311215-1941-Supplementary-Draft-Bills--Rents — Page 6

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15. The Prevention of Eviction Consolidation and Amend- ment Ordinance, 1939, and the Prevention of Passing on of War Property Tax, 1940, are repealed.

Repeal of

Ordinance

No- 44 of

1939 and No. 19 of 1940.

SCHEDULE.

SCALE OF FEES FOR ASSESSORS

[Sec. 6 (2).]

CERTIFICATE.

1. The fee for the Assessors Certificate shall be the monthly rental at which the premises were last let.

2. In the case of premises which have never been let at a rent the fee shall be at the discretion of the Assessor.

3. The maximum fee to be charged shall be $500.

Objects and Reasons.

1. The Prevention of Eviction Ordinance, 1938, afforded protection from eviction on certain grounds to those tenants of dwellings who were tenants on or prior to 3rd June, 1938. The Prevention of Eviction Consolidation and Amendment Ordinance, 1959, introduced further relief to such tenants regarding the fixing of rent by the court. The result of this legislation was very briefly that such tenants could not be evicted if they paid their rents regularly, did not use the premises for an illegal purpose and if eviction would have caused greater hardship to them than to the landlord. If the landlord tried to raise the rent the tenant could apply to the Court to fix a reasonable rent.

2. The housing shortage since 1938 has not materially decreased and consequently a large body of tenants, i.e., who became tenants after 3rd June, 1938, have no protection under the Ordinance. It is proposed by the present Bill to give all tenants of premises, whether domestic or otherwise, and irrespective of the date they became tenants a measure of protection similar to that enjoyed by those tenants under the 1938 and 1939 Ordinances.

3. A Table of Correspondence is attached showing the derivation of the different clauses of the Bill. The date which is taken as the date on which all rents are fixed is the 1st July, 1941. It will be noticed that the landlords right of possession is restricted his right to raise rent is also restricted and he must, in the absence of agreement in the case of a new tenancy apply to the Court to fix the rent.

4. The tenant of a dwelling is given the right to apply to the Court to have the rent fixed. There need have been no demand for an increase of rent. This will afford relief to tenants of dwellings who have become tenants since 3rd June, 1938. It is not considered feasible to grant similar relief to the tenants of all premises.

C. G. ALABASTER,

Attorney General.

October, 1941.