XN000022-1980-02-13 — Page 3

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WEDNESDAY, FEBRUARY 13, 1980

RENT CONTROL BILL BECOMES LAW

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THE LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) BILL 1980 WHICH SEEKS TO EXTEND RENT CONTROL TO ALL DOMESTIC PREMISES WAS PASSED INTO LAW WITH SOME AMENDMENT IN THE LEGISLATIVE COUNCIL TODAY.

THE AMENDED LEGISLATION WILL TAKE EFFECT RETROSPECTIVELY FROM DECEMBER 18, 1979, AND THE CONTROLS WILL REMAIN IN FORCE FOR TWO YEARS UNTIL DECEMBER 18, 1981.

ONE OF THE AMENDMENTS WAS PROPOSED BY THE SECRETARY FOR HOUSING THE HON ALAN SCOTT TO PROVIDE THAT A LANDLORD SEEKING A POSSESSION ORDER WILL HAVE TO SHOW THAT HE HAS A REASONABLE CASE FOR REQUIRING THE PREMISES FOR HIMSELF OR HIS IMMEDIATE FAMILY. MOVING THE AMENDMENT AT THE COMMITTEE STAGE OF THE BILL, MR SCOTT SAID ONCE A LANDLORD HAS SHOWN A REASONABLE REQUIREMENT. IT WILL BE OPEN TO THE TENANT TO REPUDIATE THE LANDLORD'S CLAIM, BY SHOWING THAT A POSSESSION ORDER WOULD MANIFESTLY BE NOT JUST AND EQUITABLE IN ALL THE CIRCUMSTANCES.+

THE NEW PROVISION WOULD APPLY AS BETWEEN LANDLORDS AND TENANTS ONLY- THE EXISTING PROVISIONS INCLUDING THE REQUIREMENT TO SHOW +GREATER HARDSHIP+, WOULD CONTINUE TO APPLY AS BETWEEN PRINCIPAL TENANTS AND SUB-TENANTS.

MR SCOTT BELIEVED THAT THE AMENDMENT WENT AS FAR AS WAS REASONABLE AT THIS STAGE TO MEET THE GENUINE DIFFICULTIES FACED BY LANDLORDS WANTING POSSESSION, AND THAT THE PRACTICAL EFFECTS OF THIS CHANGE SHOULD BE STUDIED BEFORE CONSIDERING FURTHER CHANGE.

HE ALSO DISCLOSED THAT A COMMITTEE OF REVIEW OF THE LANDLORD AND TENANT LEGISLATION WOULD SHORTLY BE APPOINTED BY THE GOVERNOR. ITS MEMBERSHIP WILL INCLUDE BOTH UNOFFICIALS AND OFFICIALS.

THE COMMITTEE WILL INVITE WRITTEN SUBMISSIONS AS WELL AS ANY INDIVIDUAL OR GROUP FOR DISCUSSIONS WHETHER OR NOT THEY HAVE SUBMITTED WRITTEN REPRESENTATIONS.

IN ADDITION IT WILL BE ABLE TO REFER TO THE APPROPRIATE AUTHORITY FOR INFORMATION ON OTHER MATTERS - SUCH AS THE HOUSING AUTHORITY AND THE SPECIAL COMMITTEE ON LAND PRODUCTION.

MR SCOTT SAID THE WORK OF THE COMMITTEE SHOULD PROCEED EXPEDITIOUSLY BECAUSE IN GOOD TIME BEFORE THE EXPIRY OF THE AMENDED LEGISLATION IN TWO YEARS, WE MUST REACH THE POINT OF PUTTING A FRESH BILL BEFORE THIS COUNCIL FOR CONSIDERATION AND DEBATE, BECAUSE A REASONABLE PERIOD OF NOTICE MUST BE GIVEN TO ALL CONCERNED BEFORE BRINGING INTO EFFECT THE PROVISIONS OF NEW LEGISLATION.

+BEAR ING IN MIND THE COMPLEXITY OF THE PROBLEMS AND THE NEED FOR FULL PUBLIC CONSULTATION, WHICH WILL INCLUDE THE PUBLICATION OF THE COMMITTEE'S RECOMMENDATIONS TO ENABLE PUBLIC COMMENT AND DISCUSSION, HE HOPED THAT IT WOULD BE POSSIBLE TO HAVE THE NEW BILL BEFORE THE LEGISLATIVE COUNCIL DURING THE FIRST QUARTER OF NEXT YEAR.

/ON RESOURCES