Increases in rent by agreement.
Application
for increase in rent.
Grant of certificates and review..
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9. (1) Where an increase in rent is agreed between a land- lord and tenant, the landlord shall lodge a notice thereof in the specified form in triplicate with the Commissioner,
(2) Where a notice is lodged with the Commissioner under subsection (1), he shall make a note of the agreement concerning the increase in rent and shall endorse free of charge on two copies of the notice a statement to that effect and shall return one copy to the landlord and one copy to the tenant.
(3) Rent at the increased rate shall not be recoverable save where the landlord is in possession of a copy of a notice endorsed by the Commissioner under subsection (2).
(4) The security of leaure afforded to a tenant under sub- section (4) of section & shall apply where the rent of such tenant is increased by agreement notwithstanding the failure of the land- lord to lodge notice thereof under subsection (3).
10. (1) Subject to section [4, a landlord may apply for an increase in rent by sending a notice in the specified form in duplicate to the Commissioner.
(2) An application under subsection (1) shall specify the increase desired by the landlord.
(3) Upon receipt of an application under subsection (1) the Commissioner shall serve a copy thereof on the tenant.
(4) Within fourteen days of service on him of a notice under subsection (3) the tenant may send his comments thereon in writing to the Commissioner.
11, (1) Where a landlord applies for an increase in rent under section 10, the Commissioner, on receipt of the comuments of the tenant under subsection (4) of section 10 or after one month from the receipt of the application whichever is the sooner, may subject to section 13—
(a) if satisfied that an increase in rent would be reasonable in the circumstances of the tenancy, issue free of charge and serve on the landlord and on the tenant certificates in the specified form stating a fair increase which shall not exceed the increase specified in the application under section 10: or
(b) if not satisfied that an increase in rent would be reason- able in the circumstances of the tenancy, issue free of charge and serve on the landlord and on the tenanl certificates in the specified form to that effect.
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and he may endorse on the certificates such comments as be may think proper relating to such application.
(2) Where-
(a) a certificate under subsection (1) specifies an increase exccoding fifteen per cent of the existing rent, the land- ford or the tenant may within fourteen days of service on him of the certificate apply by notice in the specified form to the Commissioner for a review of the certifi- cate:
(b) a certificate under subsection (1) specifies an increase Dot exceeding fifteen per cent of the existing rent or refuses to award any increase in the existing rent, the landlord may within fourteen days of service on him of the certificate apply by notice in the specified form to the Commissioner for a review of the certificate.
(3) On receipt of an application under subsection (2) and upon payment of the reviewing fee by the applicant, the Com- missioner shall review the certificate and may for that purpose consult with one or more members of the panel.
(4) Having reviewed the certificate the Commissioner may- (a) confirm the refusal to award any increase; or
(6) confirm the increase in rent stated in the earlier certifi-
cate; or
(c) vary or set aside the increase in rent stated in the earlier
certificate:
Provided that no increase shall exceed that specified in the application under section 10: or
(d) if the earlier certificate refuses to award any increase. award such increase in rent as be considers fair in the circumstances of the tenancy:
Provided that no increase shall exceed that specified in the application under section 10,
and shall issue free of charge and serve on the landlord and on the tenant certificates specifying his decision; and the Commis- sioner shall endorse on such certificates a statement that they are in substitution for the earlier certificates and may include such comments as he may think proper relating to such application.
(5) The increase in rent stated in a certificate issued under subsection (1) or (4) shall take effect three months from the date
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