1964_LANDLORD_AND_TENANT_(CONSOLIDATION)_ORDINANCE — Page 46

1988 Ed.]

Landlord and Tenant (Consolidation)

[CAP. 7

45

(4) Upon receipt of an application under subsection (1), the Commissioner shall serve a copy thereof on the other party and within 14 days of that service that party may make representations to the Commissioner.

(5) The Commissioner shall consider any representations, determine any facts in dispute and shall-

(a) if he is satisfied that the current rent for the premises is not less than 77% of the prevailing market rent, issue a certificate approving the application and serve 1 copy on the landlord, or principal tenant, and 1 copy on the tenant, or sub-tenant; or

(b) if he is not so satisfied, issue and serve a notice to that effect on the landlord, or principal tenant, and on the tenant, or sub-tenant.

(6) Where the Commissioner approves the application under subsection (5), he shall state in his certificate a date upon which the tenancy, or sub-tenancy, shall be excluded from this Part; and, on that date, the tenancy shall, subject to subsection (8), be excluded from the application of this Part and Part IV shall apply to it.

(7) The date mentioned in subsection (6) shall be----

(a) in a case where the application is made during the contractual period of the tenancy, or sub-tenancy, the date on which the Commissioner issues his certificate under subsection (5)(a):

Provided that the Commissioner shall not issue that certificate earlier than 7 months before the expiry of the contractual period; or

(b) in a case where the application is made during the continuation of the tenancy, or sub-tenancy, under section 52(1) and-

(i) the current rent is not less than the prevailing market rent; or (ii) the rent has not been increased (other than on account of improvements or an increase in rates) during that continuation,

the date on which the Commissioner issues his certificate under subsection (5)(a); or

(c) in a case where-

(i) the application is made during the continuation of the tenancy, or sub-tenancy, under section 52(1); and

(ii) the current rent is less than the prevailing market rent; and (iii) the rent has been increased (other than on account of improvements or an increase in rates) during that continuation,

a date not more than 18 and not less than 17 months after the date on which that increase became effective or, if there is more than 1 such increase, the date on which the last such increase became effective:

Provided that, where a period of 18 months has elapsed since the date on which that increase or that last increase became effective, the date mentioned in subsection (6) shall be the date on which the Commissioner issues his certificate under subsection (5)(a).