Full legislation
s.55
Alterations in rent by agreement
(1)
Where an alteration in rent is agreed between a landlord and a
tenant,
the landlord shall lodge with the Commissioner a notice thereof in triplicate in the
specified form signed by both the landlord and tenant.
(Amended
6 of 1980 s. 7
;
29 of 1983 s. 18
;
32 of 1985 s. 14
;
E.R. 4 of
2020
)
(1A)
A notice under subsection (1) shall not be valid
unless—
(a)
(i)
it is signed by the tenant not earlier than 1 month before the date on which it is lodged with the Commissioner; and
(ii)
the alteration of rent to which it relates takes effect neither earlier than 1 month before, nor later than 6 months after, the date on which the notice is so lodged; or
(b)
the notice is endorsed by the Commissioner, the application for which endorsement shall be accompanied by a fee of $500, to the effect that he is satisfied that the tenant understands the effect of the alteration in rent and has not been subject to any undue pressure or influence.
(Replaced
40 of 1984 s. 22
. Amended
32 of 1985 s. 14
)
(2)
Where a notice is lodged with the Commissioner under subsection (1), he shall record the agreement concerning the alteration in rent and shall endorse on 2 copies of the notice a statement to that effect and shall return 1 copy to the landlord and 1 copy to the tenant.
(Amended
29 of 1983 s. 18
;
53 of 1993 s. 22
)
(3)
Where there is an increase in rent under an agreement mentioned in subsection (1), a landlord shall not be entitled to maintain an action to recover rent at the increased rate unless a valid notice mentioned in that subsection is endorsed by the Commissioner under subsection (2).
(Replaced
40 of 1984 s. 22
)
(4)
The security of tenure afforded to a tenant under
section 74B(4)
shall apply where the rent payable by the tenant is increased by agreement, notwithstanding the failure of the landlord to lodge notice thereof under subsection (1).
(Amended
53 of 1993 s. 22
)
(5)
Where, on 18 December 1979, a tenant was in possession of premises under a tenancy agreement which provided for the rent payable by the tenant to be varied during the term of the tenancy by reference to fixed and ascertained periods of time, any alteration in rent pursuant to that tenancy agreement shall take effect as if this section had not been enacted, save that where the alteration takes effect on or after 18 December 1979 the security of tenure afforded to a tenant by
section 74B(4)
shall extend to such tenancy as if the rent had been altered under this Part.
(Replaced
6 of 1980 s. 7
. Amended
29 of 1983 s. 18
;
53 of 1993 s. 22
)