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Further provisions as to termination of tenancies

Cap. 186, s. 5 · Revised Edition 2020

(1) Where the tenant of a tenancy to which this Act applies has been served with a notice of increase of rent, and either does not make an application to a Tribunal within the time allowed by section 14 of this Act to have determined the question whether the increased rent demanded by the landlord ought to be allowed or not, or makes such application and the rent payable by him in respect of the tenancy to which the application relates is increased by either the Tribunal or by the Minister on review, he may, if he considers he is unable to pay the rent so increased, serve on the landlord a notice according to Form 3 in the First Schedule. (2) A notice served by the tenant on the landlord under subsection (1) shall in any case where no application has been made to a Tribunal by the tenant within the time allowed by section 14 of this Act, be served within one month of the date of the expiration of the period within which the tenant under section 14 of the Act may make application to a Tribunal and in the case where an application has been made by the tenant to 10 a Tribunal, within one month of the date of the decision reached by the Tribunal on such application, Provided that, if either the landlord or the tenant shall within the time allowed by section 12 (1) of this Act apply to the Minister to have reviewed the decision reached by the Tribunal, such notice shall be served within one month of the date on which the decision of the Minister is communicated to the parties affected by it. (3) Where a notice is served by a tenant on a landlord under subsection (1) of this Act, the tenancy to which it relates shall be deemed to be terminated by the landlord, (a) in any case where no application is made by the tenant to a Tribunal within the time allowed by section 14 of this Act, on 1st January of the year after the year in which the notice of increase of rent was served by the landlord on the tenant, or, if such last mentioned notice specified a later day, then on such later day; and (b) in any case where an application is made by the tenant to a Land Tribunal within the time allowed by section 14 of this Act, and, (i) the Tribunal does not fix a day on and from which the increased rent has effect, on 1st January of the year after the year in which the notice of increase of rent was served by the landlord on the tenant, or, if such last mentioned notice specified a later day, then on such later day; (ii) the Tribunal does fix a day on and from which the increased rent has effect, on the day fixed by the Provided that if either the landlord or the tenant shall, within the time allowed by section 12 (1) of this Act, apply to the Minister to have reviewed the decision reached by the Tribunal, the tenancy shall terminate on the day fixed by the Minister as the day on and from which the increased rent has effect, or, if the Minister fails to fix such day, then on the day fixed by the Tribunal as the day on and from which the increased rent has effect, or, if both the Minister and the Tribunal fails to fix such day, then on the day determined in accordance with subparagraph (i) of paragraph (b) of this subsection. (4) Where the tenant of a milpa tenancy holds of the same landlord a tenancy defined in section 3 of the Landlord and Tenant Act, Cap. 189 and to which this Act applies and on which is situate a building in which he resides to enable him to work the milpa tenancy and either the milpa tenancy or such other tenancy is terminated by virtue of the foregoing provisions of this section, or by virtue of section 4 (1) (d) of this Act, the tenant may, in respect of the tenancy not so terminated, at any time within one month of the day on which the other tenancy is so terminated, serve notice on the landlord according to Form 2 in the First Schedule of his intention to vacate the tenancy not so terminated and by such notice such last mentioned tenancy shall be deemed to be terminated by the landlord on the first day of the month after the month in which is served the notice under this subsection.
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