Landlord and Tenant (Consolidation) Ordinance

(1)
Where—
(a)
by virtue of
section 50A(2)
, a dwelling is deemed to be subject to a separate tenancy; and
(b)
that separate tenancy continues in existence by virtue of
section 52
,
the rent and other terms of the tenancy of that dwelling during that continuation shall be consistent with this Part
and—
(i)
shall be as agreed by the parties; or
(ii)
failing
agreement—
(A)
the rent shall be as determined by the Commissioner in accordance with subsection (2); and
(B)
the other terms shall be as determined by the Tribunal in accordance with subsection (3).
(2)
(a)
The rent of a tenancy for the purposes of subsection
(1
)(
ii
)(
A)
shall be such part of the whole rent payable for the premises mentioned in
section 50A(1)
as is apportioned to that tenancy by the Commissioner who shall have regard to the relative size and other features of the dwellings in those premises.
(b)
The Commissioner shall notify the parties in writing of the rent so apportioned and the apportionment shall be final and binding.
(c)
(Repealed
40 of 1984 s. 16
)
(3)
In determining the other terms of the tenancy under subsection
(1
)(
ii
)(
B)
, the Tribunal shall have regard
to—
(a)
the terms of the tenancy of which the dwelling forms part;
(b)
the terms ordinarily applicable to a tenancy of a dwelling in premises consisting of 2 or more dwellings; and
(c)
such other considerations as appear to be equitable,
and the determination shall be final and binding.