to which this Ordinance applies and any tenant who shall retain possession by virtue of the provisions of this Ordinance shall so long as he retains possession observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, so far as the same are consistent with the provisions of this Ordinance, and shall be entitled to give up possession only on giving such notice as would have been required under the original contract of tenancy, or, if no notice would have been so required on giving not less than one month's notice: Provided that notwithstand- ing anything in the contract of tenancy a landlord who obtains an order for the recovery of possession from or the eviction of any tenant retaining possession as aforesaid shall not be required to give any notice to quit to the tenant.
(3) Sub-section (1) of this section shall not apply to
(a) proceedings by a person claiming under a title adverse and superior to that under which the original tenancy, by virtue of which the tenant became entitled to retain possession, was derived; or
(b) proceedings against 1L derivative landlord provided always that no order or judgment against a derivative landlord for the recovery of possession or ojectment therefrom shall affect the right of any sub- tenant to whom the premises or any part thereof shall have been lawfully sub-let before proceedings for recovery of possession or ejectment were commenced to retain possession under this section or be in any way operative against any such sub-tenant.
6. (1) In the case of domestic premises there shall be increases and payable and recoverable by way of rent in addition to the standard rent thereof an amount equivalent to thirty per cent. of such standard rent and in the case of business premises there shall be recoverable by way of rent in addition to the standard rent thereof an amount equivalent to forty five per cent. of Auch standard rent: Provided that no such addition shall become dus or recoverable until or in respect of any period prior to the expiry of one clear month after the landlord has served upon the tenant a valid notice in writing that payment of such additional amount will be required.
(2) Where as part of the tenancy agreement furniture is provided for the use of the tenant the landlord shall be entitled to make such a charge for the use of such furniture (whether expressed by way of rent or otherwise), as, having regard to the value of the same to the tenant, is reasonable.
Provided that no such charge shall be recoverable until the landlord has specified by notice in writing to the tenant the consideration (whether by way of rent or otherwise) which he attributes to such furniture.
(3) In case a landlord of any premises shall expend the sum of $1,000 or upwards on additions or improvemente thereto by which in the opinion of a Tribunal the rateable value thereof shall be increased the Tribunal may on applica- tion by the landlord for such purpose order that the rent of such tenement shall be increased beyond the standard rent by an annual sum equal to eight per cent. on the amount so expended by the landlord on such additions or improvements.
(4) If a Tribunal is satisfied on the application of a landlord or tenant of premises other than dependent domestic premises that the services and facilities which the landlord is liable to provide under the tenancy agreement differ from those which the landlord was liable to provide under the tenancy agreement by reference to which the standard rent was ascertained, it may adjust the standard rent accordingly and upon such adjustment the rent substituted by the Tribunal shall be and become the standard rent for the purposes of this Ordinance but without prejudice to further adjustment under this sub-section or under other provisions of this Ordinance.
(6) Nothing in this Ordinance shall be taken to authorise any increase of rent in respect of a period prior to the Commencement of this Ordinance.
(6) If any notice served for the purposes of sub-section (1) of this section contains any statement or representation which is false or misleading in any material respect, the landlord shall be liable on summary conviction to a fine not exceeding one thousand dollars unless he proves that the statement was made innocently and without intent to deceive.
(7) Where the notice of an increase of rent which at the time was valid has been served on any tenant, the increase may be continued without service of any fresh notice on any subsequent tenant.
Postpaus manuf
7. If the tenant of any premises has since the 16th August, 1946, with the consent of the landlord of such premises
perrillað effected repairs thereto which were necessary to render the incipa said premises reasonably habitable and the sum expended by d
whore rapuins such tenant has amounted to the equivalent of not less than event, the standard rent of such premises for a period of six months, the additional amount mentioned in sub-section (1) of section 6 shall not commence to accrue or become payable or recoverable until such time as the amount thereof would, but for this provision, have been equal to one-half of the amount expended by the tenant on such repairs.
8. (1) Every person who after the commencement of this Ordinance-
(a) demands or receives more than the standard rent for any premises, together with such addition or increase as may be permitted by or under the provisions of this Ordinance or such addition or increase as may from time to time have been or be sanctioned by a Tenancy Tribunal, or
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