Landlord and Tenant (Consolidation) Ordinance

(1)
No increase in rent in any tenancy pursuant to a certificate under
section 58
or
59
or to an order of the Tribunal under
section 60
or in any
sub-
tenancy under
section 62
shall take effect within a period of 2 years from—
(Amended
76 of 1981 s. 45
)
(a)
the date on which the rent of the tenancy or sub-tenancy was last increased, whether or not such increase was by agreement; or
(b)
the date of the tenancy or sub-tenancy,
whichever is the later.
(Replaced
6 of 1980 s. 11
)
(2)-(4)
(Repealed
6 of 1980 s. 11
)
(5)
Where a tenancy or sub-tenancy was created after 18 December 1979 or, in the case of a tenancy or sub-tenancy to which this Part applied immediately before that date, at any time after 14 December 1973 or where the rent of a tenancy or sub-tenancy has been increased under
section 55
or pursuant to a certificate under
section 58
or
59
or an order of the Tribunal under
section 60
, or under
section 62
and the rent of the tenancy or sub-tenancy has been increased or further increased pursuant to a certificate under
section 58
or
59
or an order of the Tribunal under
section 60
, or under
section 62
, no order shall be made for the recovery of any increased rent or for the recovery of possession for non-payment thereof unless the landlord or principal tenant satisfies the court that 2 years has or will have elapsed between the commencement of the tenancy or sub-tenancy or the previous increase in rent and the date on which the increase or further increase takes effect.
(Amended
6 of 1980 s. 11
;
76 of 1981 s. 45
)
(6)
For the purposes of this section rent shall, until the contrary is proved, be deemed to have been increased if the tenant or sub-tenant has made any payments, other than rates, to the landlord or the principal tenant, and such additional payments have been made as a condition of the right to occupation of the premises.
(7)
Any increase in rent under
section 55A
or
63A
shall not be an increase in rent for the purposes of this section.
(Added
29 of 1983 s. 22
)