Gent of certificates and review.
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(4) Save where a tenant serves a notice of objection under sub- section (2) but subject to subsection (3), the increase in rent specified in a provisional certificate or ordered by the Court shall take effect three months from the date of the application under section 9 but not earlier than the 1st day of July, 1963, and notice of such date when the increase in rent takes effect shall, ragard being paid to section 7, be endorsed thereon:
Provided that nothing in this section shall affect any defence or remedy available to the tenant but for the enactment of this Ordinance.
IL (1) On receipt of the comments of the tenant under subsection (2) of section 9 or after one month from the receipt of an application under paragraph (a) of subsection (1) of that section, whichever is the sooner, the Commissioner may-
(a) if satisfied that an increase in rent would be fair and reasonable in the circumstances of the tenancy, serve on the landlord and on the tenant certificates in the prescribed form specifying a fair increase, which shall not exceed ten per cent of the existing
Tent: of
(b) if not satisfied that an increase in rent would be fair and reasonable in the circumstances of the tenancy, serve on the landlord and on the teram certificates in the prescribed form to that effect,
and he may endorse on the certificates such comments as he may think proper relating to such application.
(2) On receipt of an application under paragraph (b) of subsection (1) of section 9. the Commissioner may-
(a) if satisfied that an increase of only ten per cent would be wholly unreasonable in the circumstances, serve on the land- lord and on the tenant certificates in the prescribed form specifying what he considers to be a fair increase; or
(b) if he is not so satisfied the Commissioner shall consult two members of the panel and if one of them concurs he shall serve on the landlord notice of his refusal to issue the certificate applied for, and may at the same time serve certificates under subsection (1).
(3) In the event of the two members of the panel consulted under subsection (2) disagreeing with the Commissioner he may-
(a) accept the views of the two members and serve certificates of
increase under subsection (2); or
(b) serve on the landlord a certificate setting out the views of the panel members and the fact that in his opinion an increase
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limited to ten per cent of the existing rent would not be wholly unreasonable.
(4) Within fourteen days of the service of a certificate under sub- section (1) a landlord or tenant may apply by notice in the prescribed form to the Commissioner for a review of such certificate. On receipt of such an application the Commissioner shall upon payment of the reviewing fee by the applicant, review the original application under section 9 and for such purpose may consult with one or more members of the panel. Having reviewed such application the Commissioner shall serve on the landlord and on the tenant further certificates confirming the refusal to award any increase or confirming or varying the increase in rent specified in the earlier certificates or setting aside such increase, and such certificates shall state that they are in substitution for the earlier certificates,
(5) The increase in rent specified in a certificate issued under sub- section (1) or (4) shall take effect three months from the date of the application under section 9 but not earlier than the 1st day of July, 1963. The date on which the increase is to take effect shall, regard being paid to section 7. be endorsed on the certificate.
12. (1) A landlord may appeal to a District Court against the Appeal to amount of the increase in rent specified in a certificate served on him District
Court by under subsection (4) of section 11 or the refusal in such certificate to landlord. award any increase. The tenant shall be made the respondent in the appeal.
(2) A certificate issued by the Commissioner under subsection (4) of section 11 shall be prima facie evidence of the facts set out therein and that the increase specified there is fair and reasonable in the circumstances of the tenancy, or that no increase is justified, as the case may be.
(3) The District Court may-
(a) confirm the certificate, and any increase in rent specified therein shall take effect as provided in subsection (5) of section 11: or (b) order an increase in rent, not exceeding ten per cent of the existing rent, and such increase shall take effect three months from the date of the application under section 9, but not earlier than the Ist day of July, 1963.
Court for
13. (1) Where a certificate is served on a landlord under sub- Application section (2) or (3) of section. I be may apply to the District Court for to District an order for an increase in rent. The tenant and sub-tenants shall be increase of made respondents in such application,
(2) A certificate issued by the Commissioner under subsection (2) or (3) of section 11 shall be prima facie evidence of the facts set out
rent in excEES of ten per cent.
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