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(e) "Landlord' includes any person, other than the Crown, who is from time to time entitled to receive rent in respect of any premises and in relation to a particular tenant means the person entitled to receive rent from such tenant.
(f) "Lense" or "tenancy agreement" includes every agreement for the letting of any premises, whether oral or in writing.
(g) "Let" includes sub-let and "betting" includes sub-letting.
() "Order" includes any judgment or decret of the Court or the order of any Tribunal.
(2) "Premises" means the subject matter of any lenancy.
6) "Principal tenant" means a tenent of premises other than a Crown lessee, who has or shall sub-let any part or parts thereof as a separate holding or holdings but shall not include a tenant, hereinafter referred to as a "derivative landlord", who has or shall sub-let the whole of such premises as one holding.
(4)
Standard rent" with respect to any premises other than dependent domestic premises means--
(i) if the premises were actually let unfurnished on the 25th December, 1941, the rate of rent which was recoverable from the sitting tenant; and
(ii) if the premises were not actually let on the 25th December, 1941, or were then let furnished, but had been let unfurnished on some previous date, the rate of rent which was recoverable from the sitting tenant on the last occasion before the 25th December, 1941, on which the premises were actually let unfurnished; and
(iii) if the premises were not let unfurnished until after the 25th December, 1941, then such rate of rent as may be fixed by a Tribunal under the provisions of section 17 of this Ordinance having regard to what would have coustituted a fair rent for the premises if let unfurnished immediately before the 1st December, 1941;
and in respect of any dependent domestic premises means that proportion of the rent of the whole of the premises let to a Principal Tenant at the rate prescribed in sub-paragraphs (i), (ii) and (iii) of this definition, as the case may be, as is fairly attributable to such dependent domestic premises with an addition thereto of twenty per cent.
(2) "Tenancy" includes a sub-tenancy and "tenant"' includes a sub-tenant.
(m) Tenancy Tribunal" or "Tribunal" means А Tenancy Tribunal constituted under the provisions of Proclamation No. 15 made on the 22nd October, 1945, or any enactment amending or substituted therefor or under this Ordinance.
(n) **Tenant' does not include a Crown lessee but includes a sub-tenant.
(i) a person who before the coming into force of this Ordinance has retained possession of premises by virtue of any enactment repealed by this Ordinance and who on the coming into force of this Ordinance is in possession of premises, to which this Ordinance applies;
(ii) a person who shall retain possession of any premises by virtue of the provisions of this Ordinance;
(iii) the widow of a tenant, residing with the tenant at the time of his death or where the tenant leaves no widow or is a woman, the children or dependent members of the tenant's family residing with him or her at the time of the tenant's death.
3. (1) This Ordinance shall apply to every premises Application except-
(a) any entirely new building in respect of which the written permit of the Building Authority to occupy the same shall have been granted under the provisions of section 116 of the Buildings Ordinance, 1935, after the 18th August, 1946; or
(b) any premises which after the 16th August, 1945, have remained continuously untenanted which after the coming into force of this Ordinance have been rendered habitable by extensive repairs effected at the expense of the landlord.
For the purpose of this paragraph the expression "exten- sive repairs" means repairs wholly necessary for rendering the premises reasonably habitable and in respect of which expense incurred amounts to not less than the equivalent to the standard rent of the premises for 7 years; or
(c) any business premises which may after the 1st February, 1947, be let for a term of not less than seven years;
or
(d) any particular portion of any hotel or boarding- house which is let furnished by the keeper of such hotel or boarding-house to a guest of such hotel or boarding-house;
or
(e) any premises for the time being vested in or in the custody of the Custodian of Property or the Custodian of Enemy Property; or
(f) any lease from or tenancy under the Crown
(2) In the event of any doubt or dispute as to whether any premises are excepted from the application of this Ordinance by any of the provisions of sub-section (1) of this section, the same may be determined by a Tribunal on the application of a landlord or tenant.
(3) Where immediately before the commencement of this Ordinance a tenant of premises to which this Ordinance does not apply was entitled to protection against eviction by reason of an enactment repealed by this Ordinance, he shall be deemed to be holding at the rent payable immediately before the commencement of this Ordinance and shall be entitled to such notice to quit as would have been required under the original contract of tenancy or if such notice had already been given and had expired at or before the commence- ment of this Ordinance, then to one month's notice.
4. Save as in this Ordinance provided no rent shall be recoverable in respect of any premises to which this Ordinance applies in excess of the standard rent thereof notwithstanding any agreement to the contrary whensoever made and whether oral or in writing.
of Ordinanca.
Ordianoce 1836.
No. 18 of
No rent in excess of the rat save
athorised
standard
by Ordin
ADCA
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