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(ii) the number of people engaged in such uses but not dwelling on the premises;
(i) the furnishings, fittings and contents of the premises; and
(iv) the gross profits resulting from such uses relative to the rent or proportion thereof paid by the person making such profits;
(d) the use of premises as a boarding or fodging house is a
use otherwise than as a dwelling.
(4) Where a dispute arises as to whether a tenancy or sub. tenancy is domestic, the landlord, tenant, principal tenant or sub- tenant may, if primary user is relevant to the dispute, apply in the specified form to the Commissioner for his certificate as to the primary user of the premises.
(5) Where an application under subsection (4) is made to the Commissioner, he shall inspect the premises, and may-
(a) where he is satisfied on the evidence available as to the primary user, issue free of charge a certificate as to the primary user of the premises on the day of bis inspection: (b) where he is not so satisfied, decline to give a certificate.
(6) A certificate issued by the Commissioner under sub. section (5) shall be prima facie evidence of the facts set out therein and of the primary user of the premises on the day on which they were inspected.
(7) A landlord, tenant, principal tenant or sub-tenant may apply to the court-
(a) for a review of a certificate of the Commissioner:
(b) for a determination where the Commissioner has declined
to issue his certificate; or
(c) generally for a determination as to whether the tenancy
or sub-tenancy is domestic.
(8) The court, on the hearing of an application under sub- section (7), may-
(a) affirm the certificate of the Commissioner or substitute
therefor its own determination; or
(b) in the case of an application under paragraph (b) or (c) of subsection (7), make a determination as to whether the tenancy or sub-tenancy is domestic.
T
PART II.
CONTINUATION AND TERMINATION OF TENANCIES.
6. (1) Save as is provided in section 7 no tenancy or sub- tenancy existing at the date of commencement of this Ordinance shall terminate during the continuance in force of this Ordinance.
(2) Save as is provided in subsection (3) of section 3 a tenancy or sub-tenancy shall not by virtue of this Ordinance cod- tinue in existence after any change in the identity of the landlord, tenant, principal tenant or sub-tenant which would terminate such lenancy or sub-tenancy in law; but for the purposes of this Ordin- ance a tenancy or sub-tenancy shall be deemed to continue in existence notwithstanding any change in the rent payable.
(3) In every tenancy and sub-tenancy there shall, in the absence of any express covenant or condition, be implied a cove- nant to pay rent on the duc date and a condition for forfeiture for
n-payment within fifteen days of such date.
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(4) Notwithstanding the expiration of this Ordinance under section 24 this section together with section 7 shall continue to apply to any tenancy or sub-tenancy the rent of which is increased including any increase by agreement taking place before the date of such expiration, for a period of two years from the date of such increase.
7. (1) A tenancy or sub-tenancy shall terminate where- (a) vacant possession is delivered up;
(b) the landlord or principal tenant determines the tenancy or sub-tenancy by way of forfeiture for failure to pay rent or for the breach of any other covenant or condition which, but for the enactment of this Ordinance. would have been a cause of forfeiture:
(c) a notice to quit given under subsection (2) or (4) or an
order made under subsection (7) takes effect;
(d) the tenancy out of which the sub-tenancy was created is
itself terminated :
Provided that upon such termination this Ordinance shall apply to any tenancy thereupon arising by operation. of law:
(e) a notice to quit takes effect where it has been served by the landlord in order to comply with a contract made before the 30th day of January 1970 under which the
Continuation
of tenancies.
Termination
of tepancies.
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