1988 Ed.]
Landlord and Tenant (Consolidation)
{CAP. 7
61
Review
59. (1) Where the Commissioner issues a certificate under section 58, the landlord or the tenant may within 14 days of service on him of the certificate apply to the Commissioner by notice in duplicate in the specified form for a review of the certificate.
(2) On receipt of an application under subsection (1) and such fee as may be determined by the Financial Secretary, the Commissioner shall review his certificate issued under section 58 and, after giving both parties the opportunity of making written submissions, he may affirm the certificate or cancel it and issue a new certificate under that section, and shall serve a notice of his decision on the parties. (Replaced 76 of 1981 s. 41. Amended 32 of 1985 s. 16; 77 of 1988 s. 6)
(3) (Repealed 32 of 1985 s. 16)
(4) The Commissioner may, at the time of any review under subsection (2), determine the date from which any increase in rent shall take effect, and, if he makes such determination, shall include such determination in the notice of decision served under subsection (2). (Replaced 76 of 1981 s. 41. Amended 77 of 1988 s. 6)
Appeal
60. Any person aggrieved by a decision of the Commissioner under section 59 may, within 1 month of the service of the notice of the decision, appeal to the Tribunal which may make such order thereon as it thinks fit.
(Replaced 76 of 1981 s. 42. Amended 77 of 1988 s. 7)
Notices of increases
61. (1) Unless the Commissioner has made a determination under section 59(4) or the Tribunal has made an order under section 60 regarding the date from which an increase in rent shall take effect, an increase in rent specified in a certificate issued under section 58(1)(a) shall not take effect except in pursuance of a notice of increase in the specified form served by the landlord on the tenant, specifying the date from which the increase is to take effect. (Amended 5 of 1975 s. 5; 77 of 1988 s. 8)
(2) Where a landlord serves a notice of increase on the tenant under subsection (1) he shall, at the same time, send a copy of the notice to the Commissioner.
(3) The date specified in a notice under subsection (1) shall not, subject to section 64, be earlier than the first day when rent becomes due after the expiration of 1 month from the service of the notice.
(4) Notwithstanding this section, where proceedings on a review under section 59 or an appeal under section 60 are not concluded on the date specified in a notice under subsection (1), the failure by the tenant or sub-tenant to pay the increase in rent prior to the conclusion of such proceedings shall not be a breach of covenant to pay rent nor give rise to a right to forfeiture.
1988 Ed.]
Landlord and Tenant (Consolidation)
{CAP. 7
61
Review
59. (1) Where the Commissioner issues a certificate under section 58, the landlord or the tenant may within 14 days of service on him of the certificate apply to the Commissioner by notice in duplicate in the specified form for a review of the certificate.
(2) On receipt of an application under subsection (1) and such fee as may be determined by the Financial Secretary, the Commissioner shall review his certificate issued under section 58 and, after giving both parties the opportunity of making written submissions, he may affirm the certificate or cancel it and issue a new certificate under that section, and shall serve a notice of his decision on the parties. (Replaced 76 of 1981 s. 41. Amended 32 of 1985 s. 16; 77 of 1988 s. 6)
(3) (Repealed 32 of 1985 s. 16)
(4) The Commissioner may, at the time of any review under subsection (2), determine the date from which any increase in rent shall take effect, and, if he makes such determination, shall include such determination in the notice of decision served under subsection (2). (Replaced 76 of 1981 s. 41. Amended 77 of 1988 s. 6)
Appeal
60. Any person aggrieved by a decision of the Commissioner under section 59 may, within 1 month of the service of the notice of the decision, appeal to the Tribunal which may make such order thereon as it thinks fit.
(Replaced 76 of 1981 s. 42. Amended 77 of 1988 s. 7)
Notices of increases
61. (1) Unless the Commissioner has made a determination under section 59(4) or the Tribunal has made an order under section 60 regarding the date from which an increase in rent shall take effect, an increase in rent specified in a certificate issued under section 58(1)(a) shall not take effect except in pursuance of a notice of increase in the specified form served by the landlord on the tenant, specifying the date from which the increase is to take effect. (Amended 5 of 1975 s. 5; 77 of 1988 s. 8)
(2) Where a landlord serves a notice of increase on the tenant under subsection (1) he shall, at the same time, send a copy of the notice to the Commissioner.
(3) The date specified in a notice under subsection (1) shall not, subject to section 64, be earlier than the first day when rent becomes due after the expiration of 1 month from the service of the notice.
(4) Notwithstanding this section, where proceedings on a review under section 59 or an appeal under section 60 are not concluded on the date specified in a notice under subsection (1), the failure by the tenant or sub-tenant to pay the increase in rent prior to the conclusion of such proceedings shall not be a breach of covenant to pay rent nor give rise to a right to forfeiture.
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