Full legislation
s.21
Termination of principal tenancy
(1)
The immediate landlord of a principal tenant may by service of notice to quit
in Form 2 in the
Second Schedule
and in manner specified in
section
44
terminate the tenancy of such tenant in accordance with the provisions
of, and to the extent provided in, this section.
(2)
The length of notice given by the notice to quit aforesaid shall be either that
required by the contract between the landlord and the principal tenant or in default
of any term in the contract specifying the length of notice, one calendar month from
the date of service thereof.
(3)
Upon the expiration of such notice to
quit—
(a)
each sub-tenant shall be deemed to be the tenant of the immediate landlord
and to hold the premises upon the same terms and conditions as he held them from
the principal tenant;
(b)
each sub-tenant affected thereby shall be liable to pay to the immediate
landlord on demand the permitted rent of the premises let to him under contract
with the principal tenant;
(c)
the immediate landlord shall undertake towards each sub-tenant all those
obligations undertaken by the principal tenant previous to service of notice
under subsection (1).
(4)
At any time within 14 days after the service of the notice to quit, the
principal tenant may elect by notice in writing to the landlord to deliver up the
whole of the premises subject to the tenancy or to retain any portion thereof
retained, immediately before the service of the notice to quit, for his own
occupation.
(5)
Where the principal tenant retains for his own occupation any part of the
premises the subject of his tenancy from the immediate landlord, he shall be
deemed to be the tenant of the immediate landlord in respect of the retained
part and to hold the same upon a monthly tenancy. The rent of the retained part
shall, subject to this Part, be such proportion of the rent of the whole of the
premises immediately before the expiration of the notice to quit as is fairly
attributable to the retained
part:
(Amended
53 of 1993 s. 14
)
Provided that in the event of any
dispute between the immediate landlord and the principal tenant as to the amount
of the rent payable by such principal tenant, such dispute may be referred to
and decided by the Commissioner.
(Amended
76 of 1981 s. 12
)
(6)
Notwithstanding anything in this Part, and in particular, the
definition of
tenant
in
section 2
, a lessee of the Government who recovers by virtue of this
section any premises to which this section relates shall be deemed to be an
immediate landlord of his principal tenant for all the purposes of this section and
shall have all the rights and obligations conferred and imposed by this section on
an immediate landlord.
(Amended
29 of 1998 s. 105
;
E.R. 4 of
2020
)