CAP. 255]
[8. 8 cont.]
Recovery of excessive payments by civil action.
Offence of protected tenant demanding
Landlord and Tenant.
(d) where the purchase or hire of any furniture, fittings, fixtures or other articles is required by him as a condition for the grant, renewal or continuance of any tenancy, demands or receives any price or consideration for such purchase or hire in excess of a reasonable price or consideration therefor, shall be guilty of an offence and shall upon summary conviction be liable to a fine of two thousand dollars.
(2) Upon the hearing of any summons issued under the provisions of this section, it shall be lawful for a magistrate, whether the defendant is convicted or not, and in addition to imposing a fine if the defendant is convicted, to order the defendant to pay to the tenant-
(a) any sum received in excess of the rent lawfully recoverable; or
(b) the amount or value of the consideration mentioned in paragraph (b) or (c) of subsection (1); or
(c) the amount by which the price or consideration for such purchase or hire as is mentioned in paragraph (d) of subsection (1) exceeds a reasonable price or consideration therefor; and
(d) if the defendant is a principal tenant, to order his ejectment.
(3) Nothing in this section contained shall prejudice the right of any person to recover by civil action any such sums as a magistrate may order to be paid under the provisions of subsection (2).
9. The person by whom any payment has been made or consideration has been given the demanding or receiving of which is made an offence under the provisions of section 8 may recover the amount or value thereof by action in the court: Provided always that any action for such recovery shall be commenced within six months after the making of such payment or giving of such consideration.
10. (1) If a tenant to whom subsection (2) of section 5 applies, demands or receives the payment of any fine or premium, etc. premium or any other consideration for giving up possession of such premises to the landlord or to any other person with or without the knowledge or approval of the landlord, such tenant shall be guilty of an offence and shall be liable on summary conviction to a fine of two thousand dollars.
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CAP. 255]
[8. 8 cont.]
Recovery of excessive payments by civil action.
Offence of protected tenant demanding
Landlord and Tenant.
(d) where the purchase or hire of any furniture, fittings, fixtures or other articles is required by him as a condition for the grant, renewal or continuance of any tenancy, demands or receives any price or consideration for such purchase or hire in excess of a reasonable price or consideration therefor, shall be guilty of an offence and shall upon summary con- viction be liable to a fine of two thousand dollars.
(2) Upon the hearing of any summons issued under the provisions of this section, if shall be lawful for a magistrate, whether the defendant is convicted or not, and in addition to imposing a fine if the defendant is convicted, to order the defendant to pay to the tenant-
(a) any sum received in excess of the rent lawfully
recoverable; or
(b) the amount or value of the consideration mentioned
in paragraph (b) or (c) of subsection (1); or (c) the amount by which the price or consideration for such purchase or hire as is mentioned in paragraph (d) of subsection (1) exceeds a reasonable price or consideration therefor; and
(d) if the defendant is a principal tenant, to order his
ejectment.
(3) Nothing in this section contained shall prejudice the right of any person to recover by civil action any such sums as a magistrate may order to be paid under the provisions of subsection (2).
9. The person by whom any payment has been made or consideration has been given the demanding or receiving of which is made an offence under the provisions of section 8 may recover the amount or value thereof by action in the court: Provided always that any action for such recovery shall be commenced within six months after the making of such payment or giving of such consideration.
10. (1) If a tenant to whom subsection (2) of section 5 applies, demands or receives the payment of any fine or premium, etc. premium or any other consideration for giving up possession of such premises to the landlord or to any other person with or without the knowledge or approval of the landlord, such tenant shall be guilty of an offence and shall be liable on summary
conviction to a fine of two thousand dollars. For
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