Full legislation
s.4
Power to exclude application of this Part
(1)
The Chief Executive may, in his absolute discretion and without the necessity
of hearing any interested party, by order exclude from the further application of
this Part any class of premises.
(Replaced
40 of 1968 s. 3
. Amended
72 of 1973 s. 2
;
44 of 2000 s. 3
)
(2)
The Tribunal may, in accordance with this section, make an order excluding any
particular premises from the further application of this Part.
(Replaced
76 of 1981 s. 4
)
(3)
Every order made under subsection (1) shall be published in the Gazette
whereupon the tenant of any such premises shall be deemed to be holding at the
rent payable immediately before the publication of such order and shall be
entitled to such notice to quit as would have been required under the original
contract of tenancy, or, if such notice has already been given and has expired,
then to 1 month’s notice expiring at the end of the calendar month next after
the month in which such order was
published:
(Amended
76 of 1981 s. 4
)
Provided that in the event of any
notice having been given prior to such order being published nothing herein
contained shall entitle a landlord to recover possession prior to the expiration
of such notice.
(Added
40 of 1968 s. 3
)
(3A)
Upon the making of an order under subsection (2) the tenant of any such
premises shall be deemed to be holding at the rent payable immediately before
the making of the order and shall be entitled to such notice to quit as would
have been required under the original contract of tenancy or, if such notice has
already been given and has expired, then to 1 month’s notice expiring at the end
of the calendar month next after the month in which such order was
made:
Provided that in the event of any
notice having been given prior to such order being made nothing herein contained
shall entitle a landlord to recover possession prior to the expiration of such
notice.
(Added
29 of 1983 s. 3
)
(4)
Any landlord or tenant desiring to obtain an order of the Tribunal under
subsection (2) shall serve notice thereof on his immediate tenant or landlord as the
case may be in the prescribed form and shall also post such notice in a conspicuous
place at the entrance to the premises to which the application relates. Such service
and posting shall be verified by affidavit in the prescribed form which shall be
lodged in the registry of the Tribunal.
(Amended
30 of 1955 s. 5
;
56 of 1961 s. 2
;
40 of 1968 s. 3
;
76 of 1981 s. 4
)
(5)
Any party other than the person served under subsection (4) who opposes the
application shall within 14 days of such notice having been posted as aforesaid give
notice in writing to the registrar of the Tribunal in the prescribed form stating
his interest in the matter and whether he wishes to make written representations to
the Tribunal or whether he wishes to appear by himself or by his advocate on the
hearing of the application.
(Amended
76 of 1981 s. 4
)
(6)
(Repealed
76 of 1981 s. 4
)
(7)
(a)
After hearing the parties and considering such representations as it thinks
fit, the Tribunal may make an order in terms of subsection (2), either
absolutely or subject to such conditions as it thinks fit (including a condition
requiring payment of compensation by the landlord to any tenant).
(Replaced
76 of 1981 s. 4
)
(b)
For the purposes of any review under
section 11A
of the Lands
Tribunal Ordinance (
Cap. 17
), the time limit
mentioned in that section shall not apply to a decision, other than in relation
to the payment of compensation, under paragraph (a).
(Added
29 of 1983 s. 3
)
(8)
(a)
A landlord who has made an application under this section may enter into
an agreement with any tenant who in accordance with the provisions of
subsection (5) opposes the landlord’s application whereby the tenant agrees
to withdraw his opposition to such application subject to such terms as may
be agreed between the landlord and the
tenant:
(Amended
53 of 1993 s. 3
)
Provided
that—
(i)
no such agreement shall contain any term whereby the tenant
agrees to quit his premises before an order excluding the said
premises from the further application of this Part has been
made;
(ii)
if no order excluding the said premises from the further
application of this Part is made, the agreement shall be null and
void;
(iii)
if an order excluding the said premises from the further
application of this Part is made, the agreement shall be enforceable
only in so far as it is consistent with such order.
(b)
In the event of the Tribunal ordering that the premises to which the
application relates shall be excluded from the further application of this Part,
the Tribunal shall make such order subject to the terms agreed between the
parties together with such other conditions, if any, as it may think fit to
impose in accordance with subsection (7).
(Added
30 of 1955 s. 5
. Amended
40 of 1968 s. 3
;
76 of 1981 s. 4
)
(9)-(13)
(Repealed
76 of 1981 s. 4
)
(14)
Where any class of premises has been excluded from the further application of
this Part by an order made under subsection (1), the Tribunal shall have
jurisdiction to determine whether any particular premises fall within such
class.
(Amended
76 of 1981 s. 4
;
29 of 1983 s. 3
)