1964_LANDLORD_AND_TENANT_(CONSOLIDATION)_ORDINANCE — Page 91

90

CAP. 7

Landlord and Tenant (Consolidation)

[1988 Ed.

(iii) use, or allow the use of, the premises or any part thereof other than as a residence for the person for whose occupation the Tribunal was satisfied the premises were required under paragraph (b) of section 119E(1),

and the Commissioner may, on an application accompanied by such fee as the Financial Secretary may determine, authorize the landlord to let, use or allow the use of the premises as mentioned in sub- paragraph (i) or (iii) for a term not exceeding 1 year. (Replaced 29 of 1983 s. 37. Amended 32 of 1985 s. 21)

(b) The Tribunal or the Commissioner, when granting an authority under paragraph (a) to let, shall specify the terms, including the rent, on which the premises or the part are to be let:

Provided that the rent shall not be more than that payable by the tenant last in possession.

(3) Without prejudice to subsection (9), a landlord who contravenes subsection (1) commits an offence and is liable on conviction on indictment to a fine of $500,000 and in addition, on a second or subsequent conviction, to imprisonment for 12 months, and in any case to forfeit a sum not exceeding the equivalent of-

(a) in the case of a contravention of subsection (1)(a)(i), 2 years' rent calculated at the rate at which the premises were let without the authority of the Tribunal or the Commissioner; or

(b) in the case of a contravention of subsection (1)(a)(ii), the difference, at the date of the contravention, between the market value of the premises with vacant possession and the market value of the premises with the former tenant in possession. (Amended 29 of 1983 s. 37)

(4) Any court which sentences a landlord for an offence under sub- section (3) may, in addition to imposing a penalty under that subsection, make an order under subsection (9) after hearing the former tenant and the defendant.

(5) (Repealed 29 of 1983 s. 37)

(6) A letting, assignment, transfer or parting with possession of premises or part thereof shall not be void, voidable or unenforceable by reason only of a contravention of subsection (1).

(7) Where, in his opposition to an application for a new tenancy under section 117, the landlord alleges a ground mentioned in paragraph (b) or (c) of section 119E(1) but the application does not proceed and the tenant consents to deliver up vacant possession of the premises, the landlord shall be deemed, for the purposes of subsections (1), (8) and (9), to have successfully opposed the grant of a new tenancy on a ground specified in paragraph (b) or (c) of section 119E(1); and, for the purposes of fixing the commencement of the period mentioned in subsection (1), the date of the decision of the Tribunal declining to make an order for the grant of a new tenancy shall be deemed to be the date on which the landlord filed with the Tribunal his opposition to the grant of a new tenancy. (Amended 32 of 1985 s. 21)

(8) A landlord who has successfully opposed the grant of a new tenancy on a ground specified in paragraph (b) or (c) of section 119E(1) shall be