86
CAP. 7]
Landlord and Tenant (Consolidation)
[1988 Ed.
(ii) in the case of a sub-tenancy, the Tribunal is satisfied, in all the circumstances of the case, including the question whether other accommodation is available for the principal tenant or the sub-tenant, greater hardship would be caused by refusing to grant a new tenancy than by granting one;
(c) the landlord intends to rebuild the premises;
(d) the tenant has caused unnecessary annoyance, inconvenience or disturbance to the landlord or to any other person:
Provided that no ground shall be established under this paragraph unless the Tribunal is satisfied that the annoyance, inconvenience or disturbance had continued after a warning in writing had been served by the landlord on the tenant causing the same;
(e) the tenant has used, or has suffered or permitted the use of, the premises of which he is the tenant or any part thereof, for an immoral or illegal purpose;
(f) the tenant has sublet the whole or any part of the premises of which he is tenant and does not occupy any part of the premises as his dwelling. (Added 29 of 1983 s. 33)
(2) The landlord shall not be entitled to oppose an application on the ground specified in paragraph (b) of subsection (1) if the interest of the landlord, or an interest which has merged in that interest and but for the merger would be the interest of the landlord, was acquired after the beginning of the period of 12 months which ends with the termination of the current tenancy, and at all times since the acquisition thereof the premises have been comprised in a tenancy or successive tenancies of the description specified in section 116(1).
(2A) For the purposes of subsection (1)(b)—
"landlord” includes one or more landlords, holding the premises jointly or in common, with the other landlord or landlords so holding assenting to the opposition to an application under section 117(1); and
"his father, his mother or any son or daughter of his" includes the father, mother, son or daughter of one or more landlords, holding the premises jointly or in common, with other landlord or landlords so holding assenting to the opposition to an application under section 117(1). (Added 29 of 1983 s. 33)
(3) For the purpose of subsection (1)(d), a tenant who persistently fails to pay rent as and when it falls due may be regarded as causing unnecessary inconvenience to the landlord.
Additional provisions regarding opposition on ground of intention to rebuild
[cf. U.K. 1954 c. 56 s. 30]
119F. (1) The Tribunal shall not decline to make an order for the grant of a new tenancy on the ground mentioned in paragraph (c) of section 119E(1) unless, in addition, the landlord establishes that--
(a) the rebuilding will result in an increase in the number of dwellings or in accommodation for domestic use or in accommodation for other
86
CAP. 7]
Landlord and Tenant (Consolidation)
[1988 Ed.
(ii) in the case of a sub-tenancy, the Tribunal is satisfied, in all the circumstances of the case, including the question whether other accommodation is available for the principal tenant or the sub-tenant, greater hardship would be caused by refusing to grant a new tenancy than by granting one;
(c) the landlord intends to rebuild the premises;
(d) the tenant has caused unnecessary annoyance, inconvenience or
disturbance to the landlord or to any other person:
Provided that no ground shall be established under this paragraph unless the Tribunal is satisfied that the annoyance, inconvenience or disturbance had continued after a warning in writing had been served by the landlord on the tenant causing the same;
(e) the tenant has used, or has suffered or permitted the use of, the premises of which he is the tenant or any part thereof, for an immoral or illegal purpose;
(f) the tenant has sublet the whole or any part of the premises of which he is tenant and does not occupy any part of the premises as his dwelling. (Added 29 of 1983 s. 33)
(2) The landlord shall not be entitled to oppose an application on the ground specified in paragraph (b) of subsection (1) if the interest of the landlord, or an interest which has merged in that interest and but for the merger would be the interest of the landlord, was acquired after the beginning of the period of 12 months which ends with the termination of the current tenancy, and at all times since the acquisition thereof the premises have been comprised in a tenancy or successive tenancies of the description specified in section 116(1).
(2A) For the purposes of subsection (1)(b)—
"landlord” includes one or more landlords, holding the premises jointly or in common, with the other landlord or landlords so holding assenting to the opposition to an application under section 117(1); and
"his father, his mother or any son or daughter of his" includes the father, mother, son or daughter of one or more landlords, holding the premises. jointly or in common, with other landlord or landlords so holding assenting to the opposition to an application under section 117(1). (Added 29 of 1983 s. 33)
(3) For the purpose of subsection (1)(d), a tenant who persistently fails to pay rent as and when it falls due may be regarded as causing unnecessary inconvenience to the landlord.
Additional provisions regarding opposition on ground of
intention to rebuild
[cf. U.K. 1954 c. 56 s. 30]
119F. (1) The Tribunal shall not decline to make an order for the grant of a new tenancy on the ground mentioned in paragraph (c) of section 119E(1) unless, in addition, the landlord establishes that--
(a) the rebuilding will result in an increase in the number of dwellings or in accommodation for domestic use or in accommodation for other
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