A452
Ord. No. 76/81
Order by Tribunal for grant of a
new tenancy.
1954 c. 56, s. 29.
Opposition by landlord to application for new tenancy, 1954 c. 56. s. 30.
LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) (NO. 2)
Application to Tribunal for new tenancy
119D. (1) Subject to section 119G, on an application under section 117(1) the Tribunal shall make an order for the grant of a new tenancy.
(2) Where an application under section 117(1) is made in consequence of a notice given by the landlord under section 119, the application shall not be entertained unless the tenant has notified the landlord in accordance with that notice that he will not be willing at the date of termination to give up possession of the premises comprised in the tenancy.
(3) (a) No application under section 117(1) shall be
entertained if it is made-
(i) less than 2 months after, either, the giving of the landlord's notice under section 119 or, as the case may be, the making of the tenant's request for a new tenancy under section 119A; or
(ii) more than 2 months after the giving of a notice in the specified form by the landlord to the tenant requiring the tenant to make such an applica- tion; or
(iii) after the current tenancy has terminated in accordance with this Part.
(b) A landlord shall not be entitled to give the notice mentioned in sub-paragraph (ii) of paragraph (a) before the expiry of the period of 2 months men- tioned in sub-paragraph (i) of that paragraph. 119E. (1) The grounds on which a landlord may oppose an application under section 117(1) are such of the following grounds as may be stated in the landlord's notice under section 119, or, as the case may be, the notice under section 119A(6)—
(a) any rent lawfully due from the tenant has not been paid or, where any covenant or condition of the tenancy has been broken or not performed, such breach or non-performance is, under the current tenancy, a cause of forfeiture;
(b) the premises are reasonably required by the landlord for occupation as a residence for himself, his father, his mother or any son or daughter of his over the age of 18:
Provided that the Tribunal shall not refuse to grant a new tenancy by reason only of this ground if-
(i) in the case of a tenancy, the tenant satisfies the Tribunal that in all the circumstances of the case, it would manifestly not be just and equitable to refuse to grant a new tenancy; or
(ii) in the case of a sub-tenancy, the Tribunal is satisfied, in all the circumstances of the case, includ- ing the question whether other accommodation is available for the principal tenant or the sub-tenant, greater hardship would be caused by refusing to grant a new tenancy than by granting one;
LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) (NO. 2)
Additional provisions regarding opposition on ground of intention to rebuild.
Ord. No. 76/81
A453
(c) the landlord intends to rebuild the premises; (d) the tenant has caused unnecessary annoyance, in- convenience or disturbance to the landlord or to any other person:
Provided that no ground shall be established under this paragraph unless the Tribunal is satisfied that the annoyance, inconvenience or disturbance had continued after a warning in writing had been served by the landlord on the tenant causing the same;
(e) the tenant has used, or has suffered or permitted the use of, the premises of which he is the tenant or any part thereof, for an immoral or illegal purpose.
(2) The landlord shall not be entitled to oppose an application on the ground specified in paragraph (b) of sub- section (1) if the interest of the landlord, or an interest which has merged in that interest and but for the merger would be the interest of the landlord, was acquired after the beginning of the period of 12 months which ends with the termination of the current tenancy, and at all times since the acquisition thereof the premises have been comprised in a tenancy or successive tenancies of the description specified in section 116(1).
(3) For the purpose of subsection (1)(d), a tenant who persistently fails to pay rent as and when it falls due may be regarded as causing unnecessary inconvenience to the landlord.
119F. (1) The Tribunal shall not decline to make an order for the grant of a new tenancy on the ground men- tioned in paragraph (c) of section 119Ë(1) unless, in addition, the landlord establishes that-
(a) the rebuilding will result in an increase in the number of dwellings or in accommodation for domestic use or in accommodation for other than domestic use; and, if for other than domestic use, the site of the premises is suitable for the intended use; or
(b) the rebuilding is in the public interest; or
(c) the expenditure required to restore or repair the
premises would not be economically reasonable, and, where the approval or authority of any person is required in respect of the rebuilding, the Tribunal may-
(i) state that the landlord has established the ground mentioned in paragraph (c) of section 119E(1) and one of the matters mentioned in paragraphs (a), (b) and (c) of this subsection;
(ii) postpone the hearing of the application to enable the landlord to apply for that approval or authority; and
(iii) if that approval or authority is obtained, but not otherwise, decline to make an order for the grant of a new tenancy.
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