1988 Ed.]
Landlord and Tenant (Consolidation)
[CAP. 7
27
(2) For the purposes of this section, "necessary repairs" means any repairs which the tenant would be required to perform were he under covenant with the landlord to keep the premises in a tenantable state of repair.
(3) The Tribunal on the application of a tenant or a landlord may--- (a) determine any dispute or difference between a tenant and a landlord as
to the construction and application of this section;
(b) decide whether any repairs which the landlord proposes to execute are
necessary repairs;
(c) order a tenant for such period as to the Tribunal may appear reasonable to vacate the premises the subject of the tenancy or part thereof to facilitate the execution of necessary repairs, and in its discretion grant any extension of such period;
(d) order the ejectment of a tenant who, in the opinion of the Tribunal, has unreasonably refused to allow the landlord to enter the premises the subject of the tenancy or any part thereof for the purpose of effecting any necessary repairs or in order to ascertain whether there are necessary repairs to be effected;
(e) order the tenant to suffer the landlord and his servants and agents to enter upon the premises the subject of the tenancy or part thereof for the purpose of executing all necessary repairs, or in order to ascertain whether there are any necessary repairs to be effected, and give any direction which may appear to it to be desirable with regard to the manner and times in which and at which the repairs are to be effected;
(f) order that in respect of any period during which the premises the subject of the tenancy have been reasonably vacated by the tenant to facilitate the execution of necessary repairs, the permitted rent shall abate by such proportion as the period during which the tenant has so vacated the premises bears to the concurrent period or periods in respect of which rent is payable; or
(g) order restoration of possession to a tenant entitled to such possession
by virtue of subsection (4).
(4) A tenant who in order to facilitate the execution of necessary repairs vacates the premises the subject of the tenancy or part thereof whether of his own volition or at the request of the landlord or pursuant to an order of the Tribunal shall not be deemed to have lost possession thereof unless the Tribunal has ordered his ejectment under subsection (3)(d), and shall be entitled to have possession restored to him (as soon as conveniently may be after the repairs have been effected), and the Tribunal is hereby empowered upon application by the tenant to make an order that possession be restored to the tenant.
(Added 22 of 1953 s. 7. Amended 76 of 1981 s. 14)
25-27. (Repealed 76 of 1981 s. 15)
Commissioner may approve contracting out in certain circumstances
28. (1) A landlord and a tenant or prospective tenant of any premises to which this Part applies may make a joint application to the Commissioner for
1988 Ed.]
Landlord and Tenant (Consolidation)
[CAP. 7
27
(2) For the purposes of this section, "necessary repairs" means any repairs which the tenant would be required to perform were he under covenant with the landlord to keep the premises in a tenantable state of repair.
(3) The Tribunal on the application of a tenant or a landlord may--- (a) determine any dispute or difference between a tenant and a landlord as
to the construction and application of this section;
(b) decide whether any repairs which the landlord proposes to execute are
necessary repairs;
(c) order a tenant for such period as to the Tribunal may appear reasonable to vacate the premises the subject of the tenancy or part thereof to facilitate the execution of necessary repairs, and in its discretion grant any extension of such period;
(đ) order the ejectment of a tenant who, in the opinion of the Tribunal, has unreasonably refused to allow the landlord to enter the premises the subject of the tenancy or any part thereof for the purpose of effecting any necessary repairs or in order to ascertain whether there are necessary repairs to be effected;
(e) order the tenant to suffer the landlord and his servants and agents to enter upon the premises the subject of the tenancy or part thereof for the purpose of executing all necessary repairs, or in order to ascertain whether there are any necessary repairs to be effected, and give any direction which may appear to it to be desirable with regard to the manner and times in which and at which the repairs are to be effected;
(ƒ) order that in respect of any period during which the premises the subject of the tenancy have been reasonably vacated by the tenant to facilitate the execution of necessary repairs, the permitted rent shall abate by such proportion as the period during which the tenant has so vacated the premises bears to the concurrent period or periods in respect of which rent is payable; or
(g) order restoration of possession to a tenant entitled to such possession
by virtue of subsection (4).
(4) A tenant who in order to facilitate the execution of necessary repairs vacates the premises the subject of the tenancy or part thereof whether of his own volition or at the request of the landlord or pursuant to an order of the Tribunal shall not be deemed to have lost possession thereof unless the Tribunal has ordered his ejectment under subsection (3)(d), and shall be entitled to have possession restored to him (as soon as conveniently may be after the repairs have been effected), and the Tribunal is hereby empowered upon application by the tenant to make an order that possession be restored to the tenant.
(Added 22 of 1953 s. 7. Amended 76 of 1981 s. 14)
25-27. (Repealed 76 of 1981 s. 15)
Commissioner may approve contracting out in certain circumstances
28. (1) A landlord and a tenant or prospective tenant of any premises to which this Part applies may make a joint application to the Commissioner for
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