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Housing Act 2007


Published: 2008-06-01

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Housing

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2007-36

HOUSING ACT 2007

Principal Act

Act. No. 2007-36 Commencement 1.6.2008 1

Assent 3.7.2007

Amending

enactments

Relevant current

provisions

Commencement

date

Act. 2013-17 2 ss. 40(1)(a) & (8) 8.8.2013

2014-10 ss. 7(1), (1)(a), 12(a), (b), 34(b)(i),

(ii), (iii), 53(4)(b) & Sch. 5

28.3.2014

English sources:

None cited

EU Legislation/International Agreements involved:

1 NOTICE OF COMMENCEMENT (LN. 2008/012)– In exercise of the powers conferred

upon it by section 1 of the Housing Act 2007, the Government has appointed the 1st June

2008 as the day the Act comes into operation, except that sections 40 and 113(3) shall not

be commenced for the following purposes, namely dwelling houses erected after the 1st

day of January 1945 and before the 1st day of March 1959, for which purposes the

provisions of section 10 and 11A of the former Act shall continue to apply.

2 Sections 40 and 113(3) of the Housing Act 2007 shall, for the purposes of dwelling

houses erected after the 1st day of January 1945 and on or before the 1st day of March

1959 come into operation on the commencement of this Act.

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ARRANGEMENT OF SECTIONS

Section

1. Title and commencement.

PART I

Government Housing

Preliminary

2. Interpretation.

3. Housing Authority.

4. Government Housing Advisory Board.

5. Housing Allocation Committee.

Occupation of Premises

6. Personal occupation essential.

7. Tenants in ownership of residential property.

8. Notice of termination of tenancy.

9. Refund of rent.

10. Entry on and disposal of property on the premises.

11. Claim by tenant.

12. New tenancy or licence agreement.

13. Direction for the recovery of judgement debts.

14. Unlawful occupation.

15. Decanting notices.

Entry upon Public Housing

16. Power of entry.

17. Warrant to authorise entry.

Housing Conditions

18. Unauthorised developments.

19. Restoration orders.

20. Power to demolish building.

21. Stoppage orders.

22. Power to take action in relation to contraventions.

Information Provisions

23. Power to require information.

24. Enforcement of powers under section 23.

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25. False or misleading information.

Appeals

26. Appeal against termination of tenancy.

27. Appeals against direction under section 13 (rent arrears etc,

collection order).

28. Appeal against decanting notices and restoration, demolition or

stoppage orders.

Supplementary Provisions

29. Service of notice.

30. Power to make regulations.

31. Tenants associations.

32. Right to buy.

PART II

Landlord and Tenant: Residential premises

33. Interpretation.

34. Definition of “tenant”.

35. Application to the Crown.

36. Forfeiture clauses in Crown leases.

37. Rent assessor.

38. Functions and powers of rent assessor.

39. Communal services tenements.

40. Application of this Part.

41. Statutory rent.

42. Rating adjustments.

43. Adjustments for improvements.

44. Restrictions on rent increases.

45. Restrictions on recovery of possession.

46. Temporary repossession to carry out repairs.

47. Acceptance of rent after notice to quit.

48. Restrictions on distraint.

49. Application for decontrol.

50. Prohibition on assignment and sub-letting etc.

51. Increased statutory rent where premises sub-let.

52. Recovery of excessive rent on sub-let part.

53. Sub-tenant’s option to take surrendered tenancy.

54. Sub-lettings after the date of commencement void.

55. Conditions of statutory tenancies.

56. Statement as to statutory rent.

57. Rent record and tenancy particulars.

58. Reference to Tribunal to determine rent.

59. Recovery of rent.

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60. Premiums.

61. Jurisdiction to grant possession.

62. Rent relief.

63. Register of section 41(11) tenancies.

64. Restriction on right to possession in certain cases.

65. Compensation for possession obtained by misrepresentation.

66. Power to issue notices and summonses.

67. Errors in notice of increase.

68. Appeals against decisions of the Tribunal and Rent Assessor.

69. Notices to quit.

70. Interim continuation of tenancies pending determination by court or

Tribunal.

71. Provisions as to reversions.

72. Provisions as to mortgages in possession.

73. Production of rates demand notes.

74. Rules of court.

75. Financial provision for repairs.

76. Regulations.

77. Savings.

PART III

Anti-social Behaviour

78. Interpretation.

79. Policies and procedures.

80. Power to make regulations.

PART IV

Housing Tribunal and Housing Advisory Council

81. Housing Advisory Council.

82. Housing Tribunal.

PART V

Property Management

83. Interpretation.

84. Meaning of “service charge” and “relevant costs”.

85. Limitation of service charges: reasonableness.

86. Limitation of service charges: estimates and consultation.

87. Limitation of service charges: time limits on making demands.

88. Limitation of service charges: costs of court proceedings.

89. Request for summary of relevant costs.

90. Request to inspect supporting accounts, etc.

91. Request relating to information held by superior landlord.

92. Effect of assignment on request.

93. Failure to comply with s.89, 90 or 91 an offence.

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94. Request for summary of insurance cover.

95. Request to inspect insurance policy, etc.

96. Request relating to insurance effected by superior landlord.

97. Effect of assignment on request.

98. Failure to comply with sections 94, 95 or 96 an offence.

99. Tenant’s right to notify insurers of possible claim.

100. Right to challenge landlord’s choice of insurers.

101. Unlawful ejectment and harassment of occupier.

102. Restriction on re-entry without due process of law.

103. Prohibition of ejectment without due process of law.

104. Tenant’s right to apply to court for appointment of manager.

105. Preliminary notice by tenant.

106. Application to court for appointment of manager.

107. Appointment of manager by the court.

108. Notices.

109. Offences by bodies corporate.

110. Power of Principal Housing Officer to investigate offences.

111. Restriction on prosecutions.

112. No application to the Crown.

PART VI

Miscellaneous

113. Repeals.

SCHEDULES

Schedule

1. Constitution and role of the Government Housing Advisory

Board.

2. Constitution and role of the Housing Allocation Committee.

3. Tenants associations.

4. Statutory rent for dwellings.

5. Possession or ejectment without proof of alternative

accommodation.

6. Transitional provisions.

7. Tenant’s liability to repairs.

8. Furniture to be provided if property is let furnished.

9. Constitution and role of Housing Advisory Council.

10. Constitution and role of Housing Tribunal.

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AN ACT TO MAKE PROVISION FOR THE PROPER AND EFFECTIVE

USE OF GOVERNMENT HOUSING; TO MAKE PROVISION ABOUT

THE RIGHTS AND OBLIGATIONS OF LANDLORDS AND TENANTS

OF RESIDENTIAL PREMISES; TO MAKE PROVISION ABOUT

PROPERTY MANAGEMENT, TO MAKE PROVISION ABOUT ANTI-

SOCIAL BEHAVIOUR IN RELATION TO HOUSING; AND TO MAKE

OTHER PROVISION ABOUT HOUSING AND FOR CONNECTED

PURPOSES.

Title and commencement.

1. This Act may be cited as the Housing Act 2007 and comes into operation

on such day as the Government may, by notice in the Gazette, appoint and

different days may be appointed for different provisions and purposes.

PART I

Government Housing

Preliminary

Interpretation.

2. In this Part, unless the context otherwise provides—

“agreement” means a tenancy or licence agreement between the Principal

Housing Officer for and on behalf of the Government and a tenant

or joint tenants;

“block of flats” means a building or part of a building which contains two

or more premises;

“committee” means the Housing Allocation Committee established under

section 5;

“housing area” means a housing estate or a block or blocks of flats not in

a housing estate;

“Housing Authority” means the Minister or such other body or person as

the Government may designate from time to time by notice

published in the Gazette;

“let” includes a reference to licensed and like expressions shall be

construed accordingly;

“Minister” means the Minister with responsibility for housing;

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“Principal Housing Officer” means the senior public officer of the Ministry

for Housing or any other public officer duly authorised by him for

any purpose under this Part;

“prescribed” means (unless the context otherwise requires or is specified

to the contrary) prescribed by regulations made by the Minister;

“public housing” means a flat, house, building or part of a building owned

by the Government and occupied by a tenant or available for

allocation to be occupied by a tenant as a residence, under an

agreement;

“tenant” means any person occupying premises under an agreement and

where the context so admits reference to a tenant shall be construed

as including a reference to a licensee and the expression includes

joint tenants;

“Tribunal” means the Housing Tribunal established under section 82;

“year” means any period of twelve consecutive calendar months.

Housing Authority.

3.(1) The general management and supervision, registration and control of

public housing and of all buildings comprising public housing shall be vested

in and shall be exercised by the Housing Authority.

(2) For the purposes of subsection (1) above the Housing Authority may

by notice in the Gazette make rules for a Scheme relating to the allocation of

public housing.

(3) Without prejudice to the generality of subsection (2) above a Scheme

under sub-section (2) may make provisions for applications, eligibility,

qualification, a pointage system, registration, transfer and exchange of

tenancies, temporary accommodation, decanting, homeless persons,

representations and appeals and the special schemes for new housing estates

and other special or exceptional circumstances.

Government Housing Advisory Board.

4.(1) There shall be established a Board, to be known as the Government

Housing Advisory Board.

(2) The provisions of Schedule 1 shall have effect with respect to the

functions, constitution and proceedings of the Board.

Housing Allocation Committee.

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5.(1) There shall be established a Committee, to be known as the Housing

Allocation Committee.

(2) The provisions of Schedule 2 shall have effect with respect to the

functions, constitution and proceedings of the Committee.

Occupation of Premises

Personal occupation essential.

6.(1) Subject to subsection (3), it shall be a condition of possession of any

public housing that the tenant shall be entitled to such possession so long as

he is in personal occupation of the public housing for not less than 270 days

in the aggregate in every year.

(2) A tenant shall not be deemed to be in personal occupation for the

purposes of subsection (1) on any day in which he does not sleep in such

premises.

(3) The Principal Housing Officer may authorise, in the particular case of

any tenant, a reduction of the 270 days stipulated by subsection (1).

(4) A tenant shall be deemed to be in personal occupation of the public

housing, notwithstanding that he does not sleep in such public housing on

such day, provided that the reason for his not so sleeping is that he is

prevented from personal occupation by circumstances beyond his control,

save that to meet the requirements of this section, any period exceeding 28

days must be approved in writing by the Principal Housing Officer.

(5) Where a tenant is not in personal occupation of his public housing and

his absence does not render him liable to have his tenancy terminated under

section 8 by reason of such non-occupation, the premises may be occupied

by a person approved in writing by the Principal Housing Officer when there

is a period of absence by the tenant exceeding 28 days.

Tenants in ownership of residential property.

7.(1) It shall be a condition of possession of any public housing which is

allocated to a tenant after the date of commencement of this Act, that the

tenant shall be entitled to continue in possession so long as he or his spouse

or civil partner, if residing with him

(a) is not or does not become, either directly or indirectly, a

majority share owner of residential property in Gibraltar which

is or can by his or his spouse’s or civil partner’s decision be

made available for occupation by him; or

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(b) does not, either directly or indirectly, have nor acquire a

beneficial interest in a shareholding of a company or other legal

entity wherever incorporated or established which owns a

property such as is described in paragraph (a) above; or

(c) does not, either directly or indirectly, have nor acquire a vested

interest in a trust (wherever established) which owns a property

such as is described in paragraph (a) above.

Notice of termination of tenancy.

8.(1) If the Principal Housing Officer has reason to believe that a tenant has

not been or will not be able to be in personal occupation of the public

housing for the number of days required under section 6 and the tenant has

not terminated the tenancy agreement, he may, with the approval of the

Committee and of the Minister, serve notice of termination of tenancy on the

tenant, in such form as may be prescribed, requiring possession of the public

housing to be given up within 30 days of the date of service of the notice.

(2) A notice under subsection (1) shall—

(a) state the grounds on which the notice is being served;

(b) give notice that all moveable property remaining in the public

housing 21 days after the termination of tenancy shall be

removed and taken into custody by the Government and all

perishable goods remaining therein shall be immediately

disposed of; and

(c) inform the tenant of his right of appeal under section 26;

(3) Notwithstanding anything contained in subsection (1), no notice shall

specify a year commencing more than 12 months before the date of the

notice.

(4) Subject to subsection (5), if the Principal Housing Officer has reason to

believe that a tenant has failed to comply with the condition in section 7

without justifiable reason and he has not terminated the tenancy agreement,

he may, with the approval of the Committee and of the Minister, serve notice

of termination of tenancy on the tenant, in such form as may be prescribed,

requiring possession of the public housing to be given up within 30 days of

the date of service of the notice.

(5) A notice under subsection (4) shall—

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(a) state the grounds on which the notice is being served including

such information, as the Principal Housing Officer considers

necessary, establishing those grounds;

(b) give notice that all moveable property remaining in the public

housing 21 days after the coming into force of the notice of

termination of tenancy, shall be removed and taken into custody

by the Government and all perishable goods remaining therein

shall be immediately disposed of;

(c) inform the tenant of his right of appeal under section 26.

(6) If the Principal Housing Officer has reason to believe that a tenant has

failed to comply with a decanting notice under section 15 and no appeal is

brought against such a notice under section 28, or any such appeal is not

upheld, he may serve notice of termination of tenancy, in such form as may

be prescribed, requesting possession of the public housing to be given up

within 30 days of the date of service of the notice.

(7) There shall be no right of appeal against a notice of termination issued

under subsection (6).

Refund of rent.

9. On termination of tenancy under section 8, any rent paid by or on behalf

of the tenant under the agreement for any period thereafter shall be refunded.

Entry on and disposal of property on the premises.

10.(1) The Principal Housing Officer may, on the termination of a tenancy

pursuant to section 8—

(a) enter upon the public housing and remove all movable property

therein;

(b) dispose of any perishable goods therein in a manner thought fit

and proper by him.

(2) Subject to any claims under section 11 and to the rights of any third

party therein, any movable property of a tenant removed by the Principal

Housing Officer shall vest in and become the property of the Government on

the expiration of a period of 3 months from the date of publication of a

notice in the Gazette to that effect.

Claim by tenant.

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11.(1) Whenever a tenant has had his tenancy terminated under section 8, he

may at any time within one year from the date of termination of his tenancy,

claim from the Government the amount of the proceeds of the sale of any

movable or any perishable property sold under section 10.

(2) There shall be deducted from the amount due under subsection (1) the

expenses of the Government in relation to such sale, the cost of any repairs

or renovations necessary on the termination of the tenancy (other than those

due to fair wear and tear) to render the public housing fit for occupation, and

any other sum then due from the tenant to the Government.

New tenancy or licence agreement.

12.(1) Where a tenant has died the Principal Housing Officer shall, if the

entitled person so requires and he meets the current criteria for the allocation

of public housing, enter into an agreement with the entitled person in respect

of the public housing on the same terms and conditions as the agreement

with the deceased tenant or on such other terms and conditions as he may

approve after consultation with the Committee.

(2) For the purpose of this section “entitled person” means—

(a) the widow, widower or surviving civil partner, as the case may

be, of the deceased tenant living with the tenant at the time of

death;

(b) where the deceased tenant leaves no widow or widower or if

such widow or widower was not living with the tenant at the

time of death, the father, mother or child over the age of 18

years (in that order and where there is more than one such child

the eldest such child) of the deceased tenant, provided that such

person had been living with the deceased tenant continuously

for not less than 12 months immediately prior to the tenant’s

death with the written consent of the Principal Housing Officer.

Direction for the recovery of judgement debts.

13.(1) The Principal Housing Officer may serve a direction on—

(a) any employer in Gibraltar making payment of any wages, salary,

pension, bonus, commission, allowance or other remuneration;

or

(b) any person making payment of any old age, widow’s, disability

or other social security pension or allowance, household cost

allowance, savings bank account interest or interest on any

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Gibraltar Government or Gibraltar Savings Bank debenture or

bond;

to a tenant who is a judgement debtor in respect of his arrears of rent on

public housing or any other moneys due and payable by the tenant under this

Act.

(2) A direction shall require the employer or person on whom it is served

to deduct such amounts and at such times as the direction may require and to

account for and pay over to the Principal Housing Officer such amount as so

deducted at such times and at such place as required by the direction.

(3) Where a tenant named in a direction dies or otherwise ceases to be

entitled to receive any further payments from the employer or person on

whom the direction was served, that employer or person shall, within seven

days of such death or cessation, notify the Principal Housing Officer

accordingly.

(4) A copy of a direction shall be sent at the same time to the tenant the

subject of the direction.

(5) An employer on whom a direction has been served and who without

reasonable excuse fails to comply with the order or fails to comply with the

requirements of subsection (3) shall commit an offence and shall be liable on

summary conviction to a fine not exceeding level 3 on the standard scale.

Unlawful occupation.

14.(1) Any person who—

(a) enters into possession of, or remains in occupation of any public

housing after the tenancy agreement in respect of those

premises has been terminated under section 8 and whether such

person is the tenant on whom notice was served or not; or

(b) occupies any public housing held by the Government without

the written authority of the Principal Housing Officer; or

(c) gives false or misleading information in any application form or

other document for the purpose of being allocated any public

housing;

shall be guilty of an offence and shall be liable on summary conviction to a

fine not exceeding level 4 on the standard scale.

(2) Where any person has been found guilty of an offence under subsection

(1), the court shall, at the request of the Principal Housing Officer, in lieu of

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or in addition to a fine order the offender to give up possession of the public

housing within 14 days of such conviction.

(3) Pursuant to an order for possession of public housing under subsection

(2) it shall be lawful for the Principal Housing Officer in the company of a

police officer to enter upon the public housing to give effect to the order.

(4) Any person who aids, abets, counsels or procures the commission of an

offence under subsection (1)(a) or (b) shall be guilty of an offence and shall

be liable on summary conviction to a fine not exceeding level 3 on the

standard scale.

(5) Separately from and regardless of any proceedings for an offence under

this section, where a person to whom subsection (1)(a), (b) or (c) applies is

in occupation of any public housing, the court shall, at the request of the

Principal Housing Officer, order the person to give up possession of the

public housing within 14 days of such order.

Decanting notices.

15.(1) The Minister may, in his discretion, serve a decanting notice on a

tenant if—

(a) having regard to the fact that the majority of the public housing

in a block of flats are empty, he considers that it is necessary or

desirable to empty the block of its remaining tenants; or

(b) vacant possession of the public housing is required for social or

economic reasons or in the public interest.

(2) Every tenant so decanted shall be provided with suitable alternative

public housing at a rent no higher than the public housing the subject of a

decanting notice.

(3) A decanting notice shall provide the tenant with details and

composition of the allocated public housing to where it is intended to decant

him and his family, if any, and inform him of the reason for the decanting and

of his right of appeal.

(4) An appeal against a decanting notice may be brought on the grounds

only that the facts or reasons stated in the notice to justify the decanting are

not true, or that the alternative public housing specified therein is not suitable

or not of the same or lower rent.

(5) A decanting notice becomes operative, if no appeal is brought under

section 28, at the end of the period of 21 days beginning with the date of

service of the notice.

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(6) A decanting notice shall specify the date by which the move to the

allocated premises is to be completed.

(7) The obligation to take the action specified in the notice continues

despite the fact that the date for decanting to the allocated premises has

passed.

(8) The Principal Housing Officer may, in deserving cases and in his

absolute discretion, assist, financially or with the provision of transport,

materials or other resources, a tenant on whom a decanting notice has been

served with the move to the allocated public housing.

(9) The Principal Housing Officer may, with the prior approval of the

Minister and at the discretion of the Minister, at any time vary or revoke a

decanting notice if he considers that it is appropriate to do so.

(10) A tenant who fails, without reasonable excuse, to comply with a

decanting notice shall commit an offence and shall be liable on summary

conviction to a fine not exceeding level 2 on the standard scale and shall in

addition thereto be liable to termination of his tenancy under section 8(6).

Entry upon Public Housing

Power of entry.

16.(1) Where the Housing Authority considers it is necessary to—

(a) carry out a survey or examination of any public housing in order

to determine whether any damage has occurred to, or is likely

to occur to the public housing, the building of which it forms

part or any adjoining building; or

(b) carry out a survey or examination of any public housing in order

to determine whether any powers under this Part should be

exercised in relation to the public housing; or

(c) abate any damage that has occurred to that or any other public

housing or prevent any further damage; or

(d) to carry out any routine maintenance of the public housing, the

building of which it forms part or any adjoining building;

a person authorised by the Housing Authority may, after giving 7 days notice

in writing to the tenant, enter such public housing, accompanied by such

persons as he may deem necessary, for any of the purposes mentioned in

paragraphs (a) to (d).

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(2) Notwithstanding the requirement to give 7 days notice under

subsection (1), if it is considered necessary as a matter of urgency to enter

any public housing for any of the purposes mentioned in subsection (1)(a) or

(c), a person authorised by the Housing Authority may at any reasonable

time, on giving 24 hours notice to the tenant, enter such public housing.

(3) A tenant may waive the requirement in subsection (2) to be given 24

hours notice.

(4) An authorisation for the purposes of this section shall, if so required, be

produced for inspection by the tenant.

(5) If the public housing is unoccupied or the tenant is temporarily absent,

a person entering under the authority of this section shall cause as little

damage as is reasonably possible and shall leave the public housing as

effectively secured against trespassers as he found them and shall as soon as

is reasonably possible inform the tenant of the entry.

(6) Any person who without reasonable excuse refuses or delays the

admission of or obstructs any person authorised by the Housing Authority in

exercising his right of entry pursuant to subsection (1) or (2) shall be guilty

of an offence and liable on summary conviction to a fine not exceeding level

3 on the standard scale.

Warrant to authorise entry.

17.(1) Where a justice of the peace is satisfied, on a sworn information in

writing, that admission to the public housing specified in the information is

reasonably required by a person authorised by the Housing Authority for any

of the purposes mentioned in section 16(1) he may by warrant under his hand

authorise that person to enter on the public housing for any of those

purposes.

(2) The justice shall not grant the warrant unless he is satisfied that

admission to the public housing has been refused and that admission was

sought after not less than the required period of notice of the intended entry

under section 16(1) or (2), as the case may be, had been given to the tenant.

(3) The power of entry conferred by a warrant under this section

(a) includes power to enter by force (if necessary); and

(b) may be exercised by the person on whom it is conferred either

alone or together with other persons.

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(4) A warrant under this section shall, if so required, be produced for

inspection by the tenant.

Housing Conditions

Unauthorised developments.

18.(1) A tenant shall not, except with the permission in writing of the

Housing Authority and under the authority of a permit granted by the

Development and Planning Commission under the Town Planning Act, and

in accordance with such conditions as may be imposed by the Commission in

granting the permit and with the provisions of any regulations made under

that Act, carry out any development, as defined in that Act, in his public

housing, housing area or in the vicinity of the public housing or the housing

area which contains the public housing.

(2) A person who acts in contravention of subsection (1) shall commit an

offence and shall be liable on summary conviction to a fine not exceeding

level 2 on the standard scale.

(3) This section shall not apply in relation to anything done before its

commencement.

Restoration orders.

19.(1) The Principal Housing Officer may serve a restoration order on a

tenant in relation to any public housing if the tenant has acted in

contravention of section 18(1) (“the contravention”).

(2) A restoration order shall specify—

(a) the contravention concerned;

(b) the remedial action to be undertaken in relation to the

contravention;

(c) the date by which the remedial action is to be completed;

(d) the right of the tenant to appeal.

(3) A restoration order becomes operative, if no appeal is brought under

section 28, at the end of the period of 21 days beginning with the date of

service of the order.

(4) The Principal Housing Officer may serve notice of—

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(a) variation of a restoration order so as to alter the dates, events

or remedial action to be undertaken;

(b) revocation of a restoration order if he considers that it is

appropriate to do so.

(5) The obligation to take the action specified in a restoration order

continues despite the fact that the date for completion of the action has

passed.

(6) A tenant who fails, without reasonable excuse, to comply with a

restoration order shall commit an offence and shall be liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

Power to demolish building.

20.(1) The Principal Housing Officer may serve a demolition order on a

tenant if the tenant, in his public housing, in the vicinity of his public housing

or the housing area which contains his public housing, has acted in

contravention of section 18(1) (“the contravention”).

(2) A demolition order under subsection (1) shall specify

(a) the public housing, building or structure and the contravention

concerned;

(b) the remedial action to be undertaken in relation to the

contravention;

(c) the date by which the remedial action is to be completed;

(d) the right of the tenant to appeal.

(3) A demolition order becomes operative, if no appeal is brought under

section 28, at the end of the period of 21 days beginning with the date of

service of the order.

(4) The Principal Housing Officer may serve notice—

(a) of variation of a demolition order so as to alter the dates, events

or remedial action to be undertaken.

(b) of revocation of a demolition order if he considers that it is

appropriate to do so.

(5) The obligation to take the action specified in the order continues

despite the fact that the date for completion of the action has passed.

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(6) A tenant who fails, without reasonable excuse, to comply with a

demolition order under subsection (1) shall commit an offence and shall be

liable on summary conviction to a fine not exceeding level 3 on the standard

scale.

Stoppage orders.

21.(1) Notwithstanding anything contained in the Town Planning Act and

without prejudice to the powers of the Development and Planning

Commission under that Act, the Principal Housing Officer, may serve a

stoppage order on any person who appears to be carrying out any

unauthorised development in contravention of section 18(1).

(2) An order under subsection (1) shall include

(a) the name and address of the person on whom the stoppage

order is served;

(b) the particulars of the nature, address or place of the apparent

contravention.

Power to take action in relation to contraventions.

22.(1) The Principal Housing Officer may by agreement with the tenant on

whom an order is served under section 19, 20 or 21 take any action which

that tenant is required to take in relation to any public housing, building or

structure in pursuance of such an order.

(2) The Principal Housing Officer may, with a warrant issued by a Justice

of the Peace, enter into public housing in respect of which an order under

section 19, 20 or 21 has been served but not complied with, and take any

action which the tenant is required to take in pursuance of such order.

(3) Action shall be taken by the Principal Housing Officer under this

section at the expense of the tenant, and the reasonable cost of such action

shall become a debt due by the tenant to the Government.

Information Provisions

Power to require information

23.(1) The Principal Housing Officer may, for any relevant purpose, give

notice to any tenant requiring him—

(a) to supply to the Housing Authority such information as may be

specified or described in the notice; and

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(b) to supply it at a time and place, and in a form and manner, so

specified and to a person so specified.

(2) In this section “relevant purpose” means—

(a) the purpose of initiating action leading to the issue of a

direction under section 13 or leading to the serving of an order

under section 19(1) or 21(1);

(b) the purpose of initiating action leading to the issue of an order

under section 19(1), 20(1) or 21(1).

(c) any purpose connected with the exercise of the functions of the

Housing Authority or the Principal Housing Officer under this

Part or under any regulations made under this Part.

(3) A notice under this section shall include information about the possible

consequences of not complying with the notice.

(4) If a person makes default in complying with a notice under subsection

(1), the Magistrates’ Court may, on the application of the Principal Housing

Officer make such order as the Court considers appropriate for requiring the

default to be made good.

(5) Any such order may, in particular, provide that all the costs or expenses

of, and incidental to, the application shall be borne by the person in default.

Enforcement of powers under section 23.

24. A person who intentionally and without reasonable excuse, fails to do

anything required of him by a notice under section 23 shall commit an

offence and shall be liable on summary conviction to a fine not exceeding

level 3 on the standard scale.

False or misleading information.

25.(1) A person who supplies any information to the Housing Authority or

to the Principal Housing Officer in connection with any of its or his functions

under this Part and—

(a) the information is false or misleading in a material respect; and

(b) he knows that it is false or misleading in a material respect or is

reckless as to whether it is false or misleading in a material

respect;

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shall commit an offence and shall be liable on summary conviction, to a fine

not exceeding level 3 on the standard scale.

Appeals

Appeal against termination of tenancy.

26.(1) Any tenant who is aggrieved by a notice of termination of tenancy

under section 8(1) may within 21 days beginning with the date of service of

the notice appeal to the Tribunal on the ground that he was in personal

occupation or will be able to be in personal occupation of the public housing

for 270 or more days in the year so specified, as the case may be.

(2) The burden of proof of personal occupation for 270 or more days shall

lie upon the tenant who may make available to the Tribunal and the Principal

Housing Officer at least 7 days before the hearing of the appeal

(a) records of consumption of electricity and water at the public

housing for the year to which the notice relates and any other

period if requested; and

(b) any other documentation which in the view of the Tribunal is

relevant to the appeal.

(3) On hearing the appeal where the Tribunal is satisfied that the tenant

was in personal occupation or will be able to be in personal occupation for

270 or

more days, as the case may be, shall allow the appeal and direct the Principal

Housing Officer to withdraw the notice.

(4) Any tenant who is aggrieved by a notice of termination of tenancy

under section 8(4) may within 21 days beginning with the date of service of

the notice appeal to the Housing Tribunal against the termination of tenancy

on the grounds of ownership of residential property under any of the

paragraphs (a) to (c) of subsection 7(1).

(5) On hearing the appeal where the Tribunal is satisfied that the tenant is

unable to comply with the condition in section 7, shall confirm the notice.

(6) Notwithstanding section 8(1), where an appeal has been lodged under

subsection (1) the date of termination of tenancy shall be—

(a) where the appeal is withdrawn by the tenant, at the end of 14

days from the date of withdrawal;

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(b) where the notice is confirmed by the Tribunal, at the end of 14

days from the date of determination of the appeal.

(7) Notwithstanding section 8(4), where an appeal has been lodged under

subsection (4), the date of termination shall be—

(a) where the appeal is withdrawn by the tenant, at the end of 14

days from the date of withdrawal;

(b) where the notice is confirmed by the Tribunal, at the end of 14

days from the date of determination of the appeal.

(8) The Principal Housing Officer or a tenant aggrieved by the decision of

the Tribunal may appeal to the Magistrates’ Court against the decision on a

point of law.

Appeal against direction under section 13 (rent arrears etc collection

order).

27.(1) A person aggrieved by a direction under section 13 may, within a

period of 21 days beginning with the date of service of the direction, appeal

to the Housing Tribunal.

(2) On an appeal the Tribunal may confirm, quash or vary the direction.

(3) If an appeal is brought, a direction does not become operative until—

(a) a decision on the appeal confirming the direction is given and

the period of 30 days within which an appeal to the

Magistrates’ Court can be brought expires without any such

appeal having been brought; or

(b) if a further appeal to the Magistrates’ Court is brought, a final

decision is given confirming the order.

(4) For the purposes of subsection (3), the withdrawal of an appeal shall

have the same effect as a decision confirming the direction appealed against.

Appeal against decanting notices and restoration, demolition or

stoppage orders.

28.(1) A person aggrieved by a notice under section 15 or by its variation or

revocation may, within a period of 21 days beginning with the date of service

of the notice, appeal to the Tribunal.

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(2) A person aggrieved by an order under sections 19, 20 or 21 may,

within a period of 21 days beginning with the date of service of the relevant

order, appeal to the Tribunal.

(3) On an appeal the Tribunal may confirm, quash or vary the notice or

order.

(4) If an appeal is brought, an order or notice (or a notice of its variation)

does not become operative until—

(a) a decision on the appeal confirming the order or notice (with or

without variation) is given and the period of 30 days within

which an appeal to the Magistrates’ Court can be brought

expires without any such appeal having been brought; or

(b) if a further appeal to the Magistrates’ Court can be and is

brought, a final decision is given in that appeal.

(5) For the purposes of subsection (4), the withdrawal of an appeal shall

have the same effect as a decision confirming the notice or order appealed

against.

(6) An appeal against a decision of the Tribunal upon an appeal brought

under this section shall be, on a point of law, to the Stipendiary Magistrate.

(7) The Stipendiary Magistrate shall hear and determine any question of

law on an appeal under subsection (6) and shall remit the case to the Tribunal

and to the server of the notice or order the subject of the original appeal to

the Tribunal, with his legal opinion thereon or make such order in relation to

the case as he may think fit.

Supplementary Provisions

Service of notice.

29.(1) A notice or direction under this Part shall be served

(a) by giving it to the tenant; or

(b) by sending it to the tenant by registered post or by recorded

delivery service; or

(c) failing both of the preceding methods, by the notice, order or

demand being attached to a conspicuous part of the tenant’s

premises where it is able to be read by persons entering therein.

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(2) An acknowledgement or certificate of delivery of a letter containing a

notice, order or demand issue by the Royal Gibraltar Post Office shall be

sufficient evidence of service.

Power to make regulations.

30. The Minister may make regulations for carrying the provisions of this

Part into effect, and without prejudice to the generality of this power may

make regulations—

(a) prescribing the conditions of occupation of premises by tenants

in addition to those set out in their agreement, subsisting on the

date of the coming into force of this Act, which shall prevail in

the event of any inconsistency between the regulations and the

agreement.

(b) prescribing any form of notice or direction required to give

effect to any provision of this Act;

(c) prescribing circumstances in which failure to occupy the

premises for 270 days or more in a year shall not render the

tenant liable to have his tenancy terminated;

(d) relating to persons who may occupy premises in the case of an

absent tenant (whether or not such tenant is entitled not to have

his tenancy terminated) and the terms and conditions of such

occupation;

(e) prescribing the functions of and procedure to be followed by the

Housing Allocation Committee, and the procedure to be

followed by the Principal Housing Officer in giving effect to the

provisions of this Part;

(f) relating to the storage of any goods or property removed from

any premises pursuant to section 10;

(g) relating to exchanges of premises by tenants, and the conditions

under which such exchanges may be approved;

(h) for appeals by any person aggrieved by the exercise of any

powers conferred by this Act;

(i) creating offences against such regulations and providing

penalties therefor;

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(j) generally, for the good rule and management of any public

housing or housing area, and the allocation of public housing.

Tenants associations.

31.(1) The tenants of a housing area may establish a tenants association to

represent and advance their collective interests as tenants of public housing

in that housing area and the Housing Authority shall consult with such

tenants association in relation to issues relating to that housing area.

(2) The Housing Authority shall recognise a tenants association that has

been established in accordance with the requirements of this section and shall

recognise only one tenants association as representative of a housing area.

(3) The name of the association shall be the name of the housing area

followed by the words “Tenants Association”.

(4) The provisions of Schedule 3 shall have effect with respect to the

functions of the association.

(5) The Minister may by Regulations make provision relating to the

constitution and proceedings of a tenants association to which this section

applies.

Right to buy.

32.(1) The Government may sell public housing to its tenants and may

create in favour of such tenants a right to buy such public housing at a

discount to its market value at such discount and otherwise on such terms

and conditions, including but not limited to resale restrictions, as the

Government considers appropriate.

(2) The proceeds of all sales under subsection (1) shall be reinvested in

public housing.

(3) The Government may make regulations prescribing the circumstances

in which the right to buy shall exist, the formula for the computation of the

sale price, the terms and conditions of such sale and applicable resale

conditions and restrictions.

PART II

Landlord and Tenant: Residential Premises

Interpretation.

33.(1) In this Part, unless the context otherwise requires–

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“communal services tenement” means a dwelling that is for the time being

declared by the Minister under section 39 to be a communal services

tenement;

“court” means the Supreme Court;

“dwelling” means domestic premises which are used exclusively for

residential purposes;

“financially dependent” means a person who is a member of the tenant’s

family who is in receipt of income below the amount prescribed

from time to time under this Act and was dependent on the tenant at

the time of the tenant’s death or departure under the terms of this

Act;

“former Act” means the Landlord and Tenant Act 1983, as amended;

“landlord” in relation to this Part, includes any person who under any

lease or tenancy agreement is entitled, as between himself and the

tenant or other lessee of the premises, to the rents and profits of the

demised premises that are payable under the lease or agreement;

“lease” or “tenancy agreement” includes every agreement for the letting of

any premises, whether it is oral or in writing;

“let” in relation to this Part, includes to sub-let, and “letting” includes a

sub-letting;

“Minister” means the Minister with responsibility for housing;

“mortgage” includes a charge, and also includes a lien;

“net annual value” has the same meaning as it has in section 294 of the

Public Health Act or any replacement or re-enactment thereof;

“notice to quit” means a notice to terminate a tenancy (whether it is a

periodical tenancy or a tenancy for a term of years certain) that is

given in accordance with the express or implied terms of the

tenancy;

“rateable value” in relation to a dwelling

(a) in the case of a dwelling that was first assessed on or before the

commencement of this Act, means the rateable value of those

premises on the commencement of this Act; and

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(b) in the case of a dwelling that was first assessed after the

commencement of this Act, means the rateable value of those

premises on the date on which they were first assessed;

“rates” means any general rate levied under section 271 of the Public

Health Act and any water rate levied under section 117 of that Act

or any replacement or re-enactment thereof

“recoverable rent”, in relation to a dwelling, means the maximum rent that

is recoverable from the tenant under this Act;

“Rent Assessor” means the rent assessor appointed under section 37;

“retail price index” means the average measure of change in the prices of

goods and services bought for the purposes of consumption by the

majority of households in Gibraltar as published on a quarterly basis

by notice in the Gazette;

“statutory rent” in relation to a tenancy of any dwelling, means the

statutory rent prescribed for the time being under this Act;

“tenancy” means a tenancy that is created, either immediately or

derivatively, out of–

(a) a tenancy held by any person from the Crown; or

(b) an estate in fee simple;

whether by way of a lease, or of an underlease, or of an agreement for a

lease or underlease or of a tenancy agreement; and also means, in relation to

a dwelling, a sub-tenancy; but does not mean in any case a mortgage term or

any interest arising in favour of a mortgagor by his attorning tenant to his

mortgagee;

“terms” in relation to a tenancy, includes conditions.

“Tribunal” means the Housing Tribunal established under section 82.

(2) In this Part, unless the context otherwise requires–

(a) references to the granting of a tenancy and to demised property

shall be construed by reference to the definition of the

expression “tenancy” in subsection (1); and

(b) the terms “landlord”, “mortgagee” and “mortgagor” include any

person from time to time deriving title under the original

landlord, mortgagee or mortgagor.

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Definition of “tenant”.

34.(1) In this Part, unless the context otherwise requires, “tenant”–

(a) includes in every case, a sub-tenant, and any person from time

to time deriving title under the original tenant;

(b) in relation to this Part means an individual and includes–

(i) the widow, widower or surviving civil partner, of a

tenant, if he or she was living with the tenant at the date

of the tenant’s death;

(ii) where the tenant leaves no widow, widower or surviving

civil partner, the member of the family of the tenant (if

any) determined in accordance with subsections (2) and

(3); and

(iii) where the tenant ceases to occupy the dwelling for a

reason prescribed for the purposes of this section, the

spouse or civil partner or other member of the family of

the tenant (if any) determined in accordance with

subsections (2) and (3);

(c) includes a person who immediately before coming into

operation of section 36A of the former Act was in lawful

occupation of premises registered under the provisions of the

Labour from Abroad (Accommodation) Act.

(2) For the purposes of this section, the expression “the member of the

family” means a son or daughter of the tenant who has lived with the tenant

for not less than 12 months immediately before the tenant’s death or

departure from the dwelling for a prescribed reason, and also means, where

there are no such sons or daughters, any other member of the family who has

so lived with the tenant and was at the time of the tenant’s death or

departure financially dependent on him.

(3) Where there is more than one member of the family to whom

subsection (2) applies, the expression “the member of the family” means–

(a) the one of those members who is determined by unanimous

agreement in writing between all of those members and served

on the landlord within 3 months after the death or departure

from the dwelling for a prescribed reason of the tenant; or

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(b) where those members cannot agree unanimously within that

period, the one of them who is designated as such for the

purposes of subsection (1) by the court, on an application made

by any of those members to it within 4 months after the death or

departure from the dwelling for a prescribed reason of the

tenant.

(4) In this section the expression “first tenant” shall include existing tenants

(as defined in Schedule 6) and new first tenants.

(5) Any person who after the commencement of this Act becomes a tenant

of a dwelling to which this Part applies shall for the purposes of this Part be

the new first tenant of the dwelling.

(6) Subject to subsection (8), the right to retain possession of a dwelling to

which this Part applies shall pass from the first tenant to the first successor

and then (if applicable) to the second successor in the manner specified in

subsection (7).

(7) On the death or departure from the dwelling for a prescribed reason of

the tenant under a statutory tenancy (in this subsection called “the first

successor”) whose right to retain possession by virtue of this Part or the

former Act arose on the death or departure from the dwelling for a

prescribed reason of the first tenant under a tenancy to which this Part or the

former Act applied, any member of the family of the first successor or (if

more than one) the one of them determined or designated in the manner

specified in subsection (3), shall be the second successor for the purposes of

this section and the right to retain possession by virtue of this Part shall pass

to him.

(8) In the case of a new first tenant the right to retain possession of a

dwelling to which this Part applies shall pass from the new first tenant to the

first successor only.

Application to the Crown.

35.(1) Subject to subsection (2), but notwithstanding any other rule of law,

where there subsists or at any material time has subsisted, in relation to any

dwelling, an interest belonging to the Crown, those premises shall be a

dwelling to which this Part applies, to the same extent as they would be if no

such interest had subsisted in relation to those premises.

(2) Where a tenant holds his interest as tenant, in any dwelling to which

this Part applies, directly from the Crown, that Part shall not apply to that

tenant or tenancy, but nothing in this subsection shall restrict the application

of this Part to any other tenant or tenancy where the other tenancy is not

held directly from the Crown.

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Forfeiture clauses in Crown leases.

36.(1) This section applies to every tenancy where the interest of the

Landlord belongs to the Crown.

(2) Notwithstanding any provisions of this Part to the contrary, where the

lease creating a tenancy to which this section applies, provides for a right of

entry or forfeiture for a breach by the lessee of any covenant or condition of

the lease, and the lessee is in breach of such covenant or condition for a

period of not less than three months–

(a) the provisions of section 14 of the Conveyancing and Law of

Property Act 1881 of the United Kingdom (44 and 45 Vict. Ch.

41) shall not have effect, and

(b) the right of entry or forfeiture shall be enforceable against the

lessee.

Rent Assessor.

37.(1) The Minister shall appoint a fit and proper person to be the Rent

Assessor.

(2) The Minister may, by regulation, prescribe fees to be charged, by

whom such fees shall be payable, and to whom they shall be paid in respect

of any of the several matters, which by virtue of the provisions of this Part,

may be referred to the Rent Assessor.

Functions and powers of Rent Assessor.

38.(1) The Rent Assessor shall have such functions and powers as are

conferred on him by this Act or by regulations made under this Part.

(2) Except as otherwise provided for in this Act, the functions and powers

of the Rent Assessor shall be exercisable by him, in relation to a tenancy, on

the application of the landlord or the tenant.

Communal services tenements.

39. The Minister may from time to time, by notice in the Gazette, declare to

be a communal services tenement for the purposes of this Part any dwelling

where–

(a) the dwelling forms part of premises let in parts as dwellings; and

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(b) the tenant of the dwelling shares lavatory facilities in common

with other tenants of a dwelling in the same premises.

Application of this Part.

40.(1) Subject to the provisions of this Act, this Part shall apply to dwellings

but only to the following extent, namely—

(a) it shall apply to every dwelling that has been erected on or

before the 1 st March 1959; and

(b) it shall apply to such a dwelling, if but only if it is let as a

separate dwelling; and

(c) it shall apply to every part of such a dwelling that is let as a

separate dwelling, as if that part were a separate dwelling;

and every such dwelling or part of a dwelling shall be deemed to be a

dwelling to which this Part applies.

(2) Any room in a dwelling that is subject to a separate letting, wholly or

partly, as a dwelling shall for the purposes of this Part be treated as a part of

a dwelling let as a separate dwelling.

(3) The application of this Part to a dwelling house shall not be excluded

by reason only of the fact that part of the premises is used as business

premises.

(4) Where any land or premises are let together with a dwelling and the

rateable value of the land or premises, if let separately, would be less than 25

percent of the rateable value of the dwelling, if let separately, the land or

premises shall for the purposes of this Part be treated as part of the dwelling.

(5) Except as provided in subsection (4), this Part shall not apply to a

dwelling that is let together with land other than the site of the dwelling.

(6) Where, in order to determine the rateable value of a dwelling, it is

necessary to apportion the rateable value of the property in which the

dwelling is comprised–

(a) the court may on application by either party make such

apportionment as it considers just; and

(b) the decision of the court as to the amount to be apportioned to

the dwelling shall be final and conclusive.

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(7) “current year” for the purposes of this section, means the year in which

a matter is referred under this Part to the Rent Assessor or to the Tribunal or

in any application of the provisions of this Part, the year in which that

application was first made.

(8) This Part shall not apply to any dwelling house that has been erected

after the 1 st March 1959, or to any tenancy to which the former Act did not

apply.

(9) This Part shall not apply to a dwelling

(a) which upon the coming into effect of this Act is vacant;

(b) which upon the coming into effect of this Act was in the

occupation of the beneficial owner thereof or where there is

more than one beneficial owner, was in the occupation of one of

them; or

(c) which has never been the subject of a tenancy to which the

former Act applied.

(10) Upon application of the landlord, and upon being satisfied that any of

the circumstances described in subsection (8) or (9) exist, the Rent Assessor

shall issue a certificate to the effect that the dwelling is a dwelling to which

this Part does not apply, and such a certificate shall be conclusive on that

issue absent manifest error, but the absence of such a certificate shall not

detract from the non-applicability of this Part to such dwelling.

Statutory rent.

41.(1) Except where otherwise provided in this Act, the statutory rent of

any dwelling to which this Part applies shall be the rent appropriate to that

dwelling as assessed by the Rent Assessor in accordance with the criteria set

out in Part 1 of Schedule 4 and such further criteria as may be prescribed.

(2) The application for assessment by the Rent Assessor under subsection

(1) shall be in such form and be undertaken in such manner as may be

prescribed in regulations.

(3) On determination of an application for assessment the Rent Assessor

shall issue to the landlord (and tenant, if, any) a notice in the form prescribed

setting out his determination whereupon the rent assessed in the notice shall

become the statutory rent of the dwelling until further determination under

the provisions of this Act.

(4) An assessment of rent shall be valid for a period of three years from the

date of the notice issued under subsection (3).

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(5) Notwithstanding any provision of this section the issue of a notice of

assessment shall not prevent any application under sections 43 or 49.

(6) There shall be a Register of Assessed Rent which will be available to

the public for inspection on payment of the prescribed fee and which shall

contain such particulars of rents assessed under this section as may be

prescribed.

(7) Subject to subsections (10) and (11) and Schedule 6, the statutory rent

of any dwelling to which this Part applies and in respect of which a tenancy

was in existence immediately before the commencement of this Act shall be

the rent appropriate to that dwelling as calculated in accordance with Part II

of Schedule 4.

(8) Notwithstanding subsection (7), in the case of any tenancy in existence

immediately before the commencement of this Act

(a) where the Rent Assessor is satisfied, having regard to all the

circumstances of the case, including the design, condition and

location of the dwelling, that it is reasonable to do so, he may

increase or decrease the statutory rent of that dwelling, as

calculated in accordance with subsection (7), by not more than

25 per cent; and

(b) where the Rent Assessor is satisfied that the landlord has, in the

circumstances specified in section 46 carried out substantial

repairs to a dwelling (other than works described in section

43(3) at any time before the 1st January 2007 he may increase

the statutory rent by not more than 40 percent of the amount of

the existing rent.

(9) The Rent Assessor may only exercise his powers under subsection (8)

once in respect of any dwelling.

(10) Where at the time of commencement of this Act a tenancy was held

under the provisions of section 15 of the former Act the rent so determined

under the former Act shall be the statutory rent under this Act.

(11) Subject to section 63 and to any Regulations made under section 76

where at the time of commencement of this Act a tenancy was held under the

provisions of section 36A of the former Act the statutory rent under this Act

shall be the higher of the rent appropriate to that dwelling as calculated in

accordance with Part II of Schedule 4 or the actual rent being paid at the

commencement of this Act and all remaining tenants of that dwelling shall be

jointly and severally liable therefor.

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(12) The statutory rent for a dwelling to which subsections (1), (7), (10) or

(11) apply shall be reviewed annually on the 1st January in each calendar

year and increased by the percentage by which the retail price index has

increased during the preceding twelve months or by such greater percentage

as the Minister may prescribe by notice in the Gazette— provided that in the calendar year of commencement of this Act the Minister

may prescribe any such increase in statutory rents at anytime after such

commencement and such increased rents shall become payable by the tenant

as from such date as the Minister may prescribe.

(13) Any person aggrieved by an assessment of the Rent Assessor under

subsection (1), may appeal to the Tribunal by filing notice of appeal in the

prescribed form within 21 days of such assessment.

(14) On an appeal under subsection (13), the Tribunal shall have the same

powers as it has when considering applications under section 58.

Rating adjustments.

42. Where the rates payable in respect of any dwelling that is a communal

services tenement are increased or decreased, the statutory rent of the

dwelling shall be increased or decreased by the same amount.

Adjustments for improvements.

43.(1) Subject to the provisions of this section, on application by the

landlord, the Rent Assessor may increase the existing statutory rent of any

dwelling where the Rent Assessor is satisfied that the landlord has since the

commencement of the former Act incurred expenditure on improving or

structurally altering the dwelling.

(2) The Rent Assessor shall not under subsection (1) increase the statutory

rent of any dwelling–

(a) by any amount exceeding the rate of 8 per cent per annum of

the amount expended; or

(b) in respect of any expenditure for which he has granted an

increase under section 41(8); or

(c) where the tenant proves that the expenditure was unnecessary

and that he was the tenant at the time of the expenditure and did

not consent in writing to the work.

(3) Where the works have been carried out by the landlord in consequence

of a notice served on him under the Public Health Act on the ground that the

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dwelling is not in all respects reasonably fit for human habitation, or that its

condition constitutes a nuisance, the Rent Assessor shall not under

subsection (1) increase the statutory rent in respect of such expenditure

unless, on application by the landlord, the Rent Assessor is satisfied–

(a) that the condition of the dwelling is due wholly or partly to the

tenant’s neglect, default or breach of express agreement; or

(b) that for any other reason it is equitable that an increase should

be made.

Restrictions on rent increases.

44.(1) Notwithstanding any agreement to the contrary, where a landlord

desires to increase the rent payable by a tenant in respect of a tenancy of a

dwelling to which this Part applies–

(a) the landlord shall first give notice of his intention to do so to the

tenant; and

(b) no such increase shall be due or recoverable until or in respect

of any period prior to the expiration of 3 months after the date

of the service of the notice on the tenant.

(2) Notwithstanding subsection (1), where an increase is permitted under

section 42 (which relates to rates) only 2 weeks’ notice of the landlord’s

intention shall be required.

(3) Notwithstanding subsection (1), where an increase is permitted by

section 41(12) (which relates to annual increases in the statutory rent), such

increased rent shall be due and payable with effect from 1st January or such

other date as the Minister may prescribe in each year without need for notice.

Restrictions on recovery of possession.

45.(1) No order or judgment for the recovery of possession of any dwelling

to which this Part applies or for the ejectment of a tenant therefrom shall be

made or given, unless the court considers it reasonable to make such an

order or give such a judgment and either–

(a) the court has power so to do under the provisions of Schedule

5; or

(b) the court is satisfied that suitable alternative accommodation is

available for the tenant or will be available for him when the

order or judgment takes effect.

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(2) A certificate issued by the Rent Assessor, certifying that suitable

alternative accommodation is available for the tenant by a date specified in

the certificate, shall be conclusive evidence that suitable accommodation will

be available for him by that date.

(3) Where no such certificate is produced to the court, accommodation

shall be suitable if–

(a) it consists either–

(i) of a dwelling to which this Part applies; or

(ii) of premises to be let as a separate dwelling on terms

which will, in the opinion of the court, afford to the

tenant security of tenure reasonably equivalent to the

security afforded by this Part in the case of dwellings to

which this Part applies; and

(b) it is, in the opinion of the court either–

(i) similar, as regards the rental and extent to the

accommodation afforded by dwellings provided by the

Government for persons whose needs as regards extent

are, in the opinion of the court, similar to those of the

tenant and his family; or

(ii) otherwise reasonably suitable to the means of the tenant

and to the needs of the tenant and his family as regards

extent and character.

(4) For the purposes of subsection (3), a certificate of the Rent Assessor

stating–

(a) the extent of the accommodation afforded by dwellings

provided by the Government to meet the needs of tenants with

families of such numbers as may be specified in the certificate;

and

(b) the amount of the rents charged by the Government affording

accommodation of that extent;

shall be conclusive evidence of the facts so stated.

(5) Where–

(a) an application is made for an order or judgment for recovery of

possession of a dwelling to which this Part applies; or

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(b) any such order or judgment is made or given; or

(c) an order or judgment for the ejectment of a tenant from any

such dwelling is given or made;

the court at any time before execution of the order or judgment (whether or

not the application, order or judgment has been made before or after the

commencement of this Act) may adjourn the application, or stay or suspend

execution on the order or judgment, or postpone the date of possession for

such period or periods as it thinks fit, subject to such conditions (if any) in

regard to payment by the tenant of any arrears of rent, rates, or mesne

profits, and subject to such other conditions (if any) as the court thinks fit,

and, if those conditions are complied with, the court may, if it thinks fit,

discharge or rescind any such order or judgment.

(6) Where–

(a) any order or judgment has been made or given before the date

of commencement of the Act but not executed; and

(b) in the opinion of the court, the order or judgment would not

have been made or given if this Part had been in force at the

time when the order or judgment was made or given;

the court may, on application by the tenant, rescind or vary the order or

judgment in such manner as the court thinks fit for the purpose of giving

effect to this Part.

(7) Notwithstanding any provision to the contrary in the Supreme Court

Act—

(a) every warrant for delivery of possession of any dwelling to

which this Part applies; and

(b) every warrant to enter and give possession of any such

dwelling,

shall remain in force for 3 months from the day next after the last day named

in the order or judgment for delivery of possession or ejectment and for such

further period or periods, if any, as the court may from time to time (whether

before or after the expiration of that period of 3 months) direct.

(8) Where a landlord has obtained an order or judgment for possession or

ejectment under this section on any of the grounds specified in paragraphs (f)

and (g) of Schedule 5 and it subsequently appears to the court that the order

or judgment was obtained by misrepresentation or the concealment of

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material facts, the court may order the landlord to pay the former tenant such

sum as appears sufficient as compensation for damage or loss sustained by

that tenant as the result of the order or judgment.

(9) Notwithstanding anything to the contrary in the original contract of

tenancy, or in any other provision in this Part, a landlord who obtains an

order or judgment for the recovery of possession of a dwelling to which this

Part applies, or for the ejectment of the tenant, shall not be required to give

any notice to quit to the tenant.

(10) Where, in accordance with the provisions of any other Act, an order is

made by any court for the demolition of a dwelling and that court was

satisfied that the demolition of that dwelling was in whole or in part

necessitated by the failure of the landlord to maintain such dwelling, or the

premises in which it is situated, in a fit and proper condition, the provisions

of this section shall apply in so far as they relate to the provision of suitable

alternative accommodation for the tenant.

Temporary repossession to carry out repairs.

46.(1) Notwithstanding any other provision in this Act, where—

(a) a court has ordered the landlord of a dwelling to which this Part

applies to carry out any repairs to the dwelling; and

(b) it is necessary, in order to carry out the repairs, for the landlord

to occupy temporarily any part of it that is in the possession of

the tenant; and

(c) the court is satisfied that suitable temporary accommodation is

available for the tenant, at a rent not in excess of that being

currently paid by the tenant, while the repairs are carried out, or

will be so available when any order made under this subsection

takes effect;

the court may make an order requiring the tenant to vacate the dwelling

temporarily in order that the repairs may be carried out by the landlord.

(2) An order under subsection (1) may be made against any sub-tenant of

the dwelling or of any part of it to which this Part applies in the same manner

as it may be made against the tenant.

(3) An order under subsection (1) shall not terminate the tenancy of any

tenant or the sub-tenancy of any sub-tenant.

(4) Where the landlord fails, within such time as the court thinks

reasonable after the making of an order under subsection (1), to carry out the

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repairs to which the order relates, the court may on the application of the

tenant or of any sub-tenant–

(a) order the landlord to withdraw from temporary occupation of

the dwelling, or of any sub-let part of it, within such period as

the court specifies; or

(b) make such other order as the court thinks just.

(5) A landlord who fails to comply with an order made against him under

subsection (4) shall be liable to attachment.

Acceptance of rent after notice to quit.

47. Where the landlord of a dwelling to which this Part applies has served a

notice to quit on a tenant, the landlord may accept rent from the tenant for

any period, not exceeding 3 months from the expiry of the notice, without

prejudicing his right to possession of the premises.

Restrictions on distraint.

48.(1) No person may levy distress for the recovery of any rent for a

dwelling to which this Part applies, without the leave of the court.

(2) On an application for leave under subsection (1), the court shall have

the same powers of adjournment, stay, suspension, postponement, imposition

of conditions, discharge, rescission and variation as it has under section 45

on applications for the recovery of possession.

Application for decontrol.

49.(1) Where a dwelling to which this Part applies becomes vacant after the

commencement of this Act; and—

(a) works or structural alterations of a type and standard prescribed

by regulations have been carried out to the dwelling; and

(b) the effect of the works or structural alterations are that they

shall substantially improve the condition, size or amenities of

the dwelling;

the landlord may make an application to the Rent Assessor who shall, if he is

satisfied that the requirements of this section have been met, issue a

certificate under this section certifying that this Part shall not apply to the

dwelling.

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(2) If works or structural alterations such as are referred to in subsection

(1) are to be carried out, the landlord may apply to the Rent Assessor for

confirmation that if certain specified works are carried out to the satisfaction

of the Rent Assessor, the Rent Assessor will upon completion of those

works issue a certificate under subsection (1) and the landlord shall be bound

by any such certificate.

(3) An application under subsection (1) or (2) may be made by a landlord

in respect of a dwelling that is not vacant at the time of the application if and

only if

(a) the tenant of the dwelling signifies his consent in writing; or

(b) in the absence of such consent if the Rent Assessor is satisfied

that the proposed works or structural alterations shall not

commence until the said dwelling is vacant and that no undue

hardship will be caused to any tenant of the dwelling by the

proposed works or structural alterations; or

(c) the tenant has been relocated to alternative accommodation

with his consent or in the absence of his consent by order of the

court that may only be granted after taking into account such

factors and in such circumstances as may be prescribed.

(4) In determining whether a certificate should be issued under subsection

(1), the Rent Assessor—

(a) may take into account the standard of such Government

housing as may be appropriate as comparables to assist in the

making of his determination; and

(b) shall take into account such other factors or other matters as

may be prescribed.

(5) Subject to subsection (6), a certificate issued under this section shall

take effect from the date, as determined by the Rent Assessor, on which the

works or structural alterations were completed.

(6) Where a certificate is issued under this section in respect of any works

or structural alterations that are to be carried out, the determination shall

have effect from the date on which the structural alterations are completed,

as certified by the Town Planner.

(7) When a certificate made under this section comes into effect the

premises to which it relates shall thereupon cease to be a dwelling to which

this Part applies.

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(8) Any person aggrieved by a decision of the Rent Assessor under this

section may appeal to the Tribunal by filing notice of appeal with the

secretary of the Tribunal in the prescribed form within 21 days of the date on

which such decision or confirmation is notified to him.

(9) On an appeal under this section the Tribunal may confirm, vary or

quash the decision of the Rent Assessor and if deciding to vary or quash any

decision may do so on such terms as it considers appropriate.

(10) Notice and copies of all applications for decontrol, for applications for

confirmation under subsection (2) and of decisions of the Rent Assessor shall

be given to the tenant of every dwelling affected thereby.

Prohibition on assignment and sub-letting etc.

50.(1) No tenant of a dwelling to which this Part applies shall after the date

on which this Act comes into effect, assign any tenancy or sub-let any part of

the dwelling or part with exclusive possession of any part thereof on licence

or any other terms.

(2) A tenant who contravenes subsection (1) is guilty of an offence and is

liable on summary conviction to a fine at level 2 on the standard scale.

Increased statutory rent where premises sub-let.

51.(1) Where the tenant of a dwelling to which this Part applies has before

the commencement of this Act, sub-let any part of the dwelling the statutory

rent shall be deemed to have been increased as from the date of

commencement of this Act by the amount of the rent received by the tenant

from the sub-letting.

(2) Subject to subsection (3), the amount of the increase shall be due and

recoverable by the landlord from the tenant, and such increase shall have

effect as long, but only as long, as the sub-tenancy continues.

(3) No amount shall be recoverable under this section in respect of any

period exceeding 12 months.

Recovery of excessive rent on sub-let part.

52.(1) Where, in any proceedings, it appears to the court either–

(a) that no apportionment of the statutory rent has been made as

between the dwelling and the part sub-let; or

(b) that no determination of the recoverable rent of the sub-let part

has been made;

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the court shall make the apportionment or determination, whether or not it

makes or gives an order or judgment for recovery of possession or

ejectment.

(2) Where–

(a) the statutory rent has been apportioned (under subsection (1) or

otherwise) as between the dwelling and the part sub-let, or the

recoverable rent for the sub-let part has been determined (under

subsection (1) or otherwise); and

(b) the tenant thereafter (at a date after the commencement of this

Act) charges for the sub-let part a rent that exceeds the

recoverable rent for that part;

the tenant is guilty of an offence and is liable on summary conviction to a fine

at level 2 on the standard scale.

(3) It shall be a defence to a charge under subsection (2) if the tenant

proves that–

(a) he did not at any material time know the recoverable rent of the

part sub-let; and

(b) he could not by reasonably inquiry have ascertained the

recoverable rent; and

(c) the charging of the excess rent was the result only of accidental

miscalculation.

Sub-tenant’s option to take surrendered tenancy.

53.(1) Where–

(a) a tenant of a dwelling to which this Part applies has prior to the

date of commencement of this Act lawfully sub-let any part of

the dwelling; and

(b) the sub-let part is also a dwelling to which this Part applies; and

(c) the tenant has surrendered his tenancy;

the sub-tenant shall have the first option, exercisable in accordance with

subsection (2), to take over the surrendered tenancy.

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(2) Before re-letting the dwelling the tenancy of which has been

surrendered, the landlord shall serve notice in writing in the prescribed form

on the sub-tenant of the surrender of the tenancy and the sub-tenant shall, if

he wishes to do so, exercise the option in writing served on the landlord

within 14 days after the landlord serves the notice under this subsection on

him.

(3) Where there is more than one sub-tenant to whom subsection (1)

refers–

(a) the landlord shall serve notice under subsection (2) on every

such sub-tenant; and

(b) if more than one sub-tenant exercises his option under

subsection (2), the court shall in the absence of agreement

between the landlord and the sub-tenants determine which sub-

tenant shall become the tenant; and

(c) each sub-tenant who exercises his option shall be jointly and

severally liable, with every other sub-tenant who exercises his

option, to the landlord for the payment of the statutory rent for

the tenancy for the period from the date of its surrender until

the date of the agreement or determination.

(4) Notwithstanding any other provision in this section, where the Tribunal

is satisfied, on the application of the landlord, that he requires the dwelling

for occupation as a residence for–

(a) himself; or

(b) any son or daughter of himself or of his wife or civil partner

who is over the age of 18 years;

no option shall be exercisable under this section by a sub-tenant and any

option exercised before the making of an application under this section shall

be of no effect.

Sub-lettings after the date of commencement void.

54.(1) Any sub-letting of all or part of a dwelling to which this Part applies

after the date of commencement of this Act shall be void.

(2) The landlord of any dwelling or part thereof which has been unlawfully

sub-let, and which sub-letting is void under subsection (1), shall be entitled

to regain possession of the dwelling or part thereof, as the case may be.

Conditions of statutory tenancies.

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55.(1) Where a tenant by virtue of this Part retains possession of any

dwelling to which this Part applies–

(a) he shall, so long as he does so, observe and be entitled to the

benefit of all the terms and conditions of the original contract of

tenancy, to the extent that they are consistent with this Part; and

(b) he may only give up possession (unless the landlord otherwise

agrees) on giving such notice as he is required to give for that

purpose under the original contract of tenancy; and

(c) he shall not, as a condition of giving up possession, ask or

receive the payment of any consideration by any person other

than the landlord; and

(d) where, as a condition of giving up possession, he requires that

any furniture or other article shall be purchased

(i) he shall state the price he demands, if he is requested to

do so by the person of whom the demand is made; and

(ii) he shall not demand or accept a price exceeding the

reasonable price of the furniture or article.

(2) A tenant who contravenes subsection (1)(c) or (d) is guilty of an

offence and is liable on summary conviction to a fine at level 2 on the

standard scale.

(3) Where a tenant is convicted of an offence against subsection (2), the

court by whom he is convicted may, in lieu of any other method of recovery

under this Act, order him to repay to the person from whom he has received

it–

(a) the value of any consideration referred to in paragraph (c) of

subsection (1); or

(b) the amount by which the price of any furniture or other article

referred to in paragraph (d) of subsection (1) exceeds its

reasonable price;

as the case requires.

(4) In every tenancy of a dwelling to which this Part applies, the following

conditions shall apply—

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(a) the landlord shall insure the dwelling (but not its contents)

against loss or damage by fire; and subject to paragraph (b)

where fire destroys the dwelling, and the landlord rebuilds it,

the tenant shall be entitled to the first option to take a tenancy

of the rebuilt dwelling, which option shall be exercisable within

one month after the landlord notifies the tenant that the

dwelling has been rebuilt;

(b) the tenant shall not be entitled to the option described in

paragraph (a) if the landlord makes suitable alternative

accommodation available to the tenant, and for these purposes

suitable alternative accommodation has the same meaning as in

section 45;

(c) the tenant shall be liable to maintain all electrical installations

and interior fixtures and fittings in good repair, in accordance

with the provisions of Schedule 7;

(d) the tenant shall allow the landlord access to the dwelling and all

reasonable facilities in order to carry out any repairs that the

landlord is entitled or obliged to carry out.

(5) Nothing in subsection (4)(c) shall relieve any person from liability for

negligence.

Statement as to statutory rent.

56. A landlord of any dwelling to which this Part applies shall, on being so

requested in writing by the tenant of the dwelling, supply him with a

statement in writing as to what is the statutory rent of the dwelling, and if,

without reasonable excuse, he either fails within 14 days to do so, or supplies

a statement which is false in any material particular, he is liable on summary

conviction to a fine at level 4 on the standard scale.

Rent record and tenancy particulars.

57.(1) The landlord of a dwelling to which this Part applies shall–

(a) keep a written record of all rent paid by the tenant;

(b) provide a receipt to the tenant for all rent paid;

(c) produce a copy of the said record to the Rent Assessor at the

request of the Rent Assessor.

(2) The landlord shall provide to the tenant in writing a statement of the

prescribed particulars in respect of the tenancy and any changes thereto.

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(3) If the landlord fails to comply with any of the requirements of this

section, he, and any person who on his behalf demands or receives rent in

respect of the dwelling, is, in respect of each week in which the failure

occurs or continues, guilty of an offence and is liable on summary conviction

to a fine at level 1 on the standard scale.

(4) If–

(a) any person in any written record of rents paid or similar

document makes an entry showing or purporting to show any

tenant as being in arrear in respect of any sum which by virtue

of this Part is irrecoverable; or

(b) where any such entry has been made by or on behalf of any

landlord, if the landlord on being requested by or on behalf of

the tenant so to do, refuses or neglects to cause the entry to be

deleted within 7 days;

that person is guilty of an offence and is liable on summary conviction to a

fine at level 4 on the standard scale.

(5) It shall be defence to a charge under subsection (4) that the defendant

believed bona fide that the rent was recoverable.

Reference to Tribunal to determine rent.

58.(1) Where any contract, has, whether before or after the commencement

of this Part, been entered into whereby a dwelling to which this Part applies

has been let, then subject to the provisions of this section, the landlord or the

tenant may in the prescribed form apply to the Tribunal to determine—

(a) what is the correct amount of the statutory rent payable in

respect of the dwelling under this Part; and

(b) whether and to what extent the amount of the statutory rent as

so determined may be increased or decreased in accordance

with this Part.

(2) The Tribunal shall not be required to entertain an application under this

section if it is satisfied, having regard to the length of time that has elapsed

since any previous application made by the same party and to any other

circumstances, that the application is frivolous or vexatious.

(3) On hearing an application under this section, the Tribunal shall

determine the statutory rent of the dwelling to which the application relates

in accordance with the criteria laid down in this Part.

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(4) In any proceedings before the Tribunal under this section, where the

landlord and the tenant are in dispute as to the amount of the statutory rent

for the dwelling to which the application relates, the onus shall be on the

landlord to prove the correct amount of the statutory rent.

(5) Where the Tribunal determines the statutory rent in respect of any

dwelling under this section, that rent shall be the statutory rent for the

dwelling as at the date at which it is to be determined.

Recovery of rent.

59.(1) Notwithstanding any agreement to the contrary, where the rent of any

dwelling to which this Part applies exceeds the rent that is for the time being

permitted under this Part, the amount of the excess shall be irrecoverable

from the tenant.

(2) Where any sum has been paid on account of any rent, being a sum

which is under this Part irrecoverable from the tenant, the sum so paid shall

be recoverable from the landlord who received the payment or from his legal

personal representative, and any such sum may, without prejudice to any

other method of recovery, be deducted by the tenant from any rent payable

by him to the landlord.

(3) Any sum paid by a tenant which under subsection (1) is recoverable by

the tenant shall be recoverable at any time within 6 months from the date of

payment, but not afterwards.

Premiums.

60.(1) Subject to the provisions of this section, a person shall not as a

condition of the grant, renewal or continuance of a tenancy of a dwelling to

which this Part applies, require the payment of any premium in addition to

the rent.

(2) Notwithstanding the provisions of subsection (1) where the rent

payable under the terms of a tenancy includes payments in respect of the use

of furniture, the grantor of the tenancy may require—

(a) that there shall be paid to the grantor so much of the outgoings

discharged by him as is referable to any period after the grant

takes place; or

(b) that there shall be paid to the grantor a reasonable amount in

respect of goodwill of a business, trade or profession, being

goodwill transferred to the tenant in connection with the grant

or accruing to him in consequence thereof.

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(3) Where after the date of commencement of this Part, any premium has

been paid which, or the whole of which, could not lawfully be required under

this section, the amount of the premium or so much of it as could not

lawfully be required or have been required, as the case may be, shall be

irrecoverable by the person by whom it was paid.

(4) A person requiring any premium in contravention of this section is

guilty of an offence and is liable on summary conviction to a fine at level 5

on the standard scale, and the court by which he is convicted may order the

amount of the premium, or so much of it as cannot lawfully be required

under this section, to be repaid to the person by whom it was paid.

(5) Nothing in this section shall render any amount recoverable more than

once.

(6) Where the purchase of any furniture or other articles is required as a

condition of the grant, renewal, or continuance of a tenancy of a dwelling to

which this Part applies, the price demanded shall, at the request of the person

on whom the demand is made, be stated in writing, and, if the price exceeds

the reasonable value of the articles, the excess shall be treated as if it were a

fine or premium required to be paid as a condition of the grant, renewal, or

continuance, and the provisions of this section, including penal provisions,

shall apply accordingly.

Jurisdiction to grant possession.

61. The court shall have jurisdiction to hear and determine any action for the

recovery of possession of a dwelling to which this Part applies.

Rent relief.

62.(1) A tenant of any dwelling to which this Part applies and in respect of

which the rent payable does not exceed the statutory rent specified in

Schedule 4, may if his household income is below the prescribed amount

apply to the Principal Housing Officer in such form as may be prescribed for

rent relief in accordance with the rules and formulae prescribed in that

respect.

(2) Any person aggrieved by the decision of the Principal Housing Officer

as to his entitlement to receive rent relief under this section or as to the

amount of such relief allowed by the Principal Housing Officer, may within

21 days of receipt of the decision, appeal to the Housing Tribunal.

(3) On hearing the appeal, the Tribunal may, subject to the prescribed

terms and conditions, confirm, vary or quash the assessment of the Principal

Housing Officer.

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(4) The amount of any rent relief which is allowed under this section shall

be paid by the Principal Housing Officer to the tenant by way of subsidy of

the rent payable by the tenant in respect of the dwelling.

(5) Rules relating to rent relief under this section may, inter alia, make

provision precluding from entitlement to such relief any tenant who is

directly or indirectly through an interest in a legal entity the owner or part

owner of the dwelling or related to such owner by family tie, as may be

prescribed or any tenant in respect of a dwelling which is not occupied by

him as his principal residence.

Register of section 41(11) tenancies.

63.(1) There shall be a register of tenancies which at the commencement of

this Act were held under section 36A of the former Act.

(2) The Rent Assessor shall keep a register in the prescribed form and shall

enter in the register the details of any tenancy that is required to be registered

under this section.

(3) Every tenancy to which this section applies, being a tenancy that has

commenced on or before the commencement of this Act, shall be registered

by the landlord or by the tenant in the prescribed manner within 3 months

after the commencement of this Act.

(4) If the tenancy is not registered within the period required by subsection

(3), the statutory rent of the tenancy shall be assessed by the Rent Assessor

in accordance with the provisions of section 41(1).

(5) Where during the period of any tenancy that is to be registered under

this section, any change occurs in the particulars of the tenancy (being

prescribed particulars), the landlord shall within one month of the date of

change notify the Rent Assessor in writing of the change, and the Rent

Assessor shall amend the register accordingly.

(6) The register shall be open to inspection by any member of the public on

payment of the prescribed fee.

(7) Any person who—

(a) fails to comply with any requirement imposed on him by any of

subsections (3) or (5);

(b) for the purposes of or in connection with the registration of a

tenancy, or having been required under this section to provide

any information, knowingly provides any information that is

untrue;

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is guilty of an offence and is liable on summary conviction to a fine at level 4

on the standard scale.

Restriction on right to possession in certain cases.

64.(1) Where proceedings are taken against a tenant of any premises to

which this Part applies for the recovery of possession of the dwelling or for

the ejectment of the tenant, and it appears to the court that the proceedings

are harsh or oppressive or that exceptional hardship would be caused to the

tenant by the making or giving of an order or judgment for possession or

ejectment, the court may refuse to make or give such an order or judgment

or may adjourn the application for or stay or suspend execution of any such

order or judgment or postpone the date of possession for such period or

periods, and subject to such conditions as it thinks proper, and, if such

conditions are complied with, the court may, if it thinks fit, discharge or

rescind any such order or judgment.

(2) For the purpose of the exercise of its jurisdiction under this section, the

court may direct that the tenancy shall be treated as a subsisting tenancy

notwithstanding the determination of the same by any notice to quit or

similar notice or otherwise and may set aside and annul any such notice

accordingly, and shall, subject to the provisions of this Part, have power to

determine what increase of rent (if any) is fair and reasonable, having regard

to the character and condition of the premises and the rents of similar

premises in the locality.

(3) The court shall not exercise any of its powers under subsections (1) or

(2) in any case where it is satisfied that greater hardship would be caused to

the landlord by the exercise of the power than would be caused to the tenant

by the refusal to exercise it.

(4) In any such proceedings, an order or judgment for possession or

ejectment against the tenant of the premises shall not, unless the court

otherwise directs, be operative against a tenant of a part of the premises

which is lawfully sub-let to him, and the court shall, in relation to that part of

the premises and the tenant thereof, have the same powers and jurisdiction as

it has in relation to the whole premises and the tenant thereof.

(5) In order to assist the court in the determination of questions arising

under this Part in relation to the rent, character or condition of premises, the

Minister may establish reference committees to whom such questions may be

referred by the court for consideration and report.

Compensation for possession obtained by misrepresentation.

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65.(1) Where under section 45 an order is made for the recovery of property

comprised in a tenancy the court refuses an order for the grant of a new

tenancy and it is subsequently made to appear to that court that the order

was obtained, or the court was induced to refuse the grant, by

misrepresentation or the concealment of any material fact, the court may

order the landlord to pay to the tenant such sum as appears sufficient as

compensation for damage or loss sustained by the tenant as the result of the

order or refusal.

(2) In this section the expression “the landlord” means the person applying

for possession or opposing an application for the grant of a new tenancy, and

the expression “the tenant” means the person against whom the order for

possession was made or to whom the grant of a new tenancy was refused.

Power to issue notices and summonses.

66.(1) For the purpose of determining any application made to it under the

provisions of this Act, the Tribunal may–

(a) require either party to give to it within such period as may be

specified in the notice (not being less than 7 days from the date

of the service of the notice) such information as it may

reasonably require and specify in the notice, relating to the

contract or to the dwelling or the personal circumstances of the

applicant and his family; and

(b) refer any question relating to the measurement of the dwelling

or part thereof, the subject of the application, to a qualified

surveyor or engineer; and

(c) summon any person to appear before it to give evidence on oath

or to produce any document, for which purposes it shall have

all the powers of the magistrates’ court.

(2) Any summons or notice by the Tribunal under subsection (1) shall be

signed by the person presiding and may be served either personally or by

post.

Errors in notice of increase.

67.(1) Where a court of competent jurisdiction or the Tribunal is satisfied

that any error or omission in a notice of intention to increase rent (whether

served before or after the commencement of this Act) is the result of a bona

fide mistake on the part of the landlord–

(a) the court or the Tribunal may amend the notice by correcting

the error or supplying the omission on such terms and

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conditions, in relation to arrears of rent or otherwise, as it

considers just and reasonable; and

(b) if the court or Tribunal so directs, the notice (as so amended by

it) shall be a valid notice.

(2) No increase of rent that becomes payable by reason of the amendment

under this section of a notice shall be recoverable in respect of any period

that has ended more than 6 months before the date on which the court or

Tribunal amends the notice.

Appeals against decision of Tribunal and Rent Assessor.

68.(1) Unless otherwise provided by this Act, any person who is aggrieved

by any decision of the Rent Assessor or of the Tribunal under this Act may,

within 21 days after being notified in writing of the decision, appeal against it

in the case of the Rent Assessor to the Tribunal and in the case of the

Tribunal to the Supreme Court.

(2) On hearing the appeal, the Tribunal or the court as the case may be

may confirm, reverse or vary the decision.

Notices to quit.

69. Subject to the other provisions of this Act, but notwithstanding any

agreement to the contrary, no periodical tenancy shall be determinable by

less than 6 months’ notice of intention to terminate the tenancy.

Interim continuation of tenancies pending determination by court or

Tribunal.

70.(1) Notwithstanding any other provisions of this Part, in any case where—

(a) a notice to terminate a tenancy has been given under this Part;

and

(b) an application to a court has been made under this Part; and

(c) apart from this section, the effect of the notice or request would

be to terminate the tenancy before the expiration of the period

of 3 months beginning with the date on which the application is

finally disposed of;

the effect of the notice or request shall be to terminate the tenancy at the

expiration of the said period of 3 months and not at any other time.

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(2) The reference in subsection (1)(c) to the date on which an application is

finally disposed of shall be construed as a reference to the earliest date by

which the proceedings on the application (including any proceedings on or in

consequence of an appeal) have been determined and any time for appealing

or further appealing has expired, except that if the application is withdrawn

or any appeal is abandoned the reference shall be construed as a reference to

the date of the withdrawal or abandonment.

Provisions as to reversions.

71.(1) Where by virtue of any provision of this Part a tenancy (in this

subsection referred to as “the inferior tenancy”) is continued for a period

such as to extend to or beyond the end of the term of a superior tenancy, the

superior tenancy shall, for the purposes of this Part and of any other

enactment and of any rule of law, be deemed so long as it subsists to be an

interest in reversion expectant upon the termination of the inferior tenancy

and, if there is no intermediate tenancy, to be the interest in reversion

immediately expectant upon the termination thereof.

(2) Where by virtue of any provision of this Part a tenancy (in this

subsection referred to as “the continuing tenancy”) is continued beyond the

beginning of a reversionary tenancy which was granted (whether before or

after the commencement of this Act) so as to begin on or after the date on

which apart from this Part the continuing tenancy would have come to an

end, the reversionary tenancy shall have effect as if it had been granted

subject to the continuing tenancy.

(3) Where by virtue of any provision of this Part a tenancy (in this

subsection referred to as “the new tenancy”) is granted for a period

beginning on the same date as a reversionary tenancy or for a period such as

to extend beyond the beginning of the term of a reversionary tenancy,

whether the reversionary tenancy in question was granted before or after the

commencement of this Act, the reversionary tenancy shall have effect as if it

had been granted subject to the new tenancy.

Provisions as to mortgagees in possession.

72. Anything authorised or required by the provisions of this Part, to be

done at any time by, to or with the landlord, or a landlord of a specified

description, shall, if at that time the interest of the landlord in question is

subject to a mortgage and the mortgagee is in possession or a receiver

appointed by the mortgagee or by the court is in receipt of the rents and

profits, be deemed to be authorized or required to be done by, to or with the

mortgagee instead of that landlord.

Production of rates demand notes.

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73. It shall be a condition of every tenancy that the tenant shall, if so

requested in writing by the landlord, deliver to the landlord within 15 days of

such request or other greater period specified by the landlord a copy of the

demand note addressed to the tenant by the Government pursuant to section

276 of the Public Health Act and of the receipt or some other sufficient

evidence of payment of the amount due and payable by the tenant.

Rules of court.

74. The Chief Justice may make such rules of court and give such directions

as he thinks fit for regulating the proceedings of the court under the

provisions of this Part and the fees payable in respect thereof and may by

those rules or directions provide for any such proceedings to be conducted

so far as possible in private and for the remission of any fees.

Financial provision for repairs.

75.(1) A company or other legal person that is the owner of a dwelling to

which this Part applies or part owner thereof shall out of the rental income of

the property make and maintain reasonable financial provision for repair and

maintenance of the property or such proportion thereof as is equivalent to

the proportion of the dwelling that it owns.

(2) Financial provision under subsection (1) may take the form of a cash

reserve, or the availability of a legally binding loan commitment by a licensed

bank in Gibraltar or, if the owner is a company, by its shareholders.

Regulations.

76. The Minister may from time to time make regulations for all or any of

the following purposes—

(a) for regulating the manner in which financial provision under

section 75 shall be made and maintained;

(b) for the form of and the particulars to be contained in rent

records and receipts;

(c) for the keeping of the registers under sections 41 or 63;

(d) for prescribing the manner in which applications for rent relief

may be made and determined under this Act, the criteria against

which these applications will be determined and the rates of

relief that may be paid;

(e) for prescribing the manner in which applications for assessment

of rent or decontrol of dwellings may be made and determined;

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(f) for the establishment of criteria to assist the determination of

applications for the assessment of rent under section 41 or

specifying the type of works or structural alterations that would

be required to make an application for decontrol under section

49 or for setting out appropriate criteria identifying the

circumstances in which tenants may be ordered to move to

alternative accommodation under 49(3)(c);

(g) for such other matters as may be prescribed under this Act;

(h) for such other matters as may be necessary for or incidental to

the due administration of this Act; and

(i) to repeal, replace, amend or vary the schedules to this Act;

(j) to make provision relating to tenancies which were at the time

of commencement of this Act a tenancy under the provisions of

section 36A of the former Act, including (but without prejudice

to the generality of the foregoing) provision for the re-

categorisation of those tenancies, or all such tenancies meeting

the criteria to be prescribed, as licences, and otherwise to make

provisions relating thereto.

(k) for varying the level of any rates payable in respect of dwellings

depending on whether the dwelling is occupied or vacant.

Savings.

77. Notwithstanding the repeal of Part III of the former Act but subject to

Schedule 6 to this Act–

(a) any subsidiary legislation made or issued under or in operation

by virtue of the former Act, which could have been made under

this Act if it had been in operation when that subsidiary

legislation was so made or issued, shall remain in operation as if

it had been made or issued under this Act, but may be revoked

or amended by subsidiary legislation made or issued under this

Act; and

(b) any rent payable in respect of any tenancy under or by virtue of

the former Act (being a tenancy to which this Part applies) shall

continue to be the rent payable under that tenancy until the rent

in respect of that tenancy is determined on the application of the

landlord or tenant or otherwise increased in accordance with

this Act.

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PART III

Anti-social Behaviour

Interpretation.

78.(1) In this Part, unless the context otherwise provides or requires “anti-

social behaviour” means—

(a) any behaviour which causes or is likely to cause any significant

or persistent danger, injury, damage, loss, alarm, distress, fear

or annoyance to any reasonable person living, working or

otherwise lawfully in or in the vicinity of a housing area; or

(b) any behaviour which disrupts peace and good order in or in the

vicinity of a housing area and, without prejudice to the

foregoing, includes, inter alia, violence, threats, intimidation,

coercion, harassment or serious obstruction of any person; or

(c) any of the actions listed in sub-section (2).

(2) For the purposes of subsection (1)(c), the following actions by any

person shall constitute anti-social behaviour—

(a) throwing, or allowing dirt, rubbish, rags or other refuse to be

thrown down any water closet;

(b) allowing any item of furniture, box, refuse, rubbish or any

obstacle whatever which is not permitted by any applicable

rules, regulations, bye laws or agreements to be left in the

passage or on any landing outside the public housing;

(c) wilfully, carelessly or negligently defacing, damaging or

destroying any wall, lift or other part of or structure within the

housing area or fence in or enclosing the public housing or;

(d) wilfully, carelessly or negligently removing or displacing any

barrier, railing, post or seat, or any part of any erection or

ornament, or any implement provided for use in the laying out

or maintenance of the premises;

(e) wilfully, carelessly or negligently throwing or discharging any

missile to the damage or danger of any person; or

(f) obstructing any of the common areas to be found within a

housing area, unless in pursuance of an agreement with the

person or entity entitled to authorise such acts or otherwise in

the exercise of any lawful right or privilege.

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(3) In this Part, unless the context otherwise requires or provides “housing

area” means a building or part of a building which contains two or more

residential dwellings.

Policies and procedures.

79.(1) The Housing Authority shall have as one of its functions the

preparation of a policy in relation to anti-social behaviour and procedures for

dealing with occurrences on anti-social behaviour and for the reduction of

such behaviour.

(2) The Housing Authority shall from time to time keep policy and

procedures under review and shall publish a statement of its policy and

procedure in such a way as it thinks best calculated to bring it to the

attention of persons residing in housing areas and shall consult the Housing

Advisory Council on all such matters.

Power to make regulations.

80.(1) The Minister may make regulations providing for the identification,

reduction, deterring and elimination of and otherwise addressing occurrences

of anti-social behaviour including the imposition of sanctions and remedial

measures.

(2) Without prejudice to the generality of the foregoing, regulations made

under this section may—

(a) prescribe the authority responsible for their administration and

enforcement;

(b) prescribe the procedure for lodging complaints of anti-social

behaviour, who may lodge such complaints and the person

against whom complaints can be lodged;

(c) prescribe provisions relating to the issue of anti-social

behaviour orders by the Magistrates’ Court and the

circumstances and manner in which they can be issued;

(d) make provision for the issue by the Magistrates’ Court of

orders and directions relating to anti-social behaviour, and for

the variation and discharge of such orders;

(e) create offences against such regulations and provide penalties

therefor and other sanctions;

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(f) provide for appeals by any person aggrieved by the exercise of

any powers conferred by the Regulations;

(g) provide for the issue of injunctions by the Supreme Court;

(h) prescribe any form of notice, direction, order or other document

required to give effect to this Act; and

(i) protect persons from the effects of anti-social behaviour by

others and for maintaining peace and good social order in

housing areas.

(3) Regulations made under this section shall be laid by the Minister in the

Gibraltar Parliament and shall come into effect after they have been approved

by resolution in the Gibraltar Parliament moved by a Minister.

PART IV

Housing Tribunal and Housing Advisory Council

Housing Advisory Council.

81.(1) There shall be established a Council, to be known as the Housing

Advisory Council.

(2) The provisions of Schedule 9 shall have effect with respect to the

functions, constitution and proceedings of the Council.

(3) The Minister may make regulations relating to any matter appertaining

to the functions, constitution and proceedings of the Council.

Housing Tribunal.

82.(1) There shall be established a Tribunal, to be known as the Housing

Tribunal to hear and determine applications and appeals under this Act and

to exercise such other functions as may be specified in this or any other Act.

(2) The provisions of Schedule 10 shall have effect with respect to the

constitution, composition, powers and proceedings of the Tribunal.

(3) The Minister may make Regulations–

(a) regulating the proceedings of the Tribunal;

(b) prescribing the fees to be charged in respect of any proceedings

before the Tribunal;

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(c) regulating the powers, practice and procedures of the Tribunal

in the consideration of applications and appeals under this Act

and such other functions as may be specified in this or any other

Act.

PART V

Property Management

Interpretation.

83. In this Part, unless the context otherwise requires–

“court” means the Supreme Court;

“flat” means a separate set of premises, whether or not on the same floor,

which–

(a) forms part of a building;

(b) is divided horizontally from some other part of the building; and

(c) is constructed or adapted for use for the purposes of a dwelling

and is occupied wholly or mainly as a private dwelling;

“landlord” includes any person who has a right to enforce payment of a

service charge;

“relevant policy” in relation to a dwelling, means any policy of insurance

under which the dwelling is insured (being, in the case of a flat, a

policy covering the building containing it);

“superior landlord” means a person (whether the owner of a freehold or

leasehold interest in the building or not) whose interest is superior

to the interest of a landlord;

“tenant” includes–

(a) where the tenancy is held by joint tenants, any one or more of

these tenants; and

(b) where a dwelling is sublet, the sub-tenant.

Meaning of “service charge” and “relevant costs”.

84.(1) In this Part “service charge” means an amount payable by a tenant of

a flat as part of or in addition to the rent–

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(a) which is payable, directly or indirectly, for services, repairs,

maintenance or insurance or the landlord’s cost of management,

and

(b) the whole or part of which varies or may vary according to the

relevant costs.

(2) The relevant costs are the costs or estimated costs incurred or to be

incurred by or on behalf of the landlord, or a superior landlord, in connection

with the matters for which the service charge is payable.

(3) For this purpose–

(a) “costs” includes overheads; and

(b) costs are relevant costs in relation to a service charge whether

they are incurred, or to be incurred, in the period for which the

service charge is payable or in an earlier or later period.

(4) There shall not be included in the relevant costs–

(a) any fines, legal costs or other expenses incurred by the landlord

for the purpose, or in the course, or as a result, of any

proceedings taken against the landlord, or any person acting

under the landlord’s instructions, express or implied, for any

contravention against any law arising out of, or in connection

with, the condition or management of, or other things

appertaining to the building;

(b) the cost of any works or services other than works done or

services performed directly for the benefit of the tenants in their

capacity as such.

Limitation of service charges: reasonableness.

85.(1) Relevant costs shall be taken into account in determining the amount

of a service charge payable for a period–

(a) only to the extent that they are reasonably incurred; and

(b) where they are incurred on the provision of services or the

carrying out of works, only if the services or works are of a

reasonable standard;

and the amount payable shall be limited accordingly.

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(2) Where a service charge is payable before the relevant costs are

incurred, no greater amount than is reasonable is so payable, and after the

relevant costs have been incurred any necessary adjustment shall be made by

repayment, reduction or subsequent charges or otherwise.

(3) An agreement by the tenant of a flat (other than an arbitration

agreement within the meaning of section 2(1) of the Arbitration Act) is void

in so far as it purports to provide for determination in a particular manner, or

on particular evidence, of any question–

(a) whether costs incurred for services, repairs, maintenance,

insurance or management were reasonably incurred,

(b) whether services or works for which costs were incurred are of

a reasonable standard; or

(c) whether an amount payable before costs are incurred is

reasonable.

(4) The court may make a declaration–

(a) that any such costs were or were not reasonably incurred;

(b) that any such services or works are or are not of a reasonable

standard; or

(c) that any such amount is or is not reasonable;

notwithstanding that no other relief is sought in the proceedings.

Limitation of service charges: estimates and consultation.

86.(1) Where relevant costs incurred on the carrying out of works on a

building exceed the limit specified in subsection (2), the excess shall not be

taken into account in determining the amount of a service charge unless–

(a) the requirements of subsection (3) as to estimates and

consultation have been complied with; or

(b) those requirements have been dispensed with by the court in

accordance with subsection (5);

and the amount payable shall be limited accordingly.

(2) The limit is whichever is the greater of–

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(a) £50, or such other amount as may be prescribed by order of the

Minister, multiplied by the number of flats in the building; or

(b) £1,000, or such other amount as may be so prescribed.

(3) The requirements are–

(a) at least three estimates for the works shall be obtained, two of

them from persons wholly unconnected with the landlord;

(b) a notice accompanied by a copy of the estimates shall be given

to each of the tenants concerned;

(c) a copy of the notice shall be displayed in a conspicuous place in

the building so as to be likely to come to the notice of all the

tenants concerned;

(d) the notice shall describe the works to be carried out and invite

observations on them and on the estimates and shall state the

name and the address in Gibraltar of the person to whom the

observations may be sent and the date by which they are to be

received;

(e) the date stated in the notice shall not be earlier than one month

after the date on which the notice is given to each of the tenants

concerned as required by paragraph (b);

(f) the landlord shall have regard to any observations received in

pursuance of the notice and unless the works are urgently

required they shall not be begun earlier than the date specified

in the notice.

(4) For the purposes of subsection (3) the tenants concerned are all the

landlord’s tenants of flats in the building by whom a service charge is payable

to which the costs of the proposed works are relevant.

(5) In proceedings relating to a service charge the court may, if satisfied

that the landlord acted reasonably, dispense with all or any of the

requirements of subsection (3).

(6) An order under this section may make different provision with respect

to different cases or descriptions of case, including different provision for

different areas.

Limitation of service charges: time limits on making demands.

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87.(1) If any of the relevant costs taken into account in determining the

amount of any service charge were incurred more than 18 months before a

demand for payment of the service charge is served on the tenant, then

(subject to subsection (2)), the tenant shall not be liable to pay so much of

the service charge as reflects the costs so incurred.

(2) Subsection (1) shall not apply if, within the period of l8 months

beginning with the date when the relevant costs in question were incurred,

the tenant was notified in writing that those costs had been incurred and that

he would subsequently be required under the terms of his lease to contribute

to them by the payment of a service charge.

Limitation of service charges: costs of court proceedings.

88.(1) A tenant may make an application to the appropriate court for an

order that all or any of the costs incurred, or to be incurred, by the landlord

in connection with any proceedings are not to be regarded as relevant costs

to be taken into account in determining the amount of any service charge

payable by the tenant or any other person or persons specified in the

application; and the court may make such order on the application as it

considers just and equitable in the circumstances.

(2) In subsection (1) “the appropriate court” means–

(a) if the application is made in the course of the proceedings in

question, the court before which the proceedings are taking

place; and

(b) if the application is made after those proceedings are concluded,

the court.

Request for summary of relevant costs.

89.(1) A tenant may require the landlord in writing to supply him with a

written summary of the costs incurred–

(a) if the relevant accounts are made up for periods of twelve

months, in the last such period ending not later than the date of

the request, or

(b) if the accounts are not so made up, in the period of twelve

months ending with the date of the request, and which are

relevant costs in relation to the service charges payable or

demanded as payable in that or any other period.

(2) A request is duly served on the landlord if it is served on–

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(a) an agent of the landlord named as such in the rent book or

similar document, or

(b) the person who receives the rent on behalf of the landlord;

and a person on whom a request is so served shall forward it as soon as may

be to the landlord.

(3) The landlord shall comply with the request within one month of the

request or within six months of the end of the period referred to in

subsection (1)(a) or (b) whichever is the later.

(4) The summary shall set out the costs in a way showing how they are or

will be reflected in demands for service charges.

(5) If there are more than four flats in the building or the costs also relate

to another building, the summary shall be certified by a qualified accountant

as–

(a) in his opinion a fair summary complying with the requirement of

subsection (4); and

(b) being sufficiently supported by accounts, receipts and other

documents which have been produced to him.

(6) In subsection (5) a qualified accountant means a person duly registered

as the auditor of a company, or exempt from registration, under section 4 of

the Auditors Registration Act.

Request to inspect supporting accounts, etc..

90.(1) This section applies where a tenant has obtained such a summary as is

referred to in section 89(1), whether in pursuance of that section or

otherwise.

(2) The tenant may within six months of obtaining the summary require the

landlord in writing to afford him reasonable facilities in Gibraltar–

(a) for inspecting the accounts, receipts and other documents

supporting the summary; and

(b) for taking copies or extracts from them.

(3) A request under this section is duly served on the landlord if it is served

on–

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(a) an agent of the landlord named as such in the rent book or

similar document; or

(b) the person who receives the rent on behalf of the landlord;

and a person on whom a request is so served shall forward it as soon as may

be to the landlord.

(4) The landlord shall make such facilities available to the tenant for a

period of two months beginning not later than one month after the request is

made.

(5) The landlord shall–

(a) where such facilities are for the inspection of any documents,

make them so available free of charge;

(b) where such facilities are for the taking of copies or extracts, be

entitled to make them so available on payment of such

reasonable charge as he may determine.

(6) The requirement imposed on the landlord by subsection (5)(a) to make

any facilities available to a person free of charge shall not be construed as

precluding the landlord from treating as part of his costs of management any

costs incurred by him in connection with making those facilities so available.

Request relating to information held by superior landlord.

91.(1) If a request under section 89 relates in whole or in part to relevant

costs incurred by or on behalf of a superior landlord, and the landlord to

whom the request is made is not in possession of the relevant information–

(a) he shall in turn make a written request for the relevant

information to the person who is his landlord (and so on, if that

person is not himself the superior landlord);

(b) the superior landlord shall comply with that request within a

reasonable time; and

(c) the immediate landlord shall then comply with the tenant’s

request, or that part of it which relates to the relevant costs

incurred by or on behalf of the superior landlord, within the

time allowed by section 90 or such further time, if any, as is

reasonable in the circumstances.

(2) If a request under section 90 relates to a summary of costs incurred by

or on behalf of a superior landlord–

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(a) the landlord to whom the request is made shall forthwith inform

the tenant of that fact and of the name and address of the

superior landlord; and

(b) section 90 shall then apply to the superior landlord as it applies

to the immediate landlord.

Effect of assignment on request.

92. The assignment of a tenancy does not affect the validity of a request

made under section 89, 90 or 91 before the assignment; but a person is not

obliged to provide a summary or make facilities available more than once for

the same flat and for the same period.

Failure to comply with section 89, 90 or 91 an offence.

93.(1) It is a summary offence for a person to fail, without reasonable

excuse, to perform a duty imposed on him by section 89, 90 or 91.

(2) A person committing such an offence is liable on conviction to a fine at

level 4 on the standard scale.

Request for summary of insurance cover.

94.(1) Where a service charge is payable by the tenant of a dwelling which

consists of or includes an amount payable directly or indirectly for insurance,

the tenant may require the landlord in writing to supply him with a written

summary of the insurance for the time being effected in relation to the

dwelling.

(2) A request is duly served on the landlord if it is served on–

(a) an agent of the landlord named as such in the rent book or

similar document; or

(b) the person who receives the rent on behalf of the landlord;

and a person on whom a request is so served shall forward it as soon as may

be to the landlord.

(3) The landlord shall, within one month of the request, comply with it by

supplying to the tenant such a summary as is mentioned in subsection (1),

which shall include–

(a) the insured amount or amounts under any relevant policy; and

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(b) the name of the insurer under any such policy; and

(c) the risks in respect of which the dwelling or (as the case may

be) the building containing it is insured under any such policy.

(4) In subsection (3)(a) “the insured amount or amounts”, in relation to a

relevant policy, means–

(a) in the case of a dwelling other than a flat, the amount for which

the dwelling is insured under the policy; and

(b) in the case of a flat, the amount for which the building

containing it is insured under the policy and, if specified in the

policy, the amount for which the flat is insured under it.

(5) The landlord shall be taken to have complied with the request if, within

the period mentioned in subsection (3) he instead supplies to the tenant a

copy of every relevant policy.

(6) In a case where two or more buildings are insured under any relevant

policy, the summary or copy supplied under subsection (3) or (5) so far as

relating to that policy need only be of such parts of the policy as relate–

(a) to the dwelling house; and

(b) if the dwelling is a flat, to the building containing it.

Request to inspect insurance policy, etc.

95.(1) This section applies where a tenant has obtained either–

(a) such a summary as is referred to in section 94(1), or

(b) a copy of any relevant policy or of any such parts of any

relevant policy as relate to the premises referred to in section

94(6)(a) or (b);

whether in pursuance of section 94 or otherwise.

(2) The tenant may within six months of obtaining any such summary or

copy as is mentioned in subsection (1)(a) or (b) require the landlord in

writing to afford him reasonable facilities–

(a) for inspecting any relevant policy;

(b) for inspecting any accounts, receipts or other documents which

provide evidence of payment of any premiums due under any

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such policy in respect of the period of insurance which is

current when the request is made and the period of insurance

immediately preceding that period; and

(c) for taking copies of or extracts from any of the documents

referred to in paragraphs (a) and (b).

(3) Any reference in this section to a relevant policy includes a reference to

a policy of insurance under which the dwelling in question was insured for

the period of insurance immediately preceding that current when the request

is made under this section (being, in the case of a flat, a policy covering the

building containing it).

(4) Section 89(3) to (6) shall have effect in relation to a request made

under this section as they have effect in relation to a request made under that

section.

Request relating to insurance effected by superior landlord.

96.(1) If a request is made under section 94 in a case where a superior

landlord has effected, in whole or in part, the insurance of the dwelling in

question and the landlord to whom the request is made is not in possession

of the relevant information—

(a) he shall in turn make a written request for the relevant

information to the person who is his landlord (and so on, if that

person is not himself the superior landlord);

(b) the superior landlord shall comply with that request within a

reasonable time; and

(c) the immediate landlord shall then comply with the tenant’s

request in the manner provided by section 94(3) to (6) within

the time allowed by that section or such further time, if any, as

is reasonable in the circumstances.

(2) If, in a case where a superior landlord has effected, in whole or in part,

the insurance of the dwelling in question, a request under section 95 relates

to any policy of insurance effected by the superior landlord–

(a) the landlord to whom the request is made shall forthwith inform

the tenant of that fact and of the name and address of the

superior landlord; and

(b) that section shall then apply to the superior landlord in relation

to that policy as it applies to the immediate landlord.

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Effect of assignment on request.

97. The assignment of a tenancy does not affect the validity of a request

made under section 94, 95 or 96 before the assignment; but a person is not

obliged to provide a summary or make facilities available more than once for

the same dwelling and for the same period.

Failure to comply with section 94, 95 or 96 an offence.

98.(1) It is a summary offence for a person to fail, without reasonable

excuse, to perform a duty imposed on him by or by virtue of section 94, 95

or 96.

(2) A person committing such an offence is liable on conviction to a fine at

level 4 on the standard scale.

Tenant’s right to notify insurers of possible claim.

99.(1) This section applies to any dwelling in respect of which the tenant

pays to the landlord a service charge consisting of or including an amount

payable directly or indirectly for insurance.

(2) Where–

(a) it appears to the tenant of any such dwelling that damage has

been caused–

(i) to the dwelling, or

(ii) if the dwelling is a flat, to the dwelling or to any other

part of the building containing it,

in respect of which a claim could be made under the terms of a

policy of insurance, and

(b) it is a term of that policy that the person insured under the

policy should give notice of any claim under it to the insurer

within a specified period;

the tenant may, within that specified period, serve on the insurer a notice in

writing stating that it appears to him that damage has been caused as

mentioned in paragraph (a) and describing briefly the nature of the damage.

(3) Where–

(a) any such notice is served on an insurer by a tenant in relation to

any such damage, and

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(b) the specified period referred to in subsection (2)(b) would

expire earlier than the period of six months beginning with the

date on which the notice is served;

the policy in question shall have effect as regards any claim subsequently

made in respect of that damage by the person insured under the policy as if

for the specified period there were substituted that period of six months.

Right to challenge landlord’s choice of insurers.

100.(1) This section applies to a tenancy of a dwelling which requires the

tenant to insure the dwelling with an insurer nominated by the landlord.

(2) Where, on an application made by the tenant under any such tenancy,

the court is satisfied–

(a) that the insurance which is available from the nominated insurer

for insuring the tenant’s dwelling is unsatisfactory in any

respect; or

(b) that the premiums payable in respect of any such insurance are

excessive;

the court may make either an order requiring the landlord to nominate such

other insurer as is specified in the order or an order requiring him to

nominate another insurer who satisfies such requirements in relation to the

insurance of the dwelling as are specified in the order.

Unlawful ejectment and harassment of occupier.

101.(1) In this section “residential occupier”, in relation to any premises,

means a person occupying the premises as a residence, whether under a

contract or by virtue of any enactment or rule of law giving him the right to

remain in occupation or restricting the right of any other person to recover

possession of the premises.

(2) If any person unlawfully deprives the residential occupier of any

premises of his occupation of the premises or any part thereof, or attempts to

do so, he shall be guilty of an offence unless he proves that he believed, and

has reasonable cause to believe, that the residential occupier had ceased to

reside in the premises.

(3) If any person with intent to cause the residential occupier of any

premises–

(a) to give up the occupation of the premises or any part thereof; or

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(b) to refrain from exercising any right or pursuing any remedy in

respect of the premises or part thereof;

does acts calculated to interfere with the peace or comfort of the residential

occupier or members of his household, or persistently withdraws or

withholds services reasonably required for the occupation of the premises as

a residence, he shall be guilty of an offence.

(4) A person guilty of an offence under this section is liable–

(a) on summary conviction, to imprisonment for six months and to

a fine at level 3 on the standard scale;

(b) on conviction on indictment, to imprisonment for two years and

to a fine at level 5 on the standard scale.

(5) Nothing in this section shall be taken to prejudice any liability or

remedy to which a person guilty of an offence thereunder may be subject in

civil proceedings.

Restriction on re-entry without due process of law.

102. Where any premises are let as a dwelling on a lease which is subject to

a right of re-entry or forfeiture it shall not be lawful to enforce that right

otherwise than by proceedings in the court while any person is lawfully

residing in the premises or part of them.

Prohibition of ejectment without due process of law.

103.(1) Where any premises have been let as a dwelling under a tenancy

and–

(a) the tenancy (in this section referred to as the former tenancy)

has come to an end; but

(b) the occupier continues to reside in the premises or part of them;

it shall not be lawful for the owner to enforce against the occupier, otherwise

than by proceedings in the court, his right to recover possession of the

premises.

(2) In this section–

“the occupier” in relation to any premises, means any person lawfully

residing in the premises or part of them at the termination of the

former tenancy;

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“the owner” in relation to any premises means the person who, as against

the occupier, is entitled to possession thereof.

Tenant’s right to apply to court for appointment of manager.

104.(1) In sections 104 to 107 both inclusive, “Sub-Part” means sections

104, 105, 106 and 107 of this Act

(2) The tenant of a flat contained in any premises to which this Sub-Part

applies may, subject to the following provisions of this Sub-Part, apply to the

court for an order under section 107 appointing a manager to act in relation

to those premises.

(3) Subject to subsection (4), this Sub-Part applies to premises consisting

of the whole or part of a building if the building or part contains two or more

flats.

(4) This Sub-Part does not apply to any such premises at a time when the

premises are included within the functional land of any charity.

(5) An application for an order under section 107 may be made–

(a) jointly by tenants of two or more flats if they are each entitled

to make such an application by virtue of this section; and

(b) in respect of two or more premises to which this Sub-Part

applies;

and, in relation to any such joint application as is mentioned in paragraph (a),

references in this Part to single tenant shall be construed accordingly.

(6) An application to the court for it to exercise in relation to any premises

any jurisdiction existing apart from this Part to appoint a receiver or manager

shall not be made by a tenant (in his capacity as such) in any circumstances in

which an application could be made by him for an order under section 107

appointing a manager to act in relation to those premises.

(7) References in this Sub-Part to a tenant do not include references to a

tenant under a tenancy to which Part II of this Act applies.

Preliminary notice by tenant.

105.(1) Before an application for an order under section 107 is made in

respect of any premises to which this Sub-Part applies by a tenant of a flat

contained in those premises, a notice under this section must (subject to

subsection (3)) be served on the landlord by the tenant.

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(2) A notice under this section shall–

(a) specify the tenant’s name, the address of his flat and an address

in Gibraltar (which may be the address of his flat) at which the

landlord may serve notices, including notices in proceedings, on

him in connection with this Part;

(b) state that the tenant intends to make an application for an order

under section 107 to be made by the court in respect of such

premises to which this Part applies as are specified in the notice

but, (if paragraph (d) is applicable) that he will not do so if the

landlord complies with the requirement specified in pursuance

of that paragraph;

(c) specify the grounds on which the court would be asked to make

such an order and the matters that would be relied on by the

tenant for the purpose of establishing those grounds;

(d) where those matters are capable of being remedied by the

landlord, require the landlord, within such reasonable period as

is specified in the notice, to take such steps for the purpose of

remedying them as are so specified; and

(e) contain such information (if any) as the Minister may by

regulations prescribe.

(3) The court may (whether on the hearing of an application for an order

under section 107 or not) by order dispense with the requirement to serve a

notice under this section in a case where it is satisfied that it would not be

reasonably practicable to serve such a notice on the landlord, but the court

may, when doing so, direct that such other notices are served, or such other

steps are taken, as it thinks fit.

(4) In a case where–

(a) a notice under this section has been served on the landlord; and

(b) his interest in the premises specified in pursuance of subsection

(2)(b) is subject to a mortgage;

the landlord shall, as soon as is reasonably practicable after receiving the

notice, serve on the mortgagee a copy of the notice.

Application to court for appointment of manager.

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106.(1) No application for an order under section 107 shall be made to the

court unless–

(a) in a case where a notice has been served under section 105,

either–

(i) the period specified in pursuance of section 105(2)(d) of

that section has expired without the landlord having taken

the steps that he was required to take in pursuance of that

provision; or

(ii) section 105(2)(d) was not applicable in the circumstances

of the case; or

(b) in a case where the requirement to serve such a notice has been

dispensed with by an order under subsection (3) of that section,

either–

(i) any notices required to be served, and any other steps

required to be taken, by virtue of the order have been

served or (as the case may be) taken; or

(ii) no direction was given by the court when making the

order.

(2) Rules of court shall make provision–

(a) for requiring notice of an application for an order under section

107 in respect of any premises to be served on such descriptions

of persons as may be specified in the rules; and

(b) for enabling persons served with any such notice to be joined as

parties to the proceedings.

Appointment of manager by the court.

107.(1) The court may, on an application for an order under this section, by

order (whether interlocutory or final) appoint a manager to carry out in

relation to any premises to which this Sub-Part applies–

(a) such functions in connection with the management of the

premises; or

(b) such functions of a receiver;

or both, as the court thinks fit.

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(2) The court may only make an order under this section in the following

circumstances, namely–

(a) where the court is satisfied–

(i) that the landlord either is in breach of any obligation

owed by him to the tenant under his tenancy and relating

to the management of the premises in question or any

part of them or (in the case of an obligation dependent on

notice) would be in breach of any such obligation but for

the fact that it has not been reasonably practicable for the

tenant to give him the appropriate notice; and

(ii) that the circumstances by virtue of which he is (or would

be) in breach of any such obligation are likely to continue;

and

(iii) that it is just and convenient to make the order in all the

circumstances of the case; or

(b) where the court is satisfied that other circumstances exist which

make it just and convenient for the order to be made.

(3) The premises in respect of which an order is made under this section

may, if the court thinks fit, be either more or less extensive than the premises

specified in the application on which the order is made.

(4) An order under this section may make provision with respect to–

(a) such matters relating to the exercise by the manager of his

functions under the order; and

(b) such incidental or ancillary matters as the court thinks fit; and,

on any subsequent application made for the purpose by the

manager, the court may give him directions with respect to any

such matters.

(5) Without prejudice to the generality of subsection (4), an order under

this section may provide–

(a) for rights and liabilities arising under contracts to which the

manager is not a party to become rights and liabilities of the

manager;

(b) for the manager to be entitled to prosecute claims in respect of

causes of action (whether contractual or tortious) accruing

before or after the date of his appointment;

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(c) for remuneration to be paid to the manager by the landlord or

by the tenants of the premises in respect of which the order is

made or by all or any of those persons;

(d) for the manager’s functions to be exercisable by him (subject to

subsection (8)) either during a specified period or without limit

of time.

(6) Any such order may be granted subject to such conditions as the court

thinks fit, and in particular its operation may be suspended on terms fixed by

the court.

(7) In a case where an application for an order under this section was

preceded by the service of a notice under section 105, the court may, if it

thinks fit, make such an order notwithstanding–

(a) that any period specified in the notice in pursuance of

subsection (2)(d) of that section was not a reasonable period; or

(b) that the notice failed in any other respect to comply with any

requirement contained in subsection (2) of that section or in any

regulations applying to the notice under section 108.

(8) The court may, on the application of any person interested, vary or

discharge (whether conditionally or unconditionally) an order made under

this section.

(9) An order made under this section shall not be discharged by the court

by reason only that, by virtue of section 104(4), the premises in respect of

which the order was made have ceased to be premises to which this Sub-Part

applies.

(10) References in this section to the management of any premises include

references to the repair, maintenance or insurance of those premises.

Notices.

108.(1) Any notice required or authorised to be served under this Part shall

be in writing and may be sent by post.

(2) The Minister may by regulations prescribe–

(a) the form of any notices required or authorised to be served

under or in pursuance of any provision of sections 94 to 100

and 104 to 107; and

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(b) the particulars which any such notices must contain (whether in

addition to, or in substitution for, any particulars required by

virtue of the provision in question).

(3) Any such regulations may make different provision with respect to

different cases or descriptions of case, including different provision for

different areas.

Offences by bodies corporate.

109. Where an offence under this Part committed by a body corporate is

proved to have been committed with the consent or connivance of, or to be

attributable to any neglect on the part of any director, manager or secretary

or other similar officer of the body corporate or any person who was

purporting to act in any such capacity he as well as the body corporate shall

be guilty of that offence and shall be liable to be proceeded against and

punished accordingly.

Power of Principal Housing Officer to investigate offences.

110.(1) If the Principal Housing Officer has reasonable ground for

suspecting that an offence under this Part or under section 60 is being, has

been or is about to be committed, he may require any person–

(a) to produce any accounts, books, records or documents in the

custody or under the control of such persons;

(b) to render such explanations and give such information relating

to the entries contained in any accounts, books, records or

documents in his possession or control as may be reasonably

required;

(c) to furnish any information relating to any premises which he

thinks relevant to his enquiry.

(2) If a justice of the peace is satisfied on information on oath that there is

reasonable ground for suspecting that–

(a) any accounts, books, records, documents or information

referred to in subsection (1) are on premises and that their

inspection is likely to disclose evidence of the commission of an

offence under this Part; or

(b) any offence under this Part is being, has been or is about to be

committed on a any premises; and, in either case;

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(c) admission to the premises has been or is likely to be refused and

that notice of intention to apply for a warrant under this

subsection has been given to the occupier,

the justice may, by warrant under his hand, authorise the Principal Housing

Officer or other person therein named to enter any premises specified in the

warrant, if necessary by force, at any reasonable time within 14 days from the

time of issue of the warrant and any person who enters premises under the

authority of the warrant may seize and remove any account, book, record or

document found on the premises which he has reasonable cause to believe

may be required as evidence for the purposes of proceedings in respect of

any such offence.

(3) Any person entering any premises by virtue of this section may take

with him such other persons and such equipment as may appear to him to be

necessary; and on leaving any premises which he has entered by virtue of a

warrant under subsection (2) he shall, if the premises are unoccupied or the

occupier is temporarily absent, leave them as effectually secured against

trespassers as he found them.

(4) Any person who obstructs the exercise of any such power shall be

guilty of an offence and liable on summary conviction to imprisonment for

six months and to a fine at level 4 on the standard scale.

Restriction on prosecutions.

111. No prosecution for an offence under this Part shall be instituted except

by or with the consent of the Attorney-General.

No application to the Crown.

112. For the removal of doubt, it is hereby declared that nothing in this Part

shall bind the Crown or affect prejudicially any estate, right, power, privilege

or exemption of the Crown.

PART VI

Miscellaneous

Repeals.

113.(1) The Housing (Special Powers) Act is repealed.

(2) The Consumer Protection (Property Management) Act is repealed.

(3) Part III of the Landlord and Tenants Act 1983 is repealed.

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SCHEDULE 1

Section 4

CONSTITUTION AND ROLE OF THE GOVERNMENT HOUSING

ADVISORY BOARD

Membership of the Board.

1.(1) The Board shall consist of the Minister as chairman, the Principal

Housing Officer, the Chief Executive Officer (Buildings and Works), the

chairperson of each Tenants Association established under section 31 and

such number of other members as the Minister may determine and appoint.

(2) Members of the Board shall hold office for such period and on such

terms as may be specified in their instrument of appointment, and shall be

eligible for re-appointment.

(3) The Chairman shall preside at all meetings and three members of the

Board shall form a quorum.

Role of the Board.

2.(1) The Board shall advise the Minister on any matter concerning his

powers, functions and responsibilities in connection with the provision,

administration and management of Government housing and all matters

related to Government housing.

(2) Without prejudice to the generality of the foregoing, the Board shall

keep under review and advise on

(a) tenancy agreements and any material published by the Ministry

for Housing;

(b) complaints procedures available to tenants of public housing;

(c) anti-social behaviour policies in conjunction with residents of

housing areas.

Secretary.

3. The Minister shall designate an officer of the Ministry of Housing to be

the secretary of the Board.

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SCHEDULE 2

Section 5(2)

CONSTITUTION AND ROLE OF HOUSING ALLOCATION

COMMITTEE

Membership of the Committee.

1.(1) The Committee shall consist of five members appointed by the

Minister as follows—

(a) a registered medical practitioner;

(b) an occupational therapist or a person possessing similar

qualifications;

(c) a social worker or a person possessing similar qualifications;

and

(d) two other persons, one of whom shall be the chairman and the

other the deputy chairman, in each case designated by the

Minister.

(2) The Housing Manager shall be an additional member of the Committee.

(3) In respect of the chairman and each member there shall be an alternate

member appointed by the Minister to substitute for any member of the

Committee and they shall have the same rights and powers as appointed

members.

(4) Members and alternate members of the Committee shall hold office for

such period and on such terms as may be specified in their instrument of

appointment, and shall be eligible for re-appointment.

(5) Notwithstanding anything contained in sub-paragraph (4), the Minister

may, in his discretion, terminate the appointment of the chairman, any

member and any alternate member of the Committee at any time on the

grounds of inability, neglect of duty, persistent failure to attend meetings or

misconduct.

(6) The chairman shall preside at all meetings and whilst three members of

the Committee shall form a quorum there shall be present the medical

practitioner and the occupational therapist or their alternates when an award

of medical points is considered and the social worker or his alternate present

when an award of social points is considered.

Procedure.

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2.(1) The Committee shall advise the Housing Authority in relation to the

administration of any scheme approved by the Government for the allocation

of government housing, shall advise the Government on allocations of public

housing, award of points, categorisation of applicants, administration of

waiting lists and when so required by the Minister make such

recommendations on the most equitable and effective use of Government

housing as the Committee may think appropriate.

(2) The Housing Authority and the Committee shall be entitled to call on

such evidence as it considers necessary to verify or otherwise the veracity of

the matters asserted in each application before it and any failure by the

applicant to co-operate in the provision of any such information so required

may lead to the rejection of the application.

(3) Subject to the provisions of this Schedule, the procedure of the

Committee shall be regulated by the Committee.

Secretary.

3. The Minister shall designate an officer of the Ministry of Housing to be

the secretary of the Committee.

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SCHEDULE 3

Section 31

TENANTS ASSOCIATIONS

Functions.

The functions of a tenants association shall be as follows—

(a) to provide a collective voice for people who live in the same

housing area; to represent the views of tenants towards making

their housing area a better place to live in;

(b) to work closely with the Housing Authority for the

improvement of public housing and environmental standards

within the housing area;

(c) to work closely with the Housing Authority on any planned

development in the housing area;

(d) to work closely with the Housing Authority on other issues

such as traffic and parking problems within the housing estate;

(e) to foment among tenants and their families a sense of

community well being;

(f) to promote and defend the interests of tenants of the housing

area in general

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SCHEDULE 4

Section 41

STATUTORY RENT FOR DWELLINGS

Part I

Criteria for the assessment of rent under section 41(1).

1. In determining an application for the assessment of rent under Part II of

this Act, the Rent assessor shall take into account—

(a) the size (including the number of rooms and condition of the

rooms) and state of repair and maintenance of the dwelling;

(b) the terms of the proposed or existing tenancy and particularly

those provisions relating to liability for repair and maintenance

of the dwelling;

(c) any agreements he had approved under section 15 of the former

Act in respect of dwellings of similar size, accommodation,

state of repair and maintenance and tenancy terms;

(d) any rents that have been assessed under this Act that may

provide appropriate comparables to the dwelling which is the

subject of the application for assessment;

(e) any costs which the landlord proves to his satisfaction have

been expended in carrying out improvements to the dwelling;

(f) any other matter which may be prescribed in regulations.

Part II

1. In this Part of this Schedule—

“rates” means the rates payable in respect of a dwelling or where a

dwelling is assessed as a whole and part only of the dwelling is

comprised in the tenancy such part of the rates as represents a fair

proportion of the rates in respect of such part;

“square” means 100 square feet of the floor space of a dwelling house

measured in such manner and excluding such areas as may be

prescribed.

2. The statutory rent of a dwelling or part of a dwelling to which Part II of

this Act applies shall be as follows—

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(a) where the dwelling or part of a dwelling is

a self-contained unit, with a bathroom.

£120 per square per annum

exclusive of rates.

(b) where the dwelling or part of a dwelling

is a self-contained unit, without a bathroom.

£90 per square per annum

exclusive of rates.

(c) where the dwelling or part of a dwelling is

a communal services tenement.

£80 per square per annum

inclusive of rates.

3. In the case of a dwelling or part of a dwelling referred to in paragraph

2(a), where the bathroom has been built by the tenant, and there was no

previous bathroom, the statutory rent shall be calculated until the period of 5

years following the completion of the bathroom at the appropriate rate

specified in paragraph 2(b) or 2(c).

4. In the case of a dwelling that is let furnished so long as the furniture shall

be fit and proper for the purpose and shall at least comply with the

provisions of Schedule 8, the statutory rent shall be increased, for the period

of 8 years following the date on which the furniture is provided, by one-

eighth of the value of the furniture on the date that it is so provided.

5. Where any reference is made in this Schedule to the payment of a

statutory rent “exclusive of rates”, this shall be construed, subject to the

provisions of Part II of this Act, as imposing upon the tenant the obligation

to pay rates.

6. Where any reference is made in this Schedule to the payment of a

statutory rent “inclusive of rates”, this shall be construed, subject to the

provisions of Part II of this Act, as imposing upon the landlord the obligation

to pay rates.

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SCHEDULE 5

Section 45

POSSESSION OR EJECTMENT WITHOUT PROOF OF

ALTERNATIVE ACCOMMODATION

The court shall, for the purposes of section 45, have power to make or give

an order or judgment for the recovery of possession of any dwelling to which

Part II applies or for the ejectment of a tenant therefrom without proof of

suitable alternative accommodation (where the court considers it reasonable

so to do) if–

(a) any rent lawfully due from the tenant has not been paid, or any

other obligation of the tenancy (whether under the contract of

tenancy or under Part II), so far as the obligation is consistent

with the provisions of Part II, has been broken or not

performed;

(b) the tenant or any person residing or lodging with him or being

his sub-tenant has been guilty of conduct which is a nuisance or

annoyance to adjoining occupiers, or has been convicted of

using the premises or allowing the premises to be used for an

immoral or illegal purpose, or the condition of the dwelling has,

in the opinion of the court, deteriorated owing to acts of waste

by, or the neglect or default of, the tenant or any such person,

and, where such person is a lodger or sub-tenant, the court is

satisfied that the tenant has not, before the making or giving of

the order or judgment, taken such steps as he ought reasonably

to have taken for the removal of the lodger or sub-tenant;

(c) the tenant has given notice to quit, and, in consequence of that

notice, the landlord has contracted to sell or let the dwelling or

has taken any other steps as a result of which he would, in the

opinion of the court, be seriously prejudiced if he could not

obtain possession;

(d) the tenant has at any time after the coming into operation of this

Act, assigned or sub-let the whole of the dwelling or sub-let

part of the dwelling;

(e) the dwelling is so overcrowded as to be dangerous or injurious

to the health of the inmates, and the court is satisfied that the

overcrowding could have been abated by the removal of any

lodger or sub-tenant (not being a parent or child of the tenant)

whom it would, having regard to all the circumstances of the

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case, including the question whether other accommodation is

available for him, have been reasonable to remove, and that the

tenant has not taken such steps as he ought reasonably to have

taken for his removal;

(f) the dwelling is reasonably required by the landlord for

occupation as a residence for some person engaged in his

whole-time employment or in the whole-time employment of

some tenant from him or with whom conditional on housing

accommodation being provided, a contract for such

employment has been entered into, and the tenant was in the

employment of the landlord or a former landlord, and the

dwelling was let to him in consequence of that employment and

he has ceased to be in that employment;

(g) the dwelling is reasonably required by the landlord (being a

landlord who has become landlord by purchasing or otherwise

acquiring the dwelling or an interest therein before the

commencement of this Act or not less than 5 years before the

date of the application) for occupation as a residence for–

(h) himself; or

(ii) any son or daughter of himself or of his wife or civil

partnership who is over the age of 18 years of age; or

(ii) his father or mother:

Provided that an order or judgment shall not be made or given on any

ground specified in paragraph (g) of the preceding provisions of this

Schedule if the court is satisfied that having regard to all the circumstances

of the case, including the question whether other accommodation is available

for the landlord or the tenant, greater hardship would be caused by granting

the order or judgment than by refusing to grant it.

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SCHEDULE 6

Section 77

TRANSITIONAL PROVISIONS

1. Every person who was immediately before the commencement of this Act

the tenant of a dwelling to which the former Act then applied shall on the

commencement of this Act, if the dwelling is one to which Part II of this Act

applies, for the purposes of Part II of this Act be deemed the first tenant of

the dwelling and shall for the purposes of section 34 and this Schedule be

referred to as the existing tenant.

2. The existing tenant shall enjoy the succession rights set out in section 34

in respect of such dwelling save that where the existing tenant was the first

successor under the former Act he shall be deemed to be the first successor

for the purposes of this Act and where such tenant was the second successor

under the former Act he shall be deemed to be the second successor for the

purposes of this Act

3. The first tenant and first successor of the dwelling to which paragraph 1

applies shall pay statutory rent in respect of their tenancy at the level

calculated in accordance with section 41(7) and Part II of Schedule 4.

4. The second successor of the dwelling to which paragraph 1 applies shall

pay statutory rent in respect of his tenancy at the level calculated in

accordance with section 41(1) and Part I of Schedule 4.

5. Where–

(a) any improvements or structural alterations have been carried

out to any dwelling to which Part II applies at any time after the

1 day of January, 2000, but before the commencement of this

Act; and

(b) within l8 months after the commencement of this Act the

landlord of the dwelling applies to the Tribunal–

the Tribunal may make any order in respect of the dwelling that it could have

made under section 43 or 49 on the application of the landlord if the

improvement works or structural alterations had been carried out after the

commencement of this Act and where it makes such an order the provisions

of section 43 or 49 (as the case requires) shall apply to the dwelling as they

apply to applications made under that section.

6. Where–

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(a) any application has been made to or any proceeding has been

instituted before any court or the Tribunal or any other

authority under the former Act; and

(b) that application or proceeding has not been determined before

the commencement of this Act; and

(c) the application or proceeding could have been brought under

this Act if this Act had been in operation when it was made or

instituted (whether or not it could have been brought before the

same court, Tribunal or authority);

the court, Tribunal or authority before whom it was brought shall

notwithstanding any other provision of this Act, continue to have jurisdiction

to hear and determine it in accordance with the provisions of this Act.

7. If it appears to the Minister to be desirable to do so, he may for such

period as he may specify appoint, in addition to the Rent Assessor provided

for in section 37, one or more other fit and proper persons to be Rent

Assessors; and every additional Rent Assessor so appointed shall, during the

term of his appointment and thereafter until he has disposed of all matters

referred to him during that term, have all the functions, powers and duties of

the Rent Assessor appointed under section 37.

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SCHEDULE 7

Section 55(4)

TENANT’S LIABILITY TO REPAIRS

Flushing Cisterns Renewal or repairs to W.C.

seat, chain.

WC fittings Renewal of broken W.C. pan.

Wash hand basin kitchen sink

and bath

Renewal of cracked or chipped

basin or sink. Renewal of

washers. Renewal or refixing

chain and plug. Repairs to

damaged draining board.

Taps generally other than stop

cock

Renewal of washers.

Drains Unchoking blocked traps and

pipes from connection to

fitting to underground

connection or stack pipes if

under the control of the tenant.

Meters

Repairs to damaged meters if

under the control of the tenant.

Electrical fittings

Renewal or repairs to broken

or defective switches, plugs,

pendants, lamp holders and

fuses.

Door, window and cupboard

fitting

Repairs to locks, hinges, bolts,

hooks, buttons, etc.

Replacement of lost keys.

Blinds

Blinds Repair to damaged slats,

canvas and fittings.

Awnings

Repair to fittings.

Glass

Replacement of broken glass

to doors and windows.

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Chimneys

Sweeping.

Plaster

Repairs to damaged internal

plaster.

Floors

Renewal of broken tiles.

Decoration

Interior decoration.

Gullies

Unchoking of and renewal of

missing or broken gratings.

In addition, the tenant is also responsible for any damage to the premises,

including fixtures and fittings, caused by neglect, carelessness or willfulness.

Provided that the tenant will not be liable for any repairs, the need for which

arose from failure of the landlord to discharge any legal obligation.

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SCHEDULE 8

Schedule 4 Part II

Paragraph 4

FURNITURE TO BE PROVIDED IF PROPERTY

IS LET FURNISHED

(a) In any room let as a bedroom:

(1) One bed or if let for occupation by two persons, one double bed or two

single beds, complete with the necessary mattresses and pillows.

(2) One wardrobe complete with shelves and hanging rails or locks.

(3) One dressing table and chest of drawers.

(4) One (or two if let for occupation by two persons) night table.

(5) One armchair (provided that where the accommodation is let to two

persons there shall be 2 armchairs).

(b) In any room let as a sitting room/dining room:

(1) One dining table.

(2) One coffee table.

(3) Two armchairs and one settee.

(4) Four chairs.

(5) One cupboard or one sideboard.

(c) In any room let as a kitchen:

(1) One electric cooker, (which shall consist of at least two cooking plates

and one oven).

(2) One fridge.

(3) One kitchen table.

(4) Two chairs.

(5) One sink unit.

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(6) One kitchen cupboard.

(7) One washing machine.

(d) In any room let as a bed sitting room:

(1) One bed or if let for occupation by two persons, one double bed or two

single beds, complete with the necessary mattresses and pillows.

(2) One wardrobe.

(3) One dining table.

(4) Two armchairs.

(5) Two chairs.

(6) One cupboard or sideboard.

(7) Kitchen sink unit.

(8) One electric cooker.

(9) One fridge.

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SCHEDULE 9

Section 81(2)

CONSTITUTION AND ROLE OF HOUSING ADVISORY COUNCIL

Membership of the Council.

1.(1) The Council shall consist of the Minister as chairperson and the

following members—

(a) the Principal Housing Officer;

(b) the Chief Technical Officer;

(c) the Managing Director, Land Property Services Limited;

(d) two persons appointed by the Minister representing public

housing estates tenant’s associations;

(e) two persons appointed by the Minister representing private

estates;

(f) two other persons who in the opinion of the Minister may be

able to make a valuable contribution to the work of the Council;

(g) two persons appointed by the Minister representing the interests

of private landlords;

(h) two persons appointed by the Minister representing the interests

of private tenants.

(2) In respect of each appointed member there shall be an alternate member

appointed by the Minister to substitute for any member of the Council.

(3) Appointed members and alternate members of the Council shall hold

office for such period as may be specified in their instrument of appointment,

and shall be eligible for re-appointment.

(4) Notwithstanding anything contained in paragraph 3, the Minister may,

in his discretion, terminate the appointment of any appointed member and

alternate member of the Council at any time on the grounds of inability,

persistent failure to attend meetings or misconduct.

Terms of reference.

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2. The Council shall have the following terms of reference—

(a) To assess, and keep under review, the housing market in

Gibraltar, and in particular to monitor supply, demand, house

prices and affordability, both in relation to purchase and rental

housing, and to advise the Government thereon.

(b) To identify present and future housing issues that require or

may require addressing.

(c) To monitor the incidence of and advise Government on ways of

combating anti-social behaviour in housing areas.

(d) To provide advice to the Government on housing matters

generally.

(e) To advise the Government on any matter related to housing

which the Minister may refer to the Council.

Procedure.

3. Subject to the provisions of this Schedule, the procedure of the Council

shall be regulated by the Minister.

Secretary.

4. The Minister shall designate an officer of the Ministry for Housing to be

the secretary of the Council.

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SCHEDULE 10

Section 82(2)

CONSTITUTION AND ROLE OF HOUSING TRIBUNAL

Membership of the Tribunal.

1.(1) The Tribunal shall consist of a chairperson and four members

appointed by the Chief Minister, one of whom shall be a barrister or solicitor

admitted to practice in Gibraltar.

(2) Members of the Tribunal shall hold office for such period as may be

specified in their instrument of appointment.

(3) Notwithstanding anything contained in sub-paragraph (2), the Chief

Minister may, at any time, in his discretion terminate the appointment of the

chairperson and any member of the Tribunal on the grounds of inability,

neglect of duty or misconduct.

(4) The validity of any proceedings of the Tribunal shall not be affected by

a defect in the appointment of any of its members.

(5) The Chief Minister shall designate a public officer to be the secretary of

the Tribunal and shall hold office for such period of time as may be specified

in the instrument of appointment.

(6) The secretary to the Tribunal shall act under the direction of the

chairperson of the Tribunal.

(7) The chairperson and members of the Tribunal shall not act as such in

relation to any matter in which he has a personal interest.

(8) The chairperson and members of the Tribunal shall not disclose any

information received in the course of his duties except in such cases as may

be required by law.

(9) The chairperson and two members of the Tribunal shall form a quorum.

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Procedure.

2.(1) Proceedings before the Tribunal may be continued by the chairperson

and any one or more of the members of the Tribunal if all parties give their

consent.

(2) Unless the Tribunal otherwise fixes a date for a hearing, any party to

proceedings which are to be heard by the Tribunal shall serve notice on the

secretary that he wishes a date for the hearing to be fixed.

(3) On receipt of a notice under paragraph 2(2) the secretary shall send

notice to each party to the proceedings of the place, date and time of the

hearing.

(4) Unless the parties otherwise agree or the Tribunal otherwise directs,

the date of the hearing specified in a notice under paragraph 2(3) shall not be

earlier than 28 days after the date on which the notice is sent to the parties.

(5) If it is shown to the satisfaction of the Tribunal that owing to any

reasonable cause a person has been prevented from attending the hearing of

an appeal or other matter on the day fixed for that purpose, the Tribunal may

adjourn the hearing of the appeal or other matter for such reasonable time as

it thinks necessary.

(6) Any party to the matter before the Tribunal may represent himself or be

represented by a lawyer and the Principal Housing Officer may be

represented by a subordinate officer.

Hearings.

3.(1) Hearings before the Tribunal shall be conducted in such manner as the

chairperson and members of the Tribunal consider most suitable for the

clarification and determination of the issues before the Tribunal and generally

to the just handling of the proceedings.

(2) Evidence before the Tribunal may be given orally or, if the Tribunal so

directs, by affidavit or a statement made or recorded in a document, but at

any stage of the hearing, the Tribunal may, on the application of any party or

of its own motion, require the personal attendance as a witness of—

(a) the maker of an affidavit; or

(b) the maker of a statement; or

(c) in the case of an oral statement recorded in a document, the

person by whom the statement was so recorded:

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Provided that the Tribunal may require any witness to give evidence on oath

or affirmation and for that purpose there may be administered an oath or

affirmation in due form.

Decisions.

4.(1) A decision of the Tribunal shall be made by the votes of the majority of

the members comprising that Tribunal and in the event of an equality of

votes the chairperson shall be entitled to a second or casting vote.

(2) The decision may be given orally by the chairperson at the end of the

hearing or may be reserved and in either event shall be recorded in a

document signed and dated by the chairperson.

(3) The secretary shall send to each party a notice setting out the decision

recorded under paragraph 4(2).

(4) Except where the decision is given at the end of a hearing, it shall be

treated as having been made on the date when the notice is sent to the parties

under paragraph 4(3).

Further particulars.

5. The Tribunal may, at any time before the determination of an appeal or

other matter, give notice to the appellant, applicant or any other party to the

proceedings requiring him within a time specified in the notice to deliver to it

such particulars as it may require for the purposes of determining the appeal

or other matter.

Summoning of witnesses.

6. The Tribunal may summon any person to appear before it and give

evidence.

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Irregularity.

7. Any irregularity resulting from any failure to comply with any provision

of this Schedule or with any direction given by the Tribunal before the

Tribunal has reached its formal determination shall not of itself render the

proceedings void.

Notices.

8.(1) Every notice required by this Schedule shall be in writing unless the

members of the Tribunal authorise it to be given orally.

(2) Any notice or document required or authorised by this Schedule to be

sent, delivered to or served on any person shall be duly sent, delivered or

served by hand, by post or by facsimile transmission.