Housing Act 2007

Link to law: http://www.gibraltarlaws.gov.gi/articles/2007-36o.pdf
Published: 2008-06-01

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I ASSENT 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.