A446
Amendment of section 54.
Amendment of section 55.
Amendment of section 55A.
Amendment of section 59.
Repeal and
section 60.
replacement of
Repeal and replacement of section 62.
Amendment of section 63A.
Ord. No. 76/81 LANDLORD AND TENANT (CONSOLIDATION)
(AMENDMENT) (NO. 2)
38. Section 54 of the principal Ordinance is amended by del subsection (3) and substituting the following subsection—
"(3) A landlord shall not be entitled to maintain an action to recover rent stated in the notice mentioned in subsection (2) unless the notice is endorsed by the Commissioner under that subsection.".
39. Section 55 of the principal Ordinance is amended by deleting sub- section (3) and substituting the following subsection--
"(3) A landlord shall not be entitled to maintain an action to recover rent at the increased rate stated in the notice mentioned in subsection (2) unless the notice is endorsed by the Commissioner under that subsection.".
40. Section 55A(8) of the principal Ordinance is amended by deleting "court" in both places where it appears and substituting the following—
"Tribunal".
41. Section 59 of the principal Ordinance is amended—
(a) by deleting subsection (2) and substituting the following
subsection-
"(2) On receipt of an application under subsection (1), the Commissioner shall review his certificate issued under section 58 and, after giving both parties the opportunity of making written submissions, he may affirm the certificate or cancel it and issue a new certificate under that section."; (b) by deleting subsection (4) and substituting the following
subsection-
"(4) The Commissioner may, at the time of any review under subsection (2), determine the date from which any increase in rent shall take effect."; and
(c) by deleting subsections (5), (6), (7) and (8).
42. Section 60 of the principal Ordinance is repealed and replaced by the following section-
"Appeal.
60. Any person aggrieved by a decision of the Commis- sioner under section 59 may, within 1 month of the decision, appeal to the Tribunal which may make such order thereon as it thinks fit.".
43. Section 62 of the principal Ordinance is repealed and replaced by the following section-
**Increases
on rents of sub-tenancies.
62. Sections 54, 55, 57, 58, 59, 60 and 61 shall apply to
a sub-tenancy and any references therein to landlord and tenant shall be construed, for this purpose, as references to principal tenant and sub-tenant respectively.".
44. Section 63A of the principal Ordinance is amended- (a) in subsection (2), by deleting "court" and substituting the follow-
ing-
"Commissioner on an application in the specified form";
(b) in subsection (3), by deleting "court" and substituting the
following-
"Commissioner";
LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) (NO. 2)
Ord. No. 76/81
A447
(c) in subsection (4), by deleting "court" and substituting the
following-
"Commissioner"; and
(d) by inserting, immediately after subsection (5), the following
subsection-
"(6) Any person aggrieved by the determination of the Commissioner under subsection (2) may, within 1 month of the determination, appeal to the Tribunal which may make such order thereon as it thinks fit.".
section 64.
45. Section 64 of the principal Ordinance is amended by deleting Amendment of "court" from where it appears in subsection (1) and from where it appears in the first two places in subsection (5) and substituting the following-
"Tribunal".
46. Section 68 of the principal Ordinance is amended- (a) in the marginal note, by deleting "District Court" and substituting
the following-
"court or Tribunal";
(b) in subsection (1)-
(i) by deleting "nor any member of a tribunal appointed under section 59(2)" and "or member"; and
(ii) by inserting, after "court", the following-
"or the Tribunal";
(c) in subsection (1A), by deleting "on an appeal to the court under
section 60" and substituting the following--
"under sections 51(8), 53, 53A and 60";
(d) in subsection (2), by deleting “, 62(1)";
(e) by deleting subsections (3), (4) and (5); and
(f) in subsection (7), by deleting "of the court" and substituting the
following-
other than a conviction, of the court or the Tribunal".
47. Section 68A of the principal Ordinance is amended-
(a) in subsection (1)—
(i) by inserting, after "order" where it appears for the first time, the following-
"other than a conviction"; and
(ii) by inserting, after "court" in the two places where it appears, the following—
"or the Tribunal"; and
(b) by deleting subsection (2) and substituting the following sub-
section-
(Cap. 4.)
(Cap. 17.)
"(2) An appeal under this section shall be-
(a) in the case of an appeal from the court, subject to any rules made under the Supreme Court Ordinance; and (b) in the case of an appeal from the Tribunal, subject to the provisions of, and any rules made under, the Lands Tribunal Ordinance.".
Amendment of section 68.
Amendment of section 68A.
No comments yet.
Private notes are available after approval.