1964_LANDLORD_AND_TENANT_(CONSOLIDATION)_ORDINANCE — Page 13

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CAP. 7]

Landlord and Tenant (Consolidation)

[1988 Ed.

(3A) Upon the making of an order under subsection (2) the tenant of any such premises shall be deemed to be holding at the rent payable immediately before the making of the order and shall be entitled to such notice to quit as would have been required under the original contract of tenancy or, if such notice has already been given and has expired, then to 1 month's notice expiring at the end of the calendar month next after the month in which such order was made:

Provided that in the event of any notice having been given prior to such order being made nothing herein contained shall entitle a landlord to recover possession prior to the expiration of such notice. (Added 29 of 1983 s. 3)

(4) Any landlord or tenant desiring to obtain an order of the Tribunal under subsection (2) shall serve notice thereof on his immediate tenant or landlord as the case may be in the prescribed form and shall also post such notice in a conspicuous place at the entrance to the premises to which the application relates. Such service and posting shall be verified by affidavit in the prescribed form which shall be lodged in the registry of the Tribunal. ( Amended 30 of 1955 s. 5; 56 of 1961 s. 2; 40 of 1968 s. 3; 76 of 1981 s. 4)

(5) Any party other than the person served under subsection (4) who opposes the application shall within 14 days of such notice having been posted as aforesaid give notice in writing to the registrar of the Tribunal in the prescribed form stating his interest in the matter and whether he wishes to make written representations to the Tribunal or whether he wishes to appear by himself or by his advocate on the hearing of the application. (Amended 76 of 1981 s. 4)

(6) (Repealed 76 of 1981 s. 4)

(7) (a) After hearing the parties and considering such representations as it thinks fit, the Tribunal may make an order in terms of subsection (2), either absolutely or subject to such conditions as it thinks fit (including a condition requiring payment of compensation by the landlord to any tenant). (Replaced 76 of 1981 s. 4)

(b) For the purposes of any review under section 11A of the Lands Tribunal Ordinance (Cap. 17), the time limit mentioned in that section shall not apply to a decision, other than in relation to the payment of compensation, under paragraph (a). (Added 29 of 1983 s. 3)

(8) (a) Notwithstanding the provisions of section 15, a landlord who has made an application under this section may enter into an agreement with any tenant who in accordance with the provisions of subsection (5) opposes the landlord's application whereby the tenant agrees to withdraw his opposition to such application subject to such terms as may be agreed between the landlord and the tenant:

Provided that--

(i) no such agreement shall contain any term whereby the tenant agrees to quit his premises before an order excluding the said premises from the further application of this Part has been made; (ii) if no order excluding the said premises from the further applica-

tion of this Part is made, the agreement shall be null and void;