Restriction on ejectment

(1) No judgment or order for the ejectment of a tenant from premises to which this Act applies shall be given or made so long as the tenant continues to pay rent at the agreed rate as modified by this Act, and performs the other conditions of the tenancy, except, (a) on the ground that the tenant has committed waste or has been guilty of conduct which is a nuisance or an annoyance to adjoining or neighbouring occupiers and the considers it reasonable to give such judgment or make such order; 12 (b) on the ground that the premises are reasonably required by the landlord for occupation as a residence for himself, or his wife, or for some person wholly dependent upon him, or for his child or grandchild, his brother or sister, or his parent or grandparent, or for any person bona fide residing or to reside with him, and the court, after considering all the circumstances of the case, considers it reasonable to give such judgment or make such order; (c) on the ground that the tenant has given notice to quit, and, in consequence of that notice, the landlord has contracted to sell or let the premises or has taken any other steps as a result of which he could, in the opinion of the court, be seriously prejudiced if he could not obtain possession; or (d) on the ground that the tenant, by taking in lodgers or by subletting or otherwise parting with the possession of the whole or any part of the premises, is making a profit, whether directly or indirectly, which, having regard to the rent paid by the tenant, is unreasonable and the court considers it reasonable to give such judgment or make such order, Provided that, (i) no judgment or order shall be given or made under this paragraph if the landlord or any sub- tenant has applied to the Board under section 7 and the Board has made an order in respect of the premises which are the subject of the proceedings before the 13 (ii) the court may direct that any judgment or order given or made under this paragraph shall not affect any sub-tenancy lawfully subsisting before the proceedings for ejectment were instituted; or (e) on the ground that the premises are required by the landlord for the substantial alteration or reconstruction thereof in such a way as to affect the premises or for the demolition thereof, and the court, after being satisfied that the landlord has, where necessary, obtained the necessary permit for such alteration, reconstruction or demolition and has given to the tenant not less than three months’ notice in writing to vacate the premises, considers it reasonable to make such judgment or make such order, Provided that where such a judgment or order has been given or made but not executed before the coming into force of this Act, the court by whom the judgment or order was given or made may, if of opinion that the judgment or order would not have been given or made if this Act had been in operation at the date of the giving or making of the judgment or order, rescind or vary the judgment or order in such manner as the court may think fit for the purpose of giving effect to this Act. (2) Where a landlord has obtained a judgment or order for ejectment on either of the grounds specified in paragraphs (b) and (e) of subsection (1) of this section, and it is subsequently made to appear to the court that the judgment or order was obtained by misrepresentation or the concealment of material facts, the court may order the landlord to pay to the former tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as the result of the judgment or order. 14 (3) Where by reason of the provisions of this section any tenant continues in occupation of any premises after the expiration of any contract of tenancy, the terms and conditions of such contract of tenancy shall, in so far as they may be applicable and subject to the provisions of this Act, be deemed to apply to such occupation. Miscellaneous