Landlord And Tenant Act (Gibraltar)

Landlord And Tenant Act

Published: 1985-07-01

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Landlord and Tenant

1983-49

LANDLORD AND TENANT ACT

Principal Act

Act. No. 1983-49 Commencement date of

the Act other than the

provisions listed below

1.7.1985

Part IV, ss.75 and 76, Sch. 3,

para 5 of Sch. 4 and Sch. 5

1.1.1986

Assent 19.12.1983

Amending

enactments

Relevant current

provisions

Commencement

date

Acts. 1985-11 ss. 16, 22(1) and (4), 23(6)(a),

26(4)(b), 29(3), 30(1), 80A, 81(b)

and 82(1), Sch. 2

1.7.1985

1985-17 ss.1(2), 22 and 83 1.7.1985

1985-27 ss.62(3), 69 and Sch.5 1.1.1986

1987-22 s.33(9) 29.10.1987

1988-38 ss. 4A and 79A 15.12.1988

1989-29 ss.3(1)(b) and (c), 22, 35, 36A and

69(2A)

10.8.1989

1990-32 ss.5 and 22(3) 1.11.1990

1991-37 ss.2(1), 3(1)(a), (b)(i) and (iii) and

(c), (2), (3) and (4), 5(1) and (2),

6(2), 18(3)(a)(ii) and (11), 23(3)

and (6), 25(2), 27(2) and (4)(c),

28, 29(3) and (4), 32(2), 33(6),

38(3) and (4), 42, 81(f) and (g),

Sch.1, Sch. 6 and Sch. 7

2.4.1992

“ ss.10(1)(a), (b) and (c), (2) and (7),

11A, 22 and 80A(1)

1.7.1992

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1983-49

2004-09 ss. 10(1)(a) and 15(1) 6.4.2004

2007-17 s. 79A 14.6.2007

2007-36 ss. 10 - 36A (Part III) 1.6.2008 *

2013-17 ss. 10 and 11A [see note below] 8.8.2013 1

English sources

None cited

* Commencement notice LN. 2008/012 see saving provisions in Part III (repealed) of this

Act.

1 Sections 10 and 11A of the Landlord and Tenant Act 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, cease to apply on the commencement of this Act.

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1983-49

ARRANGEMENT OF SECTIONS.

Section

1. Short title and commencement .

PART I.

PRELIMINARY PROVISIONS.

2. Interpretation.

3. Definition of “tenant”.

4. Application to the Crown.

4A. Forfeiture clauses in Crown Leases.

PART II.

ADMINISTRATION.

5. Rent Assessor.

6. Functions and powers of Rent Assessor.

7. Rent Tribunal.

8. Secretary.

9. Communal services tenements.

PART III.

Repealed

10-36A Repealed

PART IV.

BUSINESS PREMISES.

37. Meaning of “landlord” in Part IV.

38. Tenancies to which Part IV applies.

39. Register of tenancies of business premises.

40. Production of register.

41. Rent Assessor may require information.

42. Offences relating to register.

43. Continuation of tenancies to which Part IV applies and grant of new

tenancies.

44. Termination of tenancy by landlord.

45. Tenant’s request for a new tenancy

46. Termination by tenant of tenancy for fixed term.

47. Renewal of tenancies by agreement.

48. Order by court for grant of a new tenancy.

49. Opposition by landlord to grant of new tenancy.

50. Dismissal of application for new tenancy.

51. Property to be comprised in new tenancy.

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1983-49

52. Duration of new tenancy.

53. Rent under new tenancy.

54. Other terms of new tenancy.

55. Carrying out of order for new tenancy.

56. Compensation where order for new tenancy precluded on certain

grounds.

57. Extension of time.

58. Restriction on agreements excluding provisions of Part IV.

59. Compulsory acquisitions.

60. Duty of tenants and landlords of business premises to give

information to each other.

61. Trusts.

62. Groups of companies.

63. Tenancies excluded from Part IV.

64. Modification of rights on grounds of public interest.

65. Termination on special grounds.

66. Termination where redevelopment required in the public interest.

67. Compensation for exercise of powers under sections 65 and 66.

68. Special provisions relating to the Ministry of Defence.

69. Assignments.

PART V.

GENERAL PROVISIONS.

70. Restriction on right to possession in certain cases.

71. Compensation for possession obtained by misrepresentation.

72. Power to issue notices and summonses.

73. Errors in notice of increase.

74. Appeals against decisions of Rent Tribunal and Rent Assessor.

75. Notices to quit.

76. Retrospective and interim awards.

77. Interim continuation of tenancies pending determination by court or

Tribunal.

78. Provisions as to reversions.

79. Provisions as to mortgagees in possession.

79A. Tenant to supply rates demand note to landlord if so requested.

80. Rules of court.

80A. Reserve fund.

81. Regulations.

82. Amendment of other enactments.

83. Repeal.

84. Savings.

SCHEDULE 1.

Statutory Rent for Dwellinghouses.

SCHEDULE 2.

Possession of ejectment without proof of alternative accommodation.

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1983-49

SCHEDULE 3.

Provisions for the purpose of Part IV where the immediate landlord is not

the owner of the fee simple.

SCHEDULE 4.

Transitional provisions.

SCHEDULE 5.

Recovery of business premises.

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1983-49

AN ACT TO REGULATE THE RELATIONSHIP BETWEEN

LANDLORD AND TENANT, AND FOR MATTERS RELATING

THERETO.

Short title and commencement.

1.(1) This Act may be cited as the Landlord and Tenant Act.

(2) This Act, other than subsection (2) of Section 82, shall come into

operation on a date to be appointed by the Governor, by notice published in

the Gazette, and different days may be appointed under this subsection for

different provisions; and any reference in any provision to the

commencement of this Act shall be construed as a reference to the day

appointed under this subsection for the coming into operation of that

provision.

PART I.

PRELIMINARY PROVISIONS.

Interpretation.

2.(1) In this Act, unless the context otherwise require–

“business” includes any business, employment, profession, or trade, and

also includes any activity carried on by a club or society or body of

persons, whether corporate or unincorporated;

“business premises” means premises that are used for the purposes of any

business;

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

being declared by the Governor under section 9 to be a communal

services tenement;

“court”, in Part IV, and Schedules 3 and 5, means the Supreme Court, but

otherwise means the Court of First Instance;

“current tenancy” has the meaning assigned to it by section 45(1);

“date of termination” means the date referred to in section 44(1);

“dwellinghouse” means domestic premises which are used exclusively for

residential purposes;

“holding”, subject to section 51, has the meaning assigned to it by section

38(2);

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1983-49

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

sub-letting;

“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;

“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;

“ratable value”, in relation to a dwelling house–

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

before the commencement of this Act, means the ratable value of

those premises on the commencement of this Act; and

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

commencement of this Act, means the ratable 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 1 and any 117 water rate levied under section 117 of that

Act;

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

rent that is recoverable from the tenant under this Act;

“Rent Assessor” means the Rent Assessor appointed under section 5;

“Rent Tribunal” means the Rent Tribunal established under section 7;

“statutory rent”, in relation to a tenancy of any dwellinghouse, 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–

1 1950-07

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1983-49

(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 dwellinghouse, 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.

(2) In this Act, 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.

(3) For the purposes of this Act, where–

(a) any premises are held by a company or other body corporate as a

landlord or as a tenant; and

(b) it is material for any purpose of this Act that such holder of the

premises has transferred or assigned its interest in the premises

or has ceased to occupy the premises–

then unless a court of competent jurisdiction otherwise determines, any

transfer or change in the legal or beneficial ownership of any share in the

company or other body corporate (other than a bona fide transfer by way of

security only or on succession on death) or any change in its membership,

shall constitute such a transfer, assignment or cesser of occupation, as the

case requires.

Definition of “tenant”.

3.(1) In this Act, 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 Part III means an individual and includes,–

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1983-49

(i) the widower or widow 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 widower or widow, the

member (if any) of the tenant’s family determined in

accordance with subsections (2) and (3); and

(iii) where the tenant ceases to occupy the dwellinghouse for

a reason prescribed for the purposes of this section, the

spouse or other of the tenant’s family determined in

accordance with subsections (2) and (3);

of section 36A was in lawful occupation of premises register

under the provisions of the Labour from Abroad

Accommodation) Act 2 .

(2) For the purposes of subsection (1), the expression “the member of

the tenant’s 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 dwellinghouse 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.

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

subsection (2) applies, the expression “the member of the tenant’s 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 dwellinghouse for a prescribed reason of the tenant; or

(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 dwellinghouse for a prescribed reason of the

tenant.

(4) On the death or departure from the dwellinghouse 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 Part III of this

Act arose on the death or departure from the dwellinghouse for a prescribed

reason of the person who had been the tenant under a tenancy to which that

Part applied, any member of the family of the first mentioned tenant or (if

2 1971-05

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1983-49

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 Part III of this Act

shall pass to him.

Application to the Crown.

4.(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

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

dwellinghouse to which Part III 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 dwellinghouse to

which Part III 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 Part III to any other tenant or tenancy where the other tenancy

is not held directly from the Crown.

(3) Subject to Part IV and to subsection (4), Part IV shall apply to the

Crown in right of the United Kingdom and in right of Gibraltar.

(4) Where a tenancy is held by or on behalf of the Crown and the

property comprised in the tenancy is or includes premises occupied for any

purposes of any Government department, the tenancy shall be one to which

Part IV applies; and for the purposes of any provision of Part IV that is

applicable only if either or both of the following conditions are satisfied, that

is to say–

(a) that any premises have during any period been occupied for the

purposes of the tenant’s business;

(b) that on any change of occupier of any premises the new occupier

succeeded to the business of the former occupier,–

those conditions shall be deemed to be satisfied respectively in relation to

such a tenancy if, during that period, or as the case may be, immediately

before and immediately after the change, the premises were occupied for the

purposes of a Government department.

(5) Subsection (4) shall apply in relation to any premises provided by a

Government department without any rent being payable to the Crown for the

premises, as if they were occupied for the purposes of a Government

department.

Forfeiture clauses in Crown Leases.

4A.(1) This section applies to every tenancy where the interest of the

Landlord belongs to the Crown.

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1983-49

(2) Notwithstanding any provisions of this Act 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 (44 and 45 Vict. Ch. 41) shall not have effect,

and

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

lessee.

PART II.

ADMINISTRATION.

Rent Assessor.

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

Assessor.

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

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

any of the several matters, which by virtue of the provisions of this Act, may

be referred to the Rent Assessor.

Functions and powers of Rent Assessor.

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

conferred on him by this Act.

(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.

Rent Tribunal.

7.(1) There is hereby established a tribunal to be called the Rent Tribunal.

(2) The Rent Tribunal shall consist of the following members:

(a) one person, being a person who is qualified to practice as a

barrister or solicitor in Gibraltar or in the United Kingdom, who

shall be appointed as chairman; and

(b) one person, being so qualified, who shall be appointed as deputy

chairman; and

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1983-49

(3) Each member of the Rent Tribunal shall be appointed by the

Governor for a term of 3 years to be specified in the appointment, and may

from time to time be reappointed, and shall be entitled to such remuneration

as the Governor shall prescribe.

(4) The Governor may remove any member from office for inability,

neglect of duty, insolvency or misconduct.

(5) For the purposes of hearing and determining any matter, any uneven

number of members, not being fewer than 3 and including the chairman or

the deputy chairman, shall constitute the Rent Tribunal.

(6) Where for any reason the chairman is unable to sit on the Rent

Tribunal in respect of any matter, the deputy chairman shall preside, and

while so presiding he shall have the same standing, powers and duties as the

chairman.

Secretary.

8. The Governor shall appoint a public officer to be the secretary of the Rent

Tribunal.

Communal services tenements.

9. The Governor may from time to time, by notice in the Gazette, declare to

be a communal services tenement for the purposes of this Act any

dwellinghouse where–

(a) the dwellinghouse forms part of premises let in parts as

dwellinghouses; and

(b) the tenant of the dwellinghouse shares lavatory facilities in

common with other tenants of a dwellinghouse in the same

premises.

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1983-49

PART III.

DOMESTIC PREMISES.

Application of Part III.

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

dwellinghouses but only to the following extent, namely:

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

before the first day of March 1959;

(b) it shall apply to such a dwellinghouse, whenever it is so let, if

but only if it is let as a separate dwellinghouse; and

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

a separate dwellinghouse, as if that part were a separate

dwellinghouse –

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

be a dwellinghouse to which this Part applies.

(2) Any room in a dwellinghouse that is subject to a separate letting,

wholly or partly, as a dwellinghouse shall for the purposes of this Part be

treated as a part of a dwellinghouse let as a separate dwellinghouse.

(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 dwellinghouse

and the ratable value of the land or premises, if let separately, would be less

than 25 percent of the ratable value of the dwellinghouse, if let separately,

the land or premises shall for the purposes of this Part be treated as part of

the dwellinghouse.

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

dwellinghouse that is let together with land other than the site of the

dwellinghouse.

(6) Where, in order to determine the ratable value of a dwellinghouse, it

is necessary to apportion the ratable value of the property in which the

dwellinghouse 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 dwellinghouse shall be final and conclusive.

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1983-49

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

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

Rent Tribunal or in any application of the provisions of this Part, the year

in which that application was first made.

Statutory rent.

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

any dwellinghouse to which this Part applies shall be the rent appropriate

to that dwellinghouse as calculated in accordance with Schedule 1.

(2) Notwithstanding subsection (1)–

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

circumstances of the case, including the design, condition and

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

may increase or decrease the statutory rent of that

dwellinghouse, as calculated in accordance with subsection (1),

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 19, carried out substantial

repairs to a dwellinghouse (other than works described in

section 13(3)) at any time before the lst day of January, 1986,

he may increase the statutory rent by not more than 40 percent

of the amount of the existing statutory rent.

(3) The Rent Assessor may only exercise his powers under subsection (2)

once in respect of any dwellinghouse.

Rents of dwellinghouses becoming controlled.

11A. Where a dwellinghouse not being one to which this Part applies,

becomes by virtue of the operation of section 10(1)(a) a dwellinghouse to

which this Part applies–

(a) the tenant may make application to the Rent Assessor to

determine the statutory rent in respect of that dwellinghouse;

(b) notwithstanding any other provisions of this Act, the

determination of the rent in relation to a dwellinghouse to which

this section applies, shall be made in accordance with the

provisions prescribed in regulations by the Governor for this

purpose;

(c) references in this Act to “statutory rent” shall, in respect of a

dwellinghouse falling within this section, be interpreted to be

references to rent determined in accordance with this section.

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1983-49

Rating adjustments.

12. Where the rates payable in respect of any dwellinghouse that is a

communal services tenement are increased or decreased in relation to the

rates payable for it in the year 1984, the statutory rent of the dwellinghouse

shall be increased or decreased by the same amount.

Adjustments for improvements.

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

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

dwellinghouse where the Rent Assessor is satisfied that the landlord has

since the commencement of this Act incurred expenditure on improving or

structurally altering the dwellinghouse.

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

statutory rent of any dwellinghouse–

(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 11(2); or

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

and that either–

(i) he was the tenant at the time of the expenditure and did

not consent in writing to the work; or

(ii) the landlord was in possession at the date of the

expenditure and the tenant was the first subsequent

tenant and became the tenant without notice of the

nature of the works, the amount of the expenditure and

the amount of the maximum increase in the statutory rent

permissible because of the expenditure.

(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 dwellinghouse 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 dwellinghouse is due wholly or partly to

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

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1983-49

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

be made.

Adjustments for sub-letting.

14.(1) Where the Rent Assessor is satisfied that a dwellinghouse to which

this Part applies, or any part of that dwellinghouse, is lawfully sub-let, he

shall increase the statutory rent payable to the landlord by the tenant who

grants the sub-letting by 50 per cent of the rent received by the tenant from

the sub-letting.

(2) An increase under subsection (1) shall have effect as long, but only

as long, as the sub-tenancy continues.

Rent payable by Gibraltarians.

15.(1) Notwithstanding section II, but without prejudice to sections 12, 13

and 14, where a dwellinghouse to which this Part applies becomes vacant,

and the Rent Assessor is satisfied that the landlord proposes to let it bona

fide to a Gibraltarian or any other natural person which person has been

resident in Gibraltar for at least ten years for his own benefit or the benefit

of another Gibraltarian or any other natural person which person has been

resident in Gibraltar for at least ten years, at a rent determined by

agreement, the Rent Assessor may approve the transaction, and on the

letting of the dwellinghouse by the landlord, in accordance with the terms of

the approved transaction, the rent so determined shall be the statutory rent

of the dwellinghouse.

(2) An increase under subsection (1) shall have effect only so long as

the dwellinghouse continues to be occupied by–

(a) the person to whom, or for whose benefit, the landlord has

proposed under subsection (1) to let it; or

(b) any member of his family who succeeds him as the tenant under

subsections (1)(b), (2), (3) and (4) of section 3.

(3) Any agreement made under this section shall be rescinded where the

statutory rent as calculated under Schedule 1 exceeds the statutory rent

agreed to by the parties under this section and substituted by the statutory

rent as calculated under Schedule 1.

16. Revoked

Restrictions on rent increases.

17.(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

dwellinghouse to which this Part applies–

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1983-49

(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 14 (which relates to sub-lettings), the increase shall be due

and recoverable as from the date of the sub-letting.

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

under section 12 (which relates to rates) only 2 weeks’ notice of the

landlord’s intention shall be required.

Restrictions on recovery of possession.

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

dwellinghouse 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 2;

(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.

(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 dwellinghouse to which this Part applies; or

(ii) of premises to be let as a separate dwellinghouse 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

dwellinghouses to which this Part applies; and

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

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1983-49

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

accommodation afforded by dwellinghouses 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 dwellinghouses

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 dwellinghouse to which this Part applies; or

(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 dwellinghouse 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

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(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 dwellinghouse to

which this Part applies; and

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

dwellinghouse,

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 dwellinghouse or any part of a dwellinghouse to which this

Part applies has been lawfully sub-let by the tenant to a sub-tenant before

proceedings for recovery of possession or ejectment are commenced against

the tenant, no order or judgment on those proceedings against the tenant

shall affect any right of the sub-tenant to retain possession under this

section or in any other way operate against the sub-tenant.

(9) 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 2 and it subsequently appears to the

court that the order or judgment was obtained by misrepresentation or the

concealment of 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.

(10) 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 dwellinghouse 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.

(11) Where, in accordance with the provisions of any other Act, an Order

is made by any court for the demolition of a dwellinghouse and that court

was satisfied that the demolition of that dwellinghouse was in whole or in

part necessitated by the failure of the landlord to maintain such

dwellinghouse, or the premises in which it is situated, in a fit and proper

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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.

19.(1) Notwithstanding any other provision in this Act, Where–

(a) a court has ordered the landlord of a dwellinghouse to which

this Part applies to carry out any repairs to the dwellinghouse;

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

dwellinghouse 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 dwellinghouse 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 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 dwellinghouse, 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.

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20. Where the landlord of a dwellinghouse 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.

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

dwellinghouse 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 18 on applications for the recovery of possession.

Application for re-assessment of statutory rent.

22.(1) Where–

(a) structural alterations have been carried out, or are to be carried

out, to the dwellinghouse on or after the commencement of this

Act; and

(b) the bona fide effect of the structural alterations is or will be,

when carried out, to reconstruct the dwellinghouse either–

(i) into a dwellinghouse that is substantially a larger

dwellinghouse than it was before the alterations; or

(ii) into two or more separate, self-contained

dwellinghouses; and

(c) the structural alterations do not or will not, when they are

carried out, have the effect of decreasing the overall housing

stock; and

(d) no undue hardship will be caused to any tenant of the dwelling

house by the structural alterations–

the landlord may make application to the Rent Assessor to determine new

statutory rent or rents in relation to that dwellinghouse or those

dwellinghouses.

(2) Where a person is or becomes a tenant of a dwellinghouse to which

subsection (1)(b) applies and no statutory rent has been assessed in

accordance with subsection (1), the tenant may apply to the Rent Assessor

for a statutory rent to be assessed.

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(3) Where a dwellinghouse to which this Part applies becomes vacant,

the landlord may apply to the Rent Assessor for the statutory rent in respect

of that dwellinghouse to be reassessed, and the Rent Assessor shall re-

assess that statutory rent in accordance with the provisions of this section.

(4) In determining a statutory rent as a result of an application made

under subsections (1), (2) or (3), the Rent Assessor shall do so in

accordance with the provisions prescribed by regulation for this purpose

and references in this Act to “statutory rent” in respect of a dwellinghouse

to which this section applies, shall be the statutory rent so determined.

(5) Subject to subsection (6), a determination made under this section,

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

which the structural alterations were completed.

(6) Where a determination is made under this section in respect of any

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.

Restrictions on sub-letting.

23.(1) No tenant of a dwellinghouse to which this Part applies shall,

without first obtaining the consent of the landlord, sub-let any part of the

dwellinghouse.

(2) The landlord’s consent to the sub-letting shall not be unreasonably

withheld.

(3) 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.

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

proves that the landlord’s consent to the sub-letting to which the charge

relates is unreasonably withheld.

(5) Where–

(a) the tenant of a dwellinghouse to which this Part applies sub-lets

any part of the dwellinghouse; and

(b) the sub-let part is also a dwellinghouse to which this Part

applies–

the tenant shall within 14 days after the sub-letting commences, supply to

the landlord a statement in writing, in the prescribed form, specifying the

particulars of the sub-letting.

(6) A tenant who without reasonable excuse–

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(a) fails to comply with subsection (5); or

(b) supplies under that subsection a statement that is false in any

material particular–

is guilty of an offence and is liable on summary conviction to a fine at level

2 on the standard scale.

(7) The provisions of this section shall be without prejudice to any other

provision in this Act relating to sub-letting.

Recovery of increased rent where premises unlawfully sub-let.

24.(1) Where the tenant of a dwellinghouse to which this Part applies–

(a) has (whether before or after the commencement of this Act),

sub-let any part of the dwellinghouse; and

(b) has not notified the landlord of the subletting in accordance

with section 23(5) –

the statutory rent shall be deemed to have been increased at the date on

which the sub-tenancy took effect or at the date of commencement of this

Act (whichever is the later date) by an amount by which the landlord would

under section 14 be entitled to increase the rent.

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

and recoverable by the landlord from the tenant.

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

period exceeding 6 months.

Recovery of premises sub-let at excessive rent.

25.(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 dwellinghouse and the part sub-let; or

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

has been made–

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–

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1983-49

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

otherwise) as between the dwellinghouse 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.

26.(1) Where–

(a) a tenant of a dwellinghouse to which this Part applies has

lawfully sub-let any part of the dwellinghouse; and

(b) the sub-let part is also a dwellinghouse 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.

(2) Before re-letting the dwellinghouse 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

subsection (1) on him.

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

refers, –

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1983-49

(a) the landlord shall serve notice under subsection (1) 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 Rent

Tribunal is satisfied, on the application of the landlord, that he requires the

dwellinghouse for occupation as a residence for–

(a) himself; or

(b) any son or daughter of himself or of his wife 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.

Conditions of statutory tenancies.

27.(1) Where a tenant by virtue of this Part retains possession of any

dwellinghouse 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

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1983-49

(ii) he shall not demand or accept a price exceeding the

reasonable price of the furniture or article.

(2) A tenant who contravenes paragraph (c) or paragraph (d) of

subsection (1) 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 dwellinghouse to which this Part applies, the

following conditions shall apply:

(a) the landlord shall insure the dwellinghouse (but not its contents)

against loss or damage by fire; and where fire destroys the

dwellinghouse, and the landlord rebuilds it, the tenant shall be

entitled to the first option to take a tenancy of the rebuilt

dwellinghouse, which option shall be exercisable within one

month after the landlord notifies the tenant that the

dwellinghouse has been rebuilt:

(b) the landlord shall be liable to maintain all permanent electrical

installations in good repair:

(c) the tenant shall, subject to paragraph (b), be liable to maintain

all interior fixtures and fittings in good repair, in accordance

with the provisions of Schedule 6 except for fair wear and tear:

(d) the tenant shall allow the landlord access to the dwellinghouse

and all reasonable facilities in order to carry out any repairs

that the landlord is entitled or obliged to carry out.

(5) Nothing in paragraph (b) or paragraph (c) of subsection (4) shall

relieve any person from liability for negligence.

Statement as to statutory rent.

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1983-49

28. A landlord of any dwellinghouse to which this Part applies shall, on

being so requested in writing by the tenant of the dwellinghouse, supply him

with a statement in writing as to what is the statutory rent of the

dwellinghouse, 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 books.

29.(1) The landlord of a dwellinghouse to which this Part applies shall–

(a) provide a rent book to the tenant; and

(b) produce a copy of the rent book to the Rent Assessor at the

request of the Rent Assessor.

(2) The landlord shall insert and maintain in the rent book and the copy

the prescribed particulars in respect of the tenancy.

(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 dwellinghouse, 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 rent book 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;

(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.

30.(1) Where any contract, other than a contract of tenancy to which

section 15 applies, has, whether before or after the commencement of this

Part, been entered into whereby a dwellinghouse to which this Part applies

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has been let, then subject to the provisions of this section, the landlord or

the tenant may in the prescribed form apply to the Rent Tribunal to

determine–

(a) what is the correct amount of the statutory rent payable in

respect of the dwellinghouse 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 Rent 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 Rent Tribunal

shall determine the statutory rent of the dwellinghouse to which the

application relates in accordance with the criteria laid down in this Part.

(4) In any proceedings before the Rent Tribunal under this section,

where the landlord and the tenant are in dispute as to the amount of the

statutory rent for the dwellinghouse to which the application relates, the

onus shall be on the landlord to prove the correct amount of the statutory

rent.

(5) Where the Rent Tribunal determines the statutory rent in respect of

any dwellinghouse under this section, that rent shall be the statutory rent

for the dwellinghouse as at the date at which it is to be determined.

Recovery of rent.

31.(1) Notwithstanding any agreement to the contrary, where the rent of

any dwellinghouse 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.

Limitation on rent for furnished dwellinghouses.

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32.(1) Where before or after the commencement of this Act,–

(a) a person lets or has let a dwellinghouse that has been erected on

or before the 1st day of January, 1954 (not being a

dwellinghouse to which this Part, other than this section,

applies); and

(b) the rent for the letting includes payment for the use of furniture;

and

(c) the court is satisfied, on an application made by the tenant, that

the rent charged is yielding or will yield to the person letting the

dwellinghouse, as so furnished, a profit that exceeds the profit

that might reasonably be expected from a similar letting in the

year ending with the 31st day of December, 1983,

the court may order that the rent, so far as it exceeds that profit,–

(i) shall be irrecoverable; and

(ii) shall be repaid by the landlord to the tenant.

(2) Where after the commencement of this Act–

(a) any person lets a dwellinghouse in the circumstances described

in subsection (1); and

(b) in all the circumstances of the case, the rent charged yields the

landlord a profit that is extortionate–

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

fine at level 5 on the standard scale.

(3) The fact that a landlord is convicted of an offence under subsection

(2) shall not limit the rights of the tenant under subsection (1) in relation to

the landlord.

(4) The provisions of paragraphs (b) and (c) of subsection (1) of section

10, and subsections (2) to (6) inclusive of that section, shall apply to

dwellinghouses to which this section refers in the same way as they apply to

other dwellinghouses to which this Part applies.

Premiums.

33.(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

dwellinghouse to which this Part applies, require the payment of any

premium in addition to the rent.

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(2) Subject to the provisions of this section, a person shall not as a

condition of the assignment of a tenancy of a dwellinghouse to which this

Part applies requires the payment of any premium.

(3) Notwithstanding the provisions of subsection (1), a grantor of a

tenancy, the rent payable under the terms of which includes payment in

respect of the use of furniture 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 grantor in connection with the grant

or accruing to him in consequence thereof.

(4) Notwithstanding the provisions of subsection (2), an assignor of a

tenancy may, if apart from this section he would be entitled so to do, require

payment by the assignee–

(a) of so much of the outgoings discharged by the assignor as is

referable to any period after the assignment takes effect;

(b) of a sum not exceeding the amount of any expenditure

reasonably incurred by the assignor in carrying out any

structural alteration of the dwellinghouse or in providing or

improving fixtures therein, being fixtures which as against the

landlord he is not entitled to remove;

(c) where the assignor became a tenant of the dwellinghouse by

virtue of an assignment of the tenancy thereof, of a sum not

exceeding any reasonable amount paid by him to his assignor in

respect of expenditure incurred by that assignor, or by any

previous assignor of the tenancy, in carrying out such alteration

or in providing or improving any fixtures as mentioned in

paragraph (b); or

(d) where part of the dwellinghouse is used as business premises, of

a reasonable amount in respect of goodwill of the business,

being goodwill transferred to the assignee in connection with

the assignment or accruing to him in consequence thereof.

(5) 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.

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(6) 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.

(7) Nothing in this section shall render any amount recoverable more

than once.

(8) Where the purchase of any furniture or other articles is required as

a condition of the grant, renewal, or continuance of a tenancy or sub-

tenancy of a dwellinghouse 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 price 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.

(9) Repealed.

Power of court to determine questions of rent.

34. The court shall have power on the application of a landlord or tenant to

determine summarily any question as to the amount of the statutory rent or

the recoverable rent of a dwellinghouse to which this Part applies.

35. Repealed

Jurisdiction to grant possession.

36. Notwithstanding the provisions of section 13 of the Court of First

Instance Act, the court shall have jurisdiction to hear and determine any

action for the recovery of possession of a dwellinghouse to which this Part

applies.

Provisions with respect to premises used for the accommodation of certain

non-resident workers, and repeal of Act No.5 of 1971.

36A.(1) Notwithstanding the provisions of section 10, any premises which

immediately before the coming into operation of this section were registered

under the provisions of the Labour from Abroad (Accommodation) Act shall

be deemed to be a dwelling house to which this Part applies.

(2) The maximum weekly charge payable by a person immediately

before the coming into operation of this section for accommodation in the

premises referred to in subsection (1) shall be treated as the statutory rent

in relation to the tenancy of such premises until a different rent shall have

been determined in accordance with this Act.

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S.36A(3) repeals The Labour from Abroad (Accommodation) Act.

PART IV.

BUSINESS PREMISES.

Meaning of “landlord” in Part IV.

37.(1) Subject to subsection (2), in this Part the expression “the landlord”,

in relation to a tenancy (in this section referred to as “the relevant tenancy”),

means the person (whether or not he is the immediate landlord) who is the

owner of that interest in the property comprised in the relevant tenancy

which for the time being fulfils the following conditions, that is to say–

(a) that it is an interest in reversion expectant (whether immediately

or not) on the termination of the relevant tenancy; and

(b) that it is either the fee simple or a tenancy which will not come to

an end within 14 months or less by effluxion of time or by virtue

of a notice to quit already given by the landlord–

and is not itself in reversion expectant (whether immediately or not) on an

interest which fulfils those conditions.

(2) References in this Part to a notice to quit given by the landlord are

references to a notice to quit given by the immediate landlord.

(3) The provisions of Schedule 3 shall have effect for the application of

this Part to cases where the immediate landlord of the tenant is not the owner

of the fee simple in respect of the holding.

Tenancies to which Part IV applies.

38.(1) Subject to the provisions of this Act, this Part applies to any tenancy

where the property comprised in the tenancy is or includes premises that are

occupied by the tenant and are so occupied for the purposes of a business

carried on by him or for those and other purposes.

(2) In this Part the expression “the holding”, in relation to a tenancy to

which this Part applies, means the property comprised in the tenancy,

excluding any part that is not occupied either by–

(a) the tenant; or

(b) a person who–

(i) is employed by the tenant; and

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1983-49

(ii) is so employed for the purposes of a business by reason

of which the tenancy is one to which this Part applies.

(3) Where the tenant is using the whole or any part of the property

comprised in the tenancy, in breach of a prohibition (however expressed) of

use for business purposes or a specified business or a business other than a

specified business which subsists under the terms of the tenancy and extends

to the whole of that property, this Part shall not apply to the tenancy unless

the immediate landlord or his predecessor in title has consented to the breach

or the immediate landlord has acquiesced in the breach.

Register of tenancies of business premises.

39.(1) There shall be a register of tenancies of business premises, which

shall be kept in the prescribed form by the Rent Assessor.

(2) The Rent Assessor 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 Part applies, being a tenancy that has

commenced on or before the commencement of this Act, shall be registered

by the landlord in the prescribed manner within 3 months after the

commencement of this Act.

(4) Every tenancy to which this Part applies, being a tenancy that

commences after the commencement of this Act, shall be registered by the

landlord in the prescribed manner, within 3 months of the commencement of

the tenancy.

(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 the

change notify the Rent Assessor in writing of the change, and the Rent

Assessor shall amend the register accordingly.

(6) In this section, the commencement of a tenancy includes any renewal

of a tenancy.

(7) The register shall be open to inspection by any member of the public

on payment of the prescribed fee.

Production of register.

40. If any court of law or the Rent Tribunal so requires, the Rent Assessor–

(a) shall make the register available to the court or Tribunal; or

(b) supply to the court or Tribunal such details from the register as

the court or Tribunal may require.

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Rent Assessor may require information.

41.(1) The Rent Assessor may in writing require any landlord or tenant to

provide any information that is required for the purposes of section 39.

(2) Where any information is provided to the Rent Assessor pursuant to

a requirement under subsection (1), he shall enter it in the register,

Offences relating to register.

42. Any person who–

(a) fails to comply with any requirement imposed on him by any of

subsections (3), (4), and (5) of section 39; or

(b) for the purposes of or in connection with the registration of a

tenancy, or having been required under section 41 to provide any

information, knowingly provides any information that is untrue in

any material particular–

is guilty of an offence and is liable on summary conviction to a fine at level 4

on the standard scale, and in the case of a continuing offence to a further fine

one fiftieth of the amount at level 4 on the standard scale, for every day on

which the offence has continued.

Continuation of tenancies to which Part IV applies and grant of new

tenancies.

43.(1) A tenancy to which this Part applies shall not come to an end unless

terminated in accordance with the provisions of this Part; and, subject to

section 48, the tenant under such a tenancy may apply to the court for a new

tenancy–

(a) if the landlord has given notice under section 44 to terminate the

tenancy; or

(b) if the tenant has made a request for a new tenancy in accordance

with section 45.

(2) Subsection (1) shall not prevent the coming to an end of a tenancy by

notice to quit given by the tenant, by surrender or forfeiture, or by the

forfeiture of a superior tenancy.

(3) Notwithstanding subsection (1)–

(a) where a tenancy to which this Part applies ceases to be such a

tenancy, it shall not come to an end by reason only of the cesser,

but if it was granted for a term of years certain and has been

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continued by subsection (1) then (without prejudice to its

termination in accordance with any terms of the tenancy) it may

be terminated by not less than 6 nor more than 12 months, notice

in writing given by the landlord to the tenant;

(b) where, at a time when a tenancy is not one to which this Part

applies, the landlord gives notice to quit, the operation of the

notice shall not be affected by reason that the tenancy becomes

one to which this Part applies after the giving of the notice.

Termination of tenancy by landlords.

44.(1) Subject to section 77, the landlord may terminate a tenancy to which

this Part applies by a notice given to the tenant in the prescribed form

specifying the date of termination.

(2) Subject to subsection (3), a notice under this section shall not have

effect unless it is given within the appropriate time specified in Schedule 5.

(3) In the case of a tenancy which apart from this Act could have been

brought to an end by notice to quit given by the landlord–

(a) the date of termination specified in a notice under this section

shall not be earlier than the earliest date on which, apart from this

Part, the tenancy could have been brought to an end by notice to

quit given by the landlord on the date of the giving of the notice

under this section; and

(b) where apart from this Part more than 6 months’, notice to quit

would have been required to bring the tenancy to an end,

subsection (2) shall have effect with the substitution for the

maximum period of notice permitted under Schedule 5 of a

period 6 months longer than the length of notice to quit which

would have been so required.

(4) In the case of any other tenancy, a notice under this section shall not

specify a date of termination earlier than the date on which, apart from this

Part, the tenancy would have come to an end by effluxion of time.

(5) A notice under this section shall not have effect unless it requires the

tenant, within 2 months after the giving of the notice, to notify the landlord

in writing whether or not, at the date of termination, the tenant will be

willing to give up possession of the property comprised in the tenancy.

(6) A notice under this section shall not have effect unless it states

whether the landlord would oppose an application to the court under this

Part for the grant of a new tenancy and, if so, also states on which of the

grounds mentioned in section 49 he would do so.

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Tenant’s request for a new tenancy.

45.(1) A tenant’s request for a new tenancy may be made where the tenancy

under which he holds for the time being (hereinafter referred to as “the

current tenancy”) is a tenancy granted for a term of years certain exceeding

one year, whether or not continued by section 43, or granted for a term of

years certain and thereafter from year to year.

(2) A tenant’s request for a new tenancy shall be for a tenancy beginning

with such date, being not more than 12 nor less than 6 months after the

making of the request, as may be specified in the request.

(3) The date referred to in subsection (2) shall not be earlier than the

date on which apart from this Act the current tenancy would come to an end

by effluxion of time or could be brought to an end by notice to quit given by

the tenant.

(4) A tenant’s request for a new tenancy shall not have effect unless it is

made by a notice in the prescribed form given to the landlord and setting out

the tenant’s proposals as to the property to be comprised in the new tenancy

(being either the whole or part of the property comprised in the current

tenancy), as to the rent to be payable under the new tenancy and as to the

other terms of the new tenancy.

(5) A tenant’s request for a new tenancy shall not be made if the landlord

has already given notice under section 44 to terminate the current tenancy, or

if the tenant has already given notice to quit or notice under section 46; and

no such notice shall be given by the landlord or the tenant after the making

by the tenant of a request for a new tenancy.

(6) Where the tenant makes a request for a new tenancy in accordance

with the foregoing provisions of this section, the current tenancy shall,

subject to the provisions of subsection (2) of section 55 and the provisions of

section 77 as to the interim continuation of tenancies, terminate immediately

before the date specified in the request for the beginning of the new tenancy.

(7) Within 2 months of the making of a tenant’s request for a new

tenancy the landlord may give notice to the tenant that he will oppose an

application to the court for the grant of a new tenancy, and any such notice

shall state on which of the grounds mentioned in section 49 the landlord will

oppose the application.

Termination by tenant of tenancy for fixed term.

46.(1) Where the tenant under a tenancy to which this Part applies, being a

tenancy granted for a term of years certain, gives to the immediate landlord,

not later than 3 months before the date on which apart from this Act the

tenancy would come to an end by effluxion of time, a notice in writing that

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the tenant does not desire the tenancy to be continued, section 43 shall not

have effect in relation to the tenancy.

(2) A tenancy granted for a term of years certain which is continuing by

virtue of section 43 may be brought to an end on any quarter day by not less

than 3 months’ notice in writing given by the tenant to the immediate

landlord, whether the notice is given before or after the date on which apart

from this Act the tenancy would have come to an end.

Renewal of tenancies by agreement.

47. Where the landlord and tenant agree for the grant to the tenant of a

future tenancy of the holding, or of the holding with other land, on terms and

from a date specified in the agreement, the current tenancy shall continue

until that date but no longer, and shall not be a tenancy to which this Part

applies.

Order by court for grant of a new tenancy.

48.(1) Subject to the provisions of this Act, on an application under section

43(1) for a new tenancy the court shall make an order for the grant of a

tenancy comprising such property, at such rent and on such other terms, as

are hereinafter provided.

(2) Where such an application is made in consequence of a notice given

by the landlord under section 44, it shall not be entertained unless the tenant

has duly notified the landlord that he will not be willing at the date of

termination to give up possession of the property comprised in the tenancy.

(3) No application under section 43(1) shall be entertained unless it is

made not less than 2 nor more than 4 months after the giving of the

landlord’s notice under section 44, or, as the case may be, after the making

of the tenant’s request for a new tenancy.

Opposition by landlord to grant of new tenancy.

49.(1) The grounds on which a landlord may oppose an application under

section 43(1) are such of the following grounds as may be stated in the

landlord’s notice under section 44, or, as the case may be, under section

45(7) that is to say–

(a) where under the current tenancy, the tenant has any obligations

as respects the repair and maintenance of the holding, that the

tenant ought not to be granted a new tenancy in view of the state

of repair of the holding, being a state resulting from the tenant’s

failure to comply with those obligations;

(b) that the tenant ought not to be granted a new tenancy in view of

his persistent delay in paying rent which has become due;

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other substantial breaches by him of his obligations under the

current tenancy, or for any other reason connected with the

tenant’s use or management of the holding;

(d) that on the termination of the current tenancy, the landlord

intends to develop the premises comprised in the holding or a

substantial part of those premises and, in order to do so–

(i) it is necessary to demolish or reconstruct or to carry out

substantial works on the premises; and

(ii) it is not reasonably possible to do so without the landlord

obtaining possession of the holding;

(e) that on the termination of the current tenancy, the landlord

intends to occupy the holding for the purposes of a business to

be carried on by him in it or as his residence.

(2) The landlord shall not be entitled to oppose an application on any

ground specified in paragraph (d) or paragraph (e) of subsection (1) unless

the interest of the landlord, or an interest that has merged in that interest and

but for the merger would be the interest of that landlord, was purchased or

created before the beginning of the period of 5 years that ends with the

termination of the current tenancy, and at all times since its purchase or

creation, the holding has been comprised in a tenancy or successive tenancies

of the description specified in section 37(1), and–

(a) where on the making of an application under section 43 the court

is precluded (whether by subsection (1) or subsection (2) of

section 50) from making an order for the grant of a new tenancy

by reason of any of the grounds specified in paragraph (d) of

subsection (1) of this section and not of any other grounds

specified in any other paragraph of that subsection, then subject

to the provisions of this Act the tenant shall be entitled, at his

election, either–

(i) in the case where the landlord intends to reconstruct the

premises comprising the holding (whether by demolishing

those premises and rebuilding or by substantial works of

reconstruction) as premises to be let partly or wholly for

the purpose of carrying on any business, to require the

landlord in lieu of paying compensation in accordance

with sub-paragraph (ii) of this paragraph to grant to the

tenant on the completion of such works of building or

construction a tenancy of such part of the premises so re-

built or reconstructed (hereinafter called “the new

premises”) as approximates in area and situation to that

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part of the premises comprised in the current tenancy,

and to do so on such terms and conditions as may be

agreed between the landlord and the tenant or are, in

default of such agreement, determined by the court; or

(ii) on quitting the holding, to recover from the landlord by

way of compensation the appropriate amount of

compensation specified in Schedule 5; and

(b) where on the making of an application under section 43 the court

is precluded (whether by subsection (1) or subsection (2) of

section 50) from making an order for the grant of a new tenancy

by reason of any of the grounds specified in paragraph (e) of

subsection (1) of this section and not of any other grounds

specified in any other paragraph of that subsection, then subject

to the provisions of this Act the tenant shall be entitled either–

(i) to have provided or secured to him by the landlord, in a

manner approved by the court, alternative

accommodation the terms of which are reasonable,

having regard to the terms of the current tenancy and to

all other relevant circumstances, and in respect of which

also the Rent Assessor has certified that the alternative

accommodation and the time at which it will be available

are suitable for the tenant’s requirements (including the

requirement to preserve goodwill) having regard to the

class and nature of the tenant’s business and to the size,

condition, facilities and location of both the holding and

the alternative accommodation; or

(ii) on quitting the holding, to recover from the landlord by

way of compensation the appropriate amount of

compensation specified in Schedule 5.

(3) Where the court is precluded from making an order for the grant of a

new tenancy under this Part in any of the circumstances mentioned in

subsection (2), the court shall–

(a) on the application of the tenant certify that fact; and

(b) in the case to which paragraph (a) of that subsection refers,

either–

(i) where the tenant so requires, order that the landlord shall

in accordance with that paragraph grant the tenant a

tenancy on the completion or reconstruction of the

premises; or

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(ii) where the tenant elects to accept compensation, certify

that the tenant has so elected and determine the amount

of the compensation payable under that paragraph.

(4) Nothing in subsection (2) shall prejudice the rights of the tenant

under section 71.

(5) (a) When the landlord has opposed an application on the

ground specified in paragraph (e) of subsection (1) and the court

has not made an order for the grant of a new tenancy, it shall not

be lawful for the landlord within a period of 5 years commencing

with the date of the termination of the tenancy to create any new

tenancy or letting in respect of the holding or any part thereof

unless he has first offered to the former tenant the option of a

new tenancy of the holding in accordance with the provisions of

sections 52, 53 and 54.

(b) The option shall be exercised within a period of 3 months from

the communication to the former tenant of such option.

Dismissal of application for new tenancy.

50.(1) If the landlord opposes an application under section 43(1) on grounds

on which he is entitled to oppose it in accordance with section 49 and

establishes any of those grounds to the satisfaction of the court, the court

shall not make an order for the grant of a new tenancy.

(2) Where in a case not falling within subsection (1) of this section the

landlord opposes an application under section 43(1) on any grounds specified

in paragraph (d) and (e) of section 49(1) but establishes none of those

grounds to the satisfaction of the court, then if the court would have been

satisfied of any of those grounds if the date of termination specified in the

landlord’s notice or, as the case may be, the date specified in the tenant’s

request for a new tenancy as the date from which the new tenancy is to

begin, had been such later date as the court may determine, being a date not

more than one year later than the date so specified,–

(a) the court shall make a declaration to that effect, stating on which

of the grounds the court would have been so satisfied, and

specifying the date so determined by the court, but shall not

make an order for the grant of a new tenancy;

(b) if, within 14 days after the making of the declaration, the tenant

so requires, the court shall make an order substituting the said

date for the date specified in the landlord’s notice or tenant’s

request, and thereupon that notice or request shall have effect

accordingly.

Property to be comprised in new tenancy.

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51.(1) Subject to subsection (2), an order under section 48 for the grant of a

new tenancy shall be an order for the grant of a new tenancy of the holding;

and in the absence of agreement between the landlord and the tenant as to

the property which constitutes the holding the court shall in the order

designate that property by reference to the circumstances existing at the date

of the order.

(2) The foregoing provisions of this section shall not apply in a case

where the property comprised in the current tenancy includes other property

besides the holding and the landlord requires any new tenancy ordered to be

granted under section 48 to be a tenancy of the whole of the property

comprised in the current tenancy; but in any such case–

(a) any order under section 48 for the grant of a new tenancy shall

be an order for the grant of a new tenancy of the whole of the

property comprised in the current tenancy; and

(b) references in the following provisions of this Part to the holding

shall be construed as references to the whole of that property.

(3) Where the current tenancy includes rights enjoyed by the tenant in

connection with the holding, those rights shall be included in a tenancy

ordered to be granted under section 48.

Duration of new tenancy.

52. Where on an application under this Part the court makes an order for the

grant of a new tenancy, the new tenancy shall be such tenancy as may be

agreed between the landlord and the tenant, or, in default of such an

agreement shall be such a tenancy as may be determined by the court to be

reasonable in all the circumstances, being, if it is a tenancy for a term of years

certain, a tenancy for a term of not less than 5 years and not more than 14

years, and shall begin on the coming to an end of the current tenancy.

Rent under new tenancy.

53.(1) The rent payable under a tenancy granted by order of the court under

this Part shall be such as may be agreed between the landlord and the tenant

or as, in default of such agreement, may be determined by the court to be

that at which, having regard to the terms of the tenancy (other than those

relating to rent), the holding might reasonably be expected to be let in the

open market by a willing lessor, there being disregarded–

(a) any effect on rent of the fact that the tenant has or his

predecessors in title have been in occupation of the holding;

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(b) any goodwill attached to the holding by reason of the carrying on

thereat of the business of the tenant (whether by him or by a

predecessor of his in that business);

or a predecessor in title of his otherwise than in pursuance of an

obligation to his immediate landlord;

(d) in the case of a holding comprising licensed premises, any

addition to its value attributable to the licence, if it appears to the

court that having regard to the terms of the current tenancy, and

any other relevant circumstances, the benefit of the licence

belongs to the tenant.

(2) In determining the rent payable, the court may determine as a term of

the tenancy that the rent may from time to time during the tenancy be

reviewed.

Other terms of new tenancy.

54.(1) The terms of a tenancy granted by order of the court under this Part

(other than terms as to its duration and as to the rent payable) shall be such

as may be agreed between the landlord and the tenant, or as, in default of

such agreement, may be determined by the court; and in determining those

terms the court shall have regard to the terms of the current tenancy and to

all relevant circumstances.

Carrying out of order for new tenancy.

55.(1) Where under this Part the court makes an order for the grant of a

new tenancy, then, unless the order is revoked under subsection (2) or the

landlord and the tenant agree not to act upon the order, the landlord shall be

bound to execute or make in favour of the tenant, and the tenant shall be

bound to accept, a lease or agreement for a tenancy of the holding

embodying the terms agreed between the landlord and the tenant or

determined by the court in accordance with the foregoing provisions of this

Part; and where the landlord executes or makes such a lease or agreement

the tenant shall be bound, if so required by the landlord, to execute a

counterpart or duplicate thereof.

(2) If the tenant, within 14 days after the making of an order under this

Part for the grant of a new tenancy, applies to the court for the revocation of

the order the court shall revoke the order; and where the order is so revoked,

then, if it is so agreed between the landlord and the tenant or determined by

the court, the current tenancy shall continue, beyond the date at which it

would have come to an end apart from this subsection, for such period as

may be so agreed or determined to be necessary to afford to the landlord a

reasonable opportunity for reletting or otherwise disposing of the premises

which would have been comprised in the new tenancy; and while the current

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tenancy continues by virtue of this subsection it shall not be a tenancy to

which this Part applies.

(3) Where an order is revoked under subsection (2) any provision thereof

as to payment of costs shall not cease to have effect by reason only of the

revocation; but the court may, if it thinks fit, revoke or vary any such

provision or, where no costs have been awarded in the proceedings for the

revoked order, award such costs.

(4) A lease executed or agreement made under this section, in a case

where the interest of the lessor is subject to a mortgage, shall be deemed to

be one authorized by section 18 of the Conveyancing and Law of Property

Act 1881 (which confers certain powers of leasing on mortgagors in

possession), and subsection (13) of that section (which allows those powers

to be restricted or excluded by agreement) shall not have effect in relation to

such a lease or agreement.

Compensation where order for new tenancy precluded on certain

grounds.

56.(1) Where on the making of an application under section 43 the court is

precluded (whether by subsection (1) or subsection (2) of section 50) from

making an order for the grant of a new tenancy by reason of any of the

grounds specified in paragraph (d) or paragraph (e) of section 49(1) and not

of any grounds specified in any other paragraph of that subsection, then,

subject to the provisions of this Act, the tenant shall be entitled on quitting

the holding to recover from the landlord by way of compensation (in addition

to any amount payable under section 49(2)) an amount determined in

accordance with the following provisions of this section.

(2) The amount shall comprise–

(a) the reasonable removal expenses of the tenant from the holding

to any alternative accommodation; and

(b) the reasonable expenses of the tenant incurred in refurbishing

that alternative accommodation to a standard comparable to that

of any refurbishment carried out by the tenant to the holding

during the current tenancy.

Extension of time.

57.(1) Where under section 44 a landlord is required to give notice, and he

does not receive within the specified time a notice from the tenant stating

whether or not he is willing to give up possession of the property comprised

in the tenancy, the landlord shall at least 14 days before the date of

termination give a further copy of the notice to the tenant.

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(2) The court may, in its discretion, grant to a landlord or tenant an

extension of time for giving any notice or making any application or request

under this Part.

Restriction on agreements excluding provisions of Part IV.

58.(1) Any agreement relating to a tenancy to which this Part applies

(whether contained in the instrument creating the tenancy or not) shall be

void in so far as it purports to preclude the tenant from making an

application or request under this Part or provides for the termination or the

surrender of the tenancy in the event of his making such an application or

request or for the imposition of any penalty or disability on the tenant in that

event.

(2) Where–

(a) during the whole of the 5 years immediately preceding the date

on which the tenant under a tenancy to which this Part applies is

to quit the holding, premises being or comprised in the holding

have been occupied for the purposes of a business carried on by

the occupier or for those and other purposes; and

(b) if, during those 5 years there was a change in the occupier of the

premises, the person who was the occupier immediately after the

change was the successor to the business carried on by the

person who was the occupier immediately before the change–

any agreement (whether contained in the instrument creating the tenancy or

not and whether made before or after the termination of that tenancy) which

purports to exclude or reduce compensation under section 49(2) or section

56 shall to that extent be void, so however that this subsection shall not

affect any agreement as to the amount of any such compensation which is

made after the right to compensation has accrued.

(3) In a case not falling within subsection (2) of this section, the right to

compensation conferred by section 49(2) or section 56 may be excluded or

modified by agreement.

Compulsory acquisitions.

59.(1) The amount of any compensation payable under the provisions of the

Land (Acquisition) Act, in respect of any land in the possession of any

person having no greater interest therein than as tenant for a year or from

year to year shall, in the case of a tenancy to which this Part applies, be

assessed without regard to the right of tenants to apply under this Part for

the grant of new tenancies.

(2) If the amount of the compensation which would have been payable

under section 49(2) and section 56 (if the tenancy had come to an end in

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circumstances giving rise to compensation under those sections and the date

at which the acquiring authority obtained possession had been the

termination of the current tenancy), exceeds the amount of the compensation

assessed in accordance with subsection (1) of this section, that compensation

shall be increased by the amount of the excess.

(3) Nothing in section 43 shall affect the operation of the provisions of

the Land (Acquisition) Act.

Duty of tenants and landlords of business premises to give information

to each other.

60.(1) Where any person having an interest in any business premises, being

an interest in reversion expectant (whether and immediately or not) on a

tenancy of those premises serves on the tenant a notice in the prescribed

form requiring him to do so, it shall be the duty of the tenant to notify that

person in writing within one month of the service of the notice–

(a) whether he occupies the premises or any part thereof wholly or

partly for the purposes of a business carried on by him; and

(b) whether his tenancy has effect subject to any sub-tenancy on

which his tenancy is immediately expectant, and if so, what

premises are comprised in the sub-tenancy, for what term it has

effect (or, if it is terminable by notice, by what notice it can be

terminated), what is the rent payable thereunder, who is the sub-

tenant, and (to the best of his knowledge and belief) whether the

sub-tenant is in occupation of the premises or of part of the

premises comprised in the sub-tenancy and, if not, what is the

sub-tenant’s address.

(2) Where the tenant of any business premises, being a tenant under such

a tenancy as is mentioned in section 45(1) serves on any of the persons

mentioned in subsection (3) of this section a notice in the prescribed form

requiring him to do so, it shall be the duty of that person to notify the tenant

in writing within one month after the service of the notice–

(a) whether he is the owner of the fee simple in respect of those

premises or any part thereof or the mortgagee in possession of

such an owner; and, if not

(b) to the best of his knowledge and belief the name and address of

the person who is his or, as the case may be, his mortgagor’s

immediate landlord in respect of those premises or of the part in

respect of which he or his mortgagor is not the owner in fee

simple, for what term his or his mortgagor’s tenancy thereof has

effect and the earliest date (if any) at which that tenancy is

terminable by notice to quit given by the landlord.

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(3) The persons referred to in subsection (2) of this section are, in

relation to the tenant of any business premises,–

(a) any person having an interest in the premises, being an interest in

reversion expectant (whether immediately or not) on the

tenant’s; and

(b) any person being a mortgagee in possession in respect of such an

interest in reversion as is mentioned in paragraph (a) of this

subsection–

and the information which any such person as is mentioned in paragraph (a)

of this subsection is required to give under subsection (2) shall include

information whether there is a mortgagee in possession of his interest in the

premises and, if so, the name and address of the mortgagee.

(4) The preceding provisions of this section shall not apply to a notice

served by or on the tenant more than 2 years before the date on which apart

from this Act his tenancy would come to an end by effluxion of time or could

be brought to an end by notice to quit given by the landlord.

(5) In this section–

“business premises” means premises used wholly or partly for the

purposes of any business;

“mortgagee in possession” includes a receiver appointed by the mortgagee

or by the court who is in receipt of the rents and profits, and “his

mortgagor” shall be construed accordingly;

“sub-tenant” includes a person retaining possession of any premises by

virtue of the provisions of Part III after the coming to an end of a

sub-tenancy, and “sub-tenancy” includes a right so to retain

possession.

Trusts.

61.(1) Where a tenancy is held on trust, occupation by all or any of the

beneficiaries under the trust, and the carrying on of a business by all or any

of the beneficiaries, shall be treated for the purposes of section 38 as

equivalent to occupation or the carrying on of a business by the tenant; and

in relation to a tenancy to which this Part applies by virtue of the foregoing

provisions of this subsection–

(a) references (however expressed) in this Part to the business of, or

to carrying on of business, use, occupation or enjoyment by, the

tenant shall be construed as including references to the business

of, or to carrying on of business, use, occupation or enjoyment

by, the beneficiaries or beneficiary;

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(b) the reference in paragraph (d) of section 53(1) to the tenant shall

be construed as including the beneficiaries or beneficiary; and

change in the person of the tenant.

(2) Where the landlord’s interest is held on trust, the references in

paragraph (e) of section 49(1) to the landlord shall be construed as including

references to the beneficiaries under the trust or any of them; but, except in

the case of a trust arising under a will or on the intestacy of any person, the

reference in subsection (2) of that section to the creation of the interest

therein mentioned shall be construed as including the creation of the trust.

Groups of companies.

62.(1) For the purposes of this section, two bodies corporate shall be taken

to be members of a group if and only if one is a subsidiary (as defined in

section 119 of the Companies Act) of the other or both are subsidiaries (as

so defined).

(2) Where a tenancy is held by a member of a group, occupation by

another member of the group, and the carrying on of a business by another

member of the group, shall be treated for the purposes of section 38, as

equivalent to occupation or the carrying on of a business by the member of

the group holding the tenancy; and in relation to a tenancy to which this Part

applies by virtue of the preceding provisions of this subsection–

(a) references (however expressed) in this Part to the business of or

to use, occupation or enjoyment by the tenant shall be construed

as including references to the business of or to use, occupation

or enjoyment by the said other member;

(b) the reference in paragraph (d) of section 53(1) to the tenant shall

be construed as including the said other member; and

another shall not be treated as a change in the person of the

tenant.

(3) Where the landlord’s interest is held by a member of a group the

reference in paragraph (e) of subsection (1) of section 49 to intended

occupation by the landlord for the purpose of a business to be carried on by

him shall be construed as including intended occupation by any member of

the group for the purposes of a business to be carried on by that member.

Tenancies excluded from Part IV.

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63.(1) This Part shall not apply to a tenancy where the property comprised

therein is let under a letting to which the restrictions on the obtaining of

possession by the landlord imposed by section 18 apply in relation to the

tenant.

(2) This Part shall not apply to a tenancy granted by reason that the

tenant was the holder of an office, appointment or employment from the

grantor of the tenancy and continuing only so long as the tenant holds the

office, appointment or employment, or terminable by the grantor on the

tenant ceasing to hold it, or coming to an end at a time fixed by reference to

the time at which the tenant ceases to hold it.

(3) Subsection (2) shall not have effect in relation to a tenancy granted

after the commencement of this Act unless the tenancy was granted by an

instrument in writing which expressed the purpose for which the tenancy was

granted.

(4) This Part does not apply to a tenancy granted for a term not

exceeding 3 months unless–

(a) the tenancy contains provision for renewing the term or for

extending it beyond 3 months from its beginning; or

(b) the tenant has been in occupation for a period which, together

with any period during which any predecessor in the carrying on

of the business carried on by the tenant was in occupation,

exceeds 6 months.

Modification of rights on grounds of public interest.

64.(1) Where the interest of the landlord or of any superior landlord in any

property comprised in any tenancy belongs to or is held for the purposes if a

Government department, the competent authority may certify that it is

requisite for the purposes of the department that the use or occupation of the

property shall be changed by a specified date.

(2) A certificate under subsection (1) shall not be given unless the owner

of the interest belonging or held as mentioned in that subsection has given to

the tenant a notice stating–

(a) that the question of the giving of such a certificate is under

consideration by the competent authority specified in the notice;

and

(b) that if within 21 days of the giving of the notice the tenant makes

to the competent authority representations in writing with

respect to that question, they will be considered before the

question is determined–

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and if the tenant makes any such representations within the said 21 days, the

competent authority shall consider them before determining whether to give

the certificate.

(3) Where a certificate has been given under subsection (1) in relation to

any tenancy, then,–

(a) if a notice given under section 44(1) specifies as the date of

termination a date not earlier than the date specified in the

certificate and contains a copy of the certificate, subsections (5)

and (6) of that section shall not apply to the notice and no

application for a new tenancy shall be made by the tenant under

section 43;

(b) if such a notice specifies an earlier date as the date of termination

and contains a copy of the certificate, then if the court makes an

order under this Part for the grant of a new tenancy the new

tenancy shall be for a term expiring not later than the date

specified in the certificate and shall not be a tenancy to which this

Part applies.

(4) Where a tenant makes a request for a new tenancy under section 45,

and the interest of the landlord or any superior landlord in the property

comprised in the current tenancy belongs or is held as mentioned in

subsection (1), the following provisions shall have effect:

(a) if a certificate has been given under subsection (1) in relation to

the current tenancy, and within 2 months after the making of the

request the landlord gives notice to the tenant that the certificate

has been given and the notice contains a copy of the certificate,

then,–

(i) if the date specified in the certificate is not later than that

specified in the tenant’s request for a new tenancy, the

tenant shall not make application under section 43 for the

grant of a new tenancy;

(ii) if, in any other case, the court makes an order under this

Part for the grant of a new tenancy, the new tenancy shall

be for a term expiring not later than the date specified in

the certificate and shall not be a tenancy to which this

Part applies;

(b) if no such certificate has been given but notice under subsection

(2) of this section has been given before the making of the

request or within 2 months thereafter, the request shall not have

effect, without prejudice however to the making of a new request

when the competent authority has determined whether to give a

certificate.

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(5) Where an application is made to the court under this Part for the

grant of a new tenancy and the landlord’s interest in the property comprised

in the tenancy belongs or is held as mentioned in subsection (1), the

competent authority may certify that it is necessary in the public interest that

if the landlord makes an application in that behalf the court shall determine as

a term of the new tenancy that it shall be terminable by 6 months’ notice to

quit given by the landlord.

(6) Subsection (2) shall apply in relation to a certificate under this

subsection, and if notice under subsection (2) has been given to the tenant–

(a) the court shall not determine the application for the grant of a

new tenancy until the competent authority has determined

whether to give a certificate;

(b) if a certificate is given, the court shall on the landlord’s

application determine as a term of the new tenancy that it shall be

so terminable, and section 44 shall apply accordingly.

(7) In this section and the next following section, “competent authority”

means the Deputy Governor.

Termination on Special grounds.

65.(1) Where the landlord’s interest in the property comprised in any

tenancy belongs to or is held for the purposes of a department of the

Government of Gibraltar or of the United Kingdom Government, and the

Deputy Governor certifies that for reasons of national security it is necessary

that the use or occupation of the property should be discontinued or

changed, then–

(a) if the landlord gives a notice under section 44(1) containing a

copy of the certificate, subsections (5) and (6) of that section

shall not apply to the notice and no application for a new tenancy

shall be made by the tenant under section 43;

(b) if (whether before or after the giving of the certificate) the tenant

makes a request for a new tenancy under section 45, and within 2

months after the making of the request the landlord gives notice

to the tenant that the certificate has been given and the notice

contains a copy of the certificate–

(i) the tenant shall not make an application under section 43

for the grant of a new tenancy; and

(ii) if the notice specifies as the date on which the tenancy is

to terminate a date earlier than that specified in the

tenant’s request as the date on which the new tenancy is

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to begin but neither earlier than 6 months from the giving

of the notice nor earlier than the earliest date at which

apart from this Act the tenancy would come to an end or

could be brought to an end, the tenancy shall terminate

on the date specified in the notice instead of that specified

in the request.

(2) Where the landlord’s interest in the property comprised in any

tenancy belongs to or is held for the purposes of any such department,

nothing in this Act shall invalidate an agreement to the effect–

(a) that on the giving of such a certificate as is mentioned in

subsection (1) the tenancy may be terminated by notice to quit

given by the landlord of such length as may be specified in the

agreement, if the notice contains a copy of the certificate; and

(b) that after the giving of such a notice containing such a copy the

tenancy shall not be one to which this Part applies.

Termination where redevelopment required in the public interest.

66.(1) Where the interest of the landlord or of any superior landlord in any

property comprised in any tenancy to which this Part applies belongs to or is

held for the purposes of a department of the Government of Gibraltar and

the Governor certifies that it is in the public interest for the economic

development of Gibraltar that the property should be redeveloped and that

the tenancy should be terminated at an earlier date than would otherwise be

lawful under the provisions of this Part, then, subject to this section, this Part

and Schedule 3 shall cease to apply to that tenancy as from the date on which

the giving of such certificate is signified by notice in the Gazette, and–

(a) the tenancy may be terminated by such notice to quit whereby

apart from the provisions of this Part it could be terminated; and

(b) on termination of the tenancy, any sub-tenancy then subsisting of

any property comprised in the tenancy shall also determine; and

made request for a new tenancy in pursuance of the provisions of

this Part, such request shall forthwith lapse.

(2) On quitting the holding, any tenant or sub-tenant whose tenancy is

determined under the provisions of this section, being a tenant or sub-tenant

occupying under a tenancy to which this Part applies, shall be entitled to

recover from the owner of the interest by virtue of which the certificate was

given an amount by way of compensation determined in accordance with

section 49(2) and section 56, those sections being construed however as if

for the references to notices under sections 44 and 45 there were substituted

references to the notice in the Gazette under this section.

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(3) A certificate under subsection (1) shall not be given unless the owner

of the interest belonging or held as mentioned in subsection (2) has given to

the tenant a notice stating–

(a) that the question of giving such a certificate is under

consideration by the Governor; and

(b) the nature of the redevelopment which is proposed; and

to the Governor representations in writing with respect to that

question, they will be considered before the question is

determined,

and if the tenant makes any such representations within the said 14 days, the

Governor shall consider them before determining whether to give the

certificate.

(4) Subsections (2), and (3) of section 58 shall apply to compensation

under this section as they apply to compensation under section 49(2) and

section 56.

Compensation for exercise of powers under sections 65 and 66.

67.(1) Where by virtue of any certificate given for the purposes of either of

sections 65 and 66, the tenant is precluded from obtaining an order for the

grant of a new tenancy, or of a new tenancy for a term expiring later than a

specified date, the tenant shall be entitled on quitting the premises to recover

from the owner of the interest by virtue of which the certificate was given an

amount by way of compensation, and section 49(2) and section 56 shall, with

the necessary modifications, apply for the purposes of ascertaining the

amount.

(2) Subsections (2) and (3) of section 58 shall apply to compensation

under this section as they apply to compensation under section 49(2) and

section 56.

Special provisions relating to the Ministry of Defence.

68.(1) Where the property comprised in the tenancy consists of premises

belonging to or held for the defence purposes of the United Kingdom

Government and the Deputy Governor certifies that it is desirable for the

effective carrying out of any agreement for the time being in force between

the Government of Gibraltar and the United Kingdom Government relating

to the disposal of Crown land or other land held for defence purposes in

Gibraltar that the occupation of the premises should be discontinued or

changed, paragraphs (a) and (b) of section 66(1) shall apply as they apply

where such a certificate is given as is mentioned in that subsection.

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(2) Where by virtue of any certificate given under section (1), the tenant

is prevented from obtaining an order for the grant of a new tenancy or of a

tenancy for a term expiring later than a specified date, the tenant shall be

entitled on quitting the premises to be paid out of the Consolidated Fund an

amount by way of compensation and section 49(2) and section 56 shall, with

the necessary modifications, apply for the purpose of ascertaining the

amount.

Assignments.

69. (1) Subject to the provisions of this section, but notwithstanding any

agreement to the contrary, it shall be a condition of every tenancy to which

this Part applies that–

(a) the tenant may not assign his interest under the tenancy without

the prior written consent of the landlord; and

(b) the consent of the landlord to the assignment shall not be

unreasonably withheld.

(2) The landlord may as a condition of consenting to an assignment

specified in subsection (1), charge a premium not exceeding the equivalent of

2 years’ rent at the annual rental payable immediately before the date of the

assignment.

(2A) A person aggrieved by the amount of the premium charged by the

landlord for a consent to an assignment may appeal to the Supreme Court for

a determination of that amount as the Supreme Court may, in all the

circumstances of the case, think just.

(3) The landlord may withhold his consent to the assignment of the

tenant’s interest where the assignee intends to change the user of the holding

from that carried on by the assignor of the holding.

(4) It shall not be lawful for an assignee referred to in subsection (3) to

materially change the kind of business carried on by him in the holding

without the prior written consent of the landlord.

PART V.

GENERAL PROVISIONS.

Restriction on right to possession in certain cases.

70.(1) Where proceedings are taken against a tenant of any premises to

which this Act applies for the recovery of possession of the dwellinghouse 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

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1983-49

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 Act, 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

Governor may establish reference committees to whom such questions may

be referred by the court for consideration and report.

Compensation for possession obtained by misrepresentation.

71.(1) Where under section 18 an order is made for the recovery. of

property comprised in a tenancy or under Part IV 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

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1983-49

order for possession was made or to whom the grant of a new tenancy was

refused.

Power to issue notices, and summonses.

72.(1) For the purpose of determining any application made to it under the

provisions of this Act, the Rent 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 dwellinghouse or (in the case of an appeal

from the decision of the Housing Manager), the personal

circumstances of the applicant and his family; and

(b) refer any question relating to the measurement of the

dwellinghouse or part thereof, the subject of the application, to a

qualified surveyor or engineer; and

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 Rent 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.

73.(1) Where a court of competent jurisdiction or the Rent 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 Rent Tribunal may amend the notice by

correcting the error or supplying the omission on such terms and

conditions, in relation to arrears of rent or otherwise, as it

considers just and reasonable; and

(b) if the court or Rent 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 Rent Tribunal amends the notice.

Appeals against decision of Rent Tribunal and Rent Assessor.

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74.(1) Any person who is aggrieved by any decision of the Rent Tribunal or

of the Rent Assessor under this Act may, within 21 days after being notified

in writing of the decision, appeal against it to the Supreme Court.

(2) On hearing the appeal, the court may confirm, reverse or vary the

decision.

Notices to quit.

75. 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.

Retrospective and interim awards.

76. Where the landlord and the tenant of any premises to which Part IV

applies are unable to agree on the terms and conditions of a new tenancy

within 3 months after the date of termination of the current tenancy, the

Supreme Court may–

(a) on an interlocutory application to it by either party, make any

interim order as to the payment of rent; and

(b) in granting a new tenancy, order that the rent payable under it

shall be payable and recoverable from such date prior to the

order, but not preceding the date of termination of the former

lease, as the court may specify.

Interim continuation of tenancies pending determination by court or

tribunal.

77.(1) Notwithstanding any other provisions of this Act, in any case where–

(a) a notice to terminate a tenancy has been given under Part III or

Part IV or a request for a new tenancy has been made under Part

IV; and

(b) an application to a court has been made under Part III or Part

IV, as the case may be; and

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 paragraph (c) of subsection (1) 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.

78.(1) Where by virtue of any provision of this Act 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 Act 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 Act 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 Act 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 Act 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.

79. Anything authorized or required by the provisions of this Act, other than

subsection (2) or (3) of section 60, 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.

Tenant to supply rates demand note to landlord if so requested.

79A. 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

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1983-49

such request or other greater period specified by the landlord a copy of the

demand note addressed to the tenant by the Financial Secretary pursuant to

section 276 of the Public Health Act 1 and of the receipt or some other

sufficient evidence of payment of the amount due and payable by the tenant.

Rules of court.

80.(1) The Chief Justice may make such rules of court and give such

directions as he thinks fit for regulating the proceedings of any court under

the provisions of this Act 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.

(2) The Chief Justice may make such rules of court and give such

directions as he thinks fit for regulating the proceedings of the Rent Tribunal

under the provisions of this Act, and the procedure for the reference to the

court by the Rent Tribunal of matters for determination.

Reserve fund.

80A.(1) A reserve fund shall be maintained in respect of each building

containing either wholly or in part domestic premises to which Part III of this

Act applies.

(2) There shall be paid into the reserve fund one third of all the rents

received from the letting of all premises in the building to which subsection

(1) applies, during the first 2 years after the date on which each of such

premises is first let, and thereafter 15 per cent of all such rents received.

(3) No money shall be withdrawn from the reserve fund except–

(a) money that is to be expended and is expended for repairs to the

building to which the fund relates; or

(b) money that the Court authorises or directs to be withdrawn from

the Reserve Fund for the purpose of effecting repairs to the

building to which the fund relates.

(4) Subject to subsection (5), any person who–

(a) fails to comply with subsection (1) or subsection (2); or

(b) fails to comply with subsection (3) or with any direction under

that subsection–

1 1950-07

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

fine of £1,000.

(5) Nothing in this section shall prohibit a person from withdrawing or

applying for his own use any interest that accrues on the principal money

comprising a reserve fund.

Regulations.

81. The Governor may from time to time make regulations for all or any of

the following purposes:

(a) for prescribing the fees to be charged in respect of any

proceedings before the Rent Tribunal;

(b) for regulating the manner in which reserve funds under Section

80A shall be maintained, the manner in which accounts of such

funds shall be kept, and the inspection and audit of such

accounts;

(d) for the keeping of the register under section 39;

(e) for such other matters as may be prescribed under this Act;

(f) for such other matters as may be necessary for or incidental to

the due administration of this Act;

(g) to repeal, replace, amend or vary the Schedules to this Act.

82. Omitted.

Repeal.

83. The Landlord and Tenant (Miscellaneous Provisions) Act (hereinafter

called the former Act) is repealed–

Section 83(a) repeals section 3.

Section 83(b) repeals Part II.

Section 83(c) replaces section 64.

Section 83(d) replaces section 65.

Section 83(e) replaces section 66.

Section 83(f) replaces section 67.

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Section 83(g) repeals section 68.

Section 83(h) repeals section 69.

Section 83(i) repeals Schedule 1.

Section 83(j) repeals Schedule 2.

Section 83(k) repeals Schedule 3.

Section 83(l) repeals Schedule 4.

Section 83(m) repeals Schedule 6.

Savings.

84. Notwithstanding the repeal of the former Act by section 83 of this Act,

but subject to Schedule 4 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 Part III or part IV of

this Act 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 in accordance with this

Act.

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SCHEDULE 1

Section 11

STATUTORY RENT FOR DWELLINGHOUSES.

In this Schedule–

“rates” means the rates payable in respect of a dwellinghouse or where a

dwellinghouse is assessed as a whole and part only of the

dwellinghouse 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.

PART I.

1. The statutory rent of a dwellinghouse or part of a dwellinghouse shall be

as follows:

(a) where the dwellinghouse or part

of a dwellinghouse is a self-

contained unit, with a bathroom.

£60 per square per annum

exclusive of rates.

(b) where the dwellinghouse or part

of a dwellinghouse is a self-

contained unit, without a

bathroom.

£45 per square per annum

exclusive of rates.

of a dwellinghouse is a communal

services tenement.

£40 per square per annum

inclusive of rates.

2. In the case of a dwellinghouse or part of a dwellinghouse referred to in

paragraph 1(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 1(b) or 1(c).

3. In the case of a dwellinghouse 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 7, 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.

PART II.

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1. 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 the Act, as imposing upon the tenant the obligation to pay

rates.

2. 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 the Act, as imposing upon the landlord the obligation to pay

rates.

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SCHEDULE 2

Section 18

POSSESSION OR EJECTMENT WITHOUT PROOF OF

ALTERNATIVE ACCOMMODATION. ‘

The court shall, for the purposes of section 18, have power to make or give

an order or judgment for the recovery of possession of any dwellinghouse to

which Part III 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 III ), so far as the obligation is consistent

with the provisions of Part III, 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 dwellinghouse 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:

notice, the landlord has contracted to sell or let the

dwellinghouse 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 without the consent of the landlord has at any time

after the coming into operation of this Act, assigned or sub-let

the whole of the dwellinghouse or sub-let part of the

dwellinghouse;

(e) the dwellinghouse 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 case, including the question whether other accommodation is

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1983-49

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 dwellinghouse 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 dwellinghouse was let

to him in consequence of that employment and he has ceased to

be in that employment;

(g) the dwellinghouse is reasonably required by the landlord (being a

landlord who has become landlord by purchasing the

dwellinghouse 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–

(i) himself; or

(ii) any son or daughter of himself or of his wife who is over

the age of 18 years of age; or

(iii) 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 3

Section 37

PROVISIONS FOR THE PURPOSE OF PART IV WHERE THE

IMMEDIATE LANDLORD IS NOT THE OWNER OF THE FEE

SIMPLE.

DEFINITIONS.

1. In this Schedule the following expressions have the meanings hereby

assigned to them in relation to a tenancy (in this Schedule referred to as “the

relevant tenancy”), that is to say–

“the competent landlord” means the person who in relation to the tenancy

is for the time being the landlord (as defined by section 37) for the

purposes of Part IV;

“mesne landlord” means a tenant whose interest is intermediate between

the relevant tenancy and the interest of the competent landlord; and

“superior landlord” means a person (whether the owner of the fee simple

or a tenant) whose interest is superior to the interest of the

competent landlord.

POWER OF COURT TO ORDER REVERSIONARY TENANCIES.

2. Where the period for which in accordance with the provisions of Part IV

it is agreed or determined by the court that a new tenancy should be granted

thereunder will extend beyond the date on which the interest of the

immediate landlord will come to an end, the power of the court under Part

IV to order such a grant shall include power to order the grant of a new

tenancy until the expiration of that interest and also to order the grant of

such a reversionary tenancy or reversionary tenancies as may be required to

secure that the combined effects of those grants will be equivalent to the

grant of a tenancy for that period; and the provisions of Part IV shall, subject

to the necessary modifications, apply in relation to the grant of a tenancy

together with one or more reversionary tenancies as they apply in relation to

the grant of one new tenancy.

ACTS OF COMPETENT LANDLORD BINDING ON OTHER

LANDLORDS.

3. (1) Any notice given by the competent landlord under Part IV to terminate

the relevant tenancy, and any agreement made between that landlord and the

tenant, as to the granting, duration, or terms of a future tenancy, being an

agreement made for the purposes of Part IV, shall bind the interest of any

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1983-49

mesne landlord notwithstanding that he has not consented to the giving of

the notice or was not a party to the agreement.

(2) The competent landlord shall have power for the purposes of Part IV

to give effect to any agreement with the tenant for the grant of a new

tenancy beginning with the coming to an end of the relevant tenancy

notwithstanding that the competent landlord will not be the immediate

landlord at the commencement of the new tenancy, and any instrument made

in the exercise of the power conferred by this sub-paragraph shall have effect

as if the mesne landlord had been a party thereto.

(3) Nothing in the foregoing provisions of this paragraph shall prejudice

the provisions of paragraph 4.

PROVISIONS AS TO CONSENT OF MESNE LANDLORD TO ACTS

OF COMPETENT LANDLORD.

4. (1) If the competent landlord, not being the immediate landlord, gives

any such notice or makes any such agreement as is mentioned in

subparagraph (1) of paragraph 3 without the consent of every mesne

landlord, any mesne landlord whose consent has not been given thereto shall

be entitled to compensation from the competent landlord for any loss arising

in consequence of the giving of the notice or the making of the agreement.

(2) if the competent landlord applies to any mesne landlord for his

consent to such a notice or agreement, that consent shall not be unreasonably

withheld, but may be given subject to any conditions which may be

reasonable (including conditions as to the modification of the proposed

notice or agreement or as to the payment of compensation by the competent

landlord).

(3) Any question arising under this paragraph whether consent has been

unreasonably withheld or whether any conditions imposed on the giving of

consent are unreasonable shall be determined by the court.

CONSENT OF SUPERIOR LANDLORD REQUIRED FOR

AGREEMENTS AFFECTING HIS INTEREST.

5. An agreement between the competent landlord and the tenant made for

the purposes of Part IV in a case where–

(a) the competent landlord is himself a tenant; and

(b) the agreement would apart from this paragraph operate as

respects any period after the coming to an end of the interest of

the competent landlord,

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1983-49

shall not have effect unless every superior landlord who will be

the immediate landlord of the tenant during any part of that

period is a party to the agreement.

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SCHEDULE 4

Section 84

TRANSITIONAL PROVISIONS.

Domestic Premises.

1. Every person who was immediately before the commencement of this Act

the tenant of a dwellinghouse to which the former Act then applied shall on

the commencement of this Act, if the dwellinghouse is one to which Part III

of this Act applies, be for the purposes of Part III of this Act the first tenant

of the dwellinghouse.

2. Where, on the commencement of this Act, a dwellinghouse is one to

which Part III of this Act applies, the landlord shall notwithstanding section

80A(2) pay into the reserve fund, during the prescribed period, one third of

the recoverable rent received by him from the letting of the dwellinghouse,

during the first 2 years that it is let after the commencement of this Act, and

thereafter 15 per cent of the recoverable rent.

3. Where–

(a) any improvements or structural alterations have been carried out

to any dwellinghouse to which Part III applies at any time after

the lst day of January, 1945, but before the commencement of

this Act; and

(b) within l8 months after the commencement of this Act the

landlord of the dwellinghouse applies to the Rent Tribunal–

the Rent Tribunal may make any order in respect of the dwellinghouse that it

could have made under section 13 or section 22 on the application of the

landlord if the improvements or structural alterations had been carried out

after the commencement of this Act and where it makes such an order the

provisions of section 13 or section 22 (as the case requires) shall apply to the

dwellinghouse as they apply to applications made under that section.

4. Where a dwellinghouse to which Part III of this Act applies was let,

immediately before the commencement of this Act, pursuant to section 7A of

the former Act, and the statutory rent immediately before the commencement

of this Act was greater than it would be if calculated under section 11 of this

Act, that greater rent shall on the commencement of this Act be the statutory

rent in respect of the dwellinghouse.

Business Premises.

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1983-49

5. Where on or after the 7th day of July, 1981, but before the

commencement of this Act–

(a) a landlord has given a notice under section 38 of the former Act

to determine a tenancy; or

(b) a tenant has under section 39 of the former Act made a request

for a new tenancy–

and the other party in either case has not within the relevant time limits

specified in Part III of the former Act taken any of the steps that he may or

must take in consequence of such a notice or request, the time for taking

such a step shall, notwithstanding any other provision in the former Act or in

this Act, commence on the date of commencement of this Act.

General.

6. Where–

(a) any application has been made to or any proceeding has been

instituted before any court or the Rent Assessment 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

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 section 83 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 Governor 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 5, 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 5.

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SCHEDULE 5

Sections 44 and 49

RECOVERY OF BUSINESS PREMISES. PART I.

1. Subject to Part II of this Schedule, the period during which a notice must be given under section 44(2) shall be not more than 12 months

nor less than 6 months before the date of termination specified in the

notice.

PART II.

2. Where a landlord opposes an application for the grant of a new tenancy on

any ground specified in paragraph (d) or paragraph (e) section 49(1)–

(a) in the case where the landlord under section 44(2) has given

notice, notwithstanding any other provision in this Act, the

current tenancy shall not come to an end before the appropriate

period, specified in the second column of the Table to this

paragraph, immediately following the date of termination of the

tenancy; and

(b) the amount of the compensation referred to in section 49(2) shall

be calculated in accordance with the Table.

TABLE.

Period of Occupation of

the premises under the

current and any previous

tenancy agreement.

Extended term of

tenancy.

Compensation payable

under section 49(2).

1. Not more than 5 years 12 months 4 times the net annual

value of the holding

2. More than 5 years but

not more than 7 years

12 months 5 times the net annual

value of the holding

3. More than 7 years but

not more than 10 years

15 months 6 times the net annual

value of the holding

4. More than 10 years

but not more than 15

years

18 months 7 times the net annual

value of the holding

5. More than 15 years 24 months 9 times the net annual

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1983-49

but not more than 20

years

value of the holding

6. More than 20 years 36 months 12 times the net annual

value of the holding

3. Notwithstanding paragraph 2 of this Part of this Schedule where the

amount of 5/6 of the actual annual rental payable under the current tenancy is

greater than the amount prescribed in the column of the Table, that greater

amount shall be the amount of compensation payable.

4. In addition to the compensation payable under paragraphs 2 and 3 of this

Part of this Schedule, the court may, in any particular case where the tenant

has at his own expense during the current tenancy effected structural

alterations of a permanent nature to the holding, order that for the purpose

of section 49(2) additional compensation not exceeding 3 times the net

annual value of the holding or 5/6 of the actual annual rental payable under

the current tenancy (whichever is the greater) shall also be payable by the

landlord to the tenant.

5. In this Part of this Schedule, references to the net annual value and to the

actual rental value are references to such values at the date on which the

application for the grant of the new tenancy is determined.

SCHEDULE 6

Section 27(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.

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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 Repair to damaged slats, canvas and fittings.

Awnings Repair to fittings.

Glass Replacement of broken glass to doors and

windows.

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 responsible for any damage or defects

which are due to reasonable wear and tear or to defective workmanship or

materials.

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1983-49

SCHEDULE 7

Schedule 1 Part 1

Paragraph 3

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.

(6) One kitchen cupboard.

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(7) One washing machine.

(d) In any room let as a bedsitting 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.