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Cases where order or judgment referred to in section 14 may be made

Control of Rent Act

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—(1) In the case of all premises such an order or judgment as is referred to in section 14 may be made in any of the following cases:(a)where at the date of the notice determining the tenancy given by the landlord rent lawfully due was in arrear for 21 days or upwards after notice of demand in writing had been served on the tenant and there was no tender thereof at or before that date and the court considers it reasonable that such an order or judgment be made or given;(b)where any obligation of the tenancy other than the payment of rent (whether under the contract of tenancy or under the provisions of this Act) so far as the obligation is consistent with the provisions of this Act, has been broken or not performed by the tenant and the court considers it reasonable that such an order or judgment be made or given;(c)where the landlord as a step towards increasing the rent in pursuance of section 7, has given the tenant a notice to quit, and the tenant holds over possession at the expiration of the notice without paying or agreeing to pay the increased rent;(d)where the tenant or any other person occupying the premises under him, has been guilty of conduct constituting a nuisance or persistent annoyance to persons in the same building; or of using or permitting the use of the premises for illegal or immoral purposes;(e)where the condition of the premises has in the opinion of the court deteriorated owing to the wrongful neglect or default of the tenant; or where the tenant has wrongfully caused or suffered to be caused substantial damage to the premises;(f)where the tenancy has been determined by notice to quit given by the tenant;(g)where the tenant having sublet the premises or part thereof receives in respect of that subletting, rents (excluding any municipal services paid by the tenant) for any sublet part of the premises in excess of the recoverable rent for that part, or rents which exceed in the aggregate 110% of the recoverable rent paid by the tenant himself including the apportioned rental or value of any part of the premises retained by the tenant or not sublet by him;(h)where the tenant or any other person occupying the premises under him has knowingly committed a breach of any written law regulating any business carried on upon the premises or of any provision of the Environmental Public Health Act [Cap. 95] or the Building Control Act [Cap. 29] or of any regulations made thereunder affecting the premises which exposes the landlord to any penalty, fine or forfeiture; (i)where the landlord of the premises reasonably requires them for occupation by himself or any member of his family or any person for whom he holds the premises in trust and the tenancy has been determined by not less than one year's notice to quit and there has been no change by purchase in the ownership of the premises within one year next preceding the date of the notice:Provided that an order or judgment shall not be made or given on any ground specified in this paragraph if the court is satisfied that having regard to all the circumstances of the case, including the question whether other accommodation is available for the landlord or the tenant, greater hardship would be caused by granting an order or judgment than by refusing to grant it; and(j)in any other case where the court considers it reasonable that such an order or judgment be made or given and is satisfied that suitable alternative accommodation is available for the tenant or will be available for him when the order or judgment takes effect.(2) For the purposes of subsection (1)(a) —(a)a notice of demand shall give the name and address of the person, whether he is the landlord or not, to whom the rent lawfully due may be tendered by the tenant and shall be deemed to have been served on the tenant if it has been addressed to the tenant at the premises of which he is the tenant and sent by prepaid registered post; and(b)rent shall be deemed to have been tendered if it has been sent by prepaid registered post to the person named in the notice of demand as the person to whom the rent lawfully due may be tendered at the address given in the notice.(3) A landlord shall on the request, whether orally or in writing, of his tenant made to the landlord or his agent furnish in writing his business or residential address and any landlord who fails to comply with any such request shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100.

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