28
CAP. 7]
Landlord and Tenant (Consolidation)
[1988 Ed.
his approval under subsection (3) of the terms of any tenancy agreement into which they propose to enter.
(2) An application under subsection (1) shall be in the specified form in triplicate and shall be accompanied by a copy of the proposed agreement and such fee as may be determined by the Financial Secretary. (Amended 32 of 1985 s. 4)
(3) Notwithstanding anything contained in this Part, the Commissioner shall, if he is satisfied in relation to the proposed agreement (Amended 32 of 1985 s. 4)
(a) that the tenant or prospective tenant understands its effect;
(b) that the tenant or prospective tenant in assenting to enter into such an agreement has not been subject to any undue pressure or influence; and
(c) that no sub-tenants are prejudiced thereby,
approve the proposed agreement and endorse the application submitted to him under subsection (1) with a statement to that effect and serve a copy thereof on the landlord and on the tenant or prospective tenant.
(4) The Commissioner may make such inquiries as he thinks fit for the purposes of subsection (3) but nothing in subsection (3) or this subsection shall be construed as imposing on the Commissioner or any public officer any duty to inquire into or be satisfied as to the reasonableness or otherwise of the consideration specified in the agreement.
(5) Where the Commissioner approves the terms of a proposed agreement under subsection (3) the parties may execute a tenancy agreement in the terms so approved, notwithstanding anything in this Part.
(6) Where an agreement is executed under subsection (5)—
(a) the landlord shall lodge a copy thereof with the Commissioner within 28 days of its execution; and (Amended 40 of 1984 s. 9)
(b) the building or part thereof to which the agreement relates shall be excluded from the further application of this Part notwithstanding the termination or expiry of the agreement.
(Replaced 39 of 1979 s. 12)
(For savings and transitional provisions see Ord. No. 39 of 1979 s. 25(1) )
Commissioner may revise rent in certain cases
29. Subject to section 23, if the standard rent of any premises either-
(a) is a rent which was agreed upon in writing at some date before 1 July 1937; or
(b) is not higher than the rent recoverable from the tenant in actual occupation on 1 July 1937,
the landlord of such premises may apply to the Commissioner to fix, and the Commissioner may fix, such other rent as the Commissioner shall think fit as the standard rent to be paid in respect of such premises during the continuance of this Part:
28
CAP. 7]
Landlord and Tenant (Consolidation)
[1988 Ed.
his approval under subsection (3) of the terms of any tenancy agreement into which they propose to enter.
(2) An application under subsection (1) shall be in the specified form in triplicate and shall be accompanied by a copy of the proposed agreement and such fee as may be determined by the Financial Secretary. (Amended 32 of 1985 s. 4)
(3) Notwithstanding anything contained in this Part, the Commissioner shall, if he is satisfied in relation to the proposed agreement (Amended 32 of
1985 s. 4)
(a) that the tenant or prospective tenant understands its effect;
(b) that the tenant or prospective tenant in assenting to enter into such an agreement has not been subject to any undue pressure or influence; and
(c) that no sub-tenants are prejudiced thereby,
approve the proposed agreement and endorse the application submitted to him under subsection (1) with a statement to that effect and serve a copy thereof on the landlord and on the tenant or prospective tenant.
(4) The Commissioner may make such inquiries as he thinks fit for the purposes of subsection (3) but nothing in subsection (3) or this subsection shall be construed as imposing on the Commissioner or any public officer any duty to inquire into or be satisfied as to the reasonableness or otherwise of the consideration specified in the agreement.
(5) Where the Commissioner approves the terms of a proposed agreement under subsection (3) the parties may execute a tenancy agreement in the terms so approved, notwithstanding anything in this Part.
(6) Where an agreement is executed under subsection (5)—
(a) the landlord shall lodge a copy thereof with the Commissioner within
28 days of its execution; and (Amended 40 of 1984 s. 9)
(b) the building or part thereof to which the agreement relates shall be excluded from the further application of this Part notwithstanding the termination or expiry of the agreement.
(Replaced 39 of 1979 s. 12)
(For savings and transitional provisions see Ord. No. 39 of 1979 s. 25(1) )
Commissioner may revise rent in certain cases
29. Subject to section 23, if the standard rent of any premises either-
(a) is a rent which was agreed upon in writing at some date before 1 July
1937; or
(b) is not higher than the rent recoverable from the tenant in actual
occupation on 1 July 1937,
the landlord of such premises may apply to the Commissioner to fix, and the Commissioner may fix, such other rent as the Commissioner shall think fit as the standard rent to be paid in respect of such premises during the continuance of this Part:
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