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Reletting of Urban Property (Regulation) Ordinance (Cap. 69) Consolidated

CHAPTER 69

RELETTING OF URBAN PROPERTY (REGULATION) ORDINANCE

To repeal and to re-enact with amendments the Urban Rent Regulation

Law.

19th June, 1931

ORDINANCE XXI of 1931, as amended by Act III of 1932; Ordinances: V and XX of 1935, XXIV of 1937, VIII and XXI of 1942, XIV of 1943, XXVIII of 1947; Acts: IX of 1954, V of 1955; Ordinances: VI of 1959, XXV of 1962; Act XI of 1962; Legal Notices: 4 of 1963, 46 of 1965; Acts: XXXII of 1965, XXXI of 1966, I of 1968, I of 1972, LVIII of 1974; Legal Notice

148 of 1975; Acts: XVI and XXV of 1979, XIII of 1983, XIX of 1993, XXIV

and XXXI of 1995, VI of 2001 and XXXI of 2002; Legal Notice 408 of

2007; and Acts X of 2009 and V of 2010.

1. The short title of this Ordinance is Reletting of Urban

Property (Regulation) Ordinance.

2. In this Ordinance, unless the context otherwise requires -

the expression "the Board" and "the Rent Board" mean the Rent
Regulation Board constituted under article 16;
the expression "club" means any club registered as such at the Of fice of the C o mmissioner of Polic e under the appropriate provisions of law;
the expression "let" includes sub-let;
the expression "premises" means any urban immovable property;
the expression "shop" means any premises principally leased for the sale of any wares or merchandise, wh eth er by who lesale or retail, any market stall, warehouse and any premises licensed for the sale of wine and spirits or refreshments, any cinema hall or any other premises principally leased for the exercise therein of any art or trade or for use as a club;
the expression "tenancy" includes sub-tenancy;
the expression "tenant" includes-
(a) the widow or widower of a tenant provided husband and wife were not, at the time of the death of the tenant, either legally or de facto separated;
(b) in the case of dwelling-house, where the tenant leaves no widow or widower, such members of the tenant’s family as were residing with him or her at the time of his or her death;
(c) in the case of a shop, where the tenant leaves no widow or widower, such persons as are related to the tenant by consanguinity or affinity up to the degree of cousin inclusively, provided, in the latter case, such persons are the heirs of the tenant;

Short title.

Interpretation. Amended by: XXIV. 1937.2; V. 1955.2; XVI. 1979.2; V. 2010.21.

Lessor not to refuse renewal of lease or raise the rent without permission of Board.

Amended by: XXVIII. 1947.1A; XVI. 1979.3.

Power of Board to permit increase of rent, etc.

Amended by: XIV. 1943.2;

XIX. 1993.2.

(d) in the case of a club the person or persons from time to time succeeding in the management or direction thereof;
it also includes sub-tenant in relation to the tenant.

3. It shall not be lawful for the lessor of any premises, at the ex pirati on of t h e peri od of t e nan c y (wh e the r su ch peri od be conventional, legal, customary or consequential on the provisions of this Ordinance), to refuse the renewal of the lease or to raise the rent or impose new conditions for the renewal of the lease without the permission of the Board.

4. (1) The Board shall grant the said permission in the following cases:

(a) if the lessor is bound to carry out or has reasonable cause for making any alterations or works other than ordinary repairs;
(b) if the proposed rent does not exceed 40% over and above the fair rent (to be, where necessary, fixed by valuation), at which the premises were leased or could have been leased at any time prior to the 4th of August, 1914: the Board may fix such fair rent.
(2) The expenses of the said valuation shall be paid by the lessor or by the tenant or by both in such proportion as the Board shall direct.
Increase of rent. 5. (1) In the case referred to subarticle (1)(a) of the last preceding article, the Board shall allow such increase as it may deem justif ied, having r egard to the benefit r esulting from the alterations or works.
(2) Any such increase shall take effect from the date of the completion of the alterations or works.

Where permission is granted to lessor to increase rent.

6. (1) Where permission is granted to the lessor to increase the rent or to impose new conditions, the tenant shall, within fifteen days of the decision of the Board, accept the terms laid down by the Board or refuse the same; in the latter case, the tenant must vacate the premises within a time to be fixed by the Board and continue to pay rent for the occupation thereof after the termination of the lease at the increased rate allowed by the Board.

(2) The tenant shall be deemed to have accepted such terms if within the said time of fifteen days he fails to signify his intention to the contrary, by means of a judicial letter.

Increase of rent in view of improvements on the premises.

7. (1) Where the lessor desires to increase the value of the premises by works or alterations to be carried out at the termination of the lease, he must apply to the Board for permission to do so.

(2) If the application is granted, the Board shall allow an increase of rent having regard to the cost and importance of such improvements.
(3) The increase of rent shall commence as from the day of the
completion of the works.

8. (1) Where the lessor desires to resume possession of the premises at the termination of the lease he shall apply to the Board for permission to do so.

(2) The provisions of this article shall not apply to premises belonging to or administered by the Government.

Application by lessor for resuming possession of premises.

9. The Board shall grant the permission referred to in the last preceding article in the following cases:

(a) if the tenant has in the course of the previous lease failed to pay punctually the rent due by him, or has caused considerable damage to the premises, or otherwise failed to comply with the conditions of the lease, or has used the premises for any purpose other than that for which the premises were leased, or has sublet the premises or made over the lease without the express consent of the lessor.
For the purposes of this paragraph:
(i) the tenant shall be deemed to have failed to pay punctually the rent due by him if in respect of each of two or more terms he has not paid the rent within fifteen days from the day on which the lessor has called upon him for payment;
(ii) any subtenancy of a portion only of the premises, made on or after the l3th day of July,
1945, for the use of the portion sublet otherwise than as a shop and the residue of the premises
continuing to be occupied by the tenant or by any member of his family, shall not be deemed to be a subtenancy referred to in this paragraph;
(iii) any subtenancy or assignment of lease of any premises, including a shop, made at any time between the 10th day of June, 1940, and the l3th day of July, 1945, both days inclusive, shall not constitute a good reason for the grant of the permission referred to in article 8;
(b) if the lessor requires the premises (other than a shop) for his own occupation or for that of any of his ascendants or descendants, whether by consanguinity or affinity, or of a brother or sister, and (except as otherwise provided in this paragraph of this article) the Board is satisfied that alternative accommodation is available which is reasonably suitable to the means of the tenant and his family as regards extent, character, and proximity to place of work (if any):
Provided that the existence of alternative accommodation shall not be a condition for the grant by the Board of permission to recover possession of premises under this paragraph of this article where the Board is satisfied, having regard to all the

Cases in which application for resuming possession of premises may be granted. Amended by: XXI. 1942.2; XXVIII. 1947.2.

circumstances of the case including any alternative accommodation available for the landlord or for the tenant, that greater hardship would be caused by refusing permission for the recovery of possession than by granting it.

Right of preference granted by Civil Code held in abey- ance.

Amended by: XXVIII. 1947.2A.

Cap. 16.

Penalty in case of simulation or fraud.

Amended by: XIII. 1983.5;

L.N. 408 of 2007.

Resuming possession of shops.

Tenant to be allowed time for quitting premises where lessor requires premises for his own occupation, etc. Amended by:

XXI. 1942.3.

10. Saving the provisions of the last preceding article, any right of preference granted by the Civil Code in the case of renewal of a lease of any premises shall, so far as the tenant is concerned, remain in abeyance during the time in which this Ordinance shall be in force.
11. Where the lessor has resumed possession of the premises, under the provisions of article 9(b) and it is proved that there has been simulation or fraud, the lessor shall be bound to pay, in lieu of damages, to the tenant who has quitted the premises a penalty not exceeding four hundred and sixty-five euro and eighty-seven cents (465.87) to be fixed by the Board.
12. Where the premises consist in a shop, the lessor shall not be entitled to resume possession thereof during the time in which this Ordinance shall be in force, except in the case mentioned in article 9(a) or where the premises belong to or are administered by the Government or are otherwise required by the Government for any public purpose.

13. (1) When the lessor requires the premises for his own o ccu patio n or for that of an y of hi s ascend ants or descend an ts, whether by consanguinity or affinity, or of a brother or sister or of an ado p tive ch ild, a nd th e B o ard ha s g r ant e d t h e re qui sit e permission, the Board shall allow the tenant a reasonable period w i t h in w h i c h to va cate th e p r em ise s , hav i n g r e g a rd t o the circumstances of each case.

(2) The said period is allowed in favour of the tenant who may at any time within such period qu it the pr emises and claim the refu nd of an y p a rt of t h e rent corresp on din g t o the unex p i r ed portion of the renewed tenancy.

Lessor desiring to increase the rent or impose new conditions to apply to Board.

Amended by: XXVIII. 1947.2B;

XIII. 1983.5;

L.N. 408 of 2007.

When rent exceeds ninety-three euro and seventeen

cents (93.17) per annum.

14. (1) The lessor of any premises who desires to increase the rent or to vary the conditions of the lease on the renewal thereof, shall apply to the Board at least one calendar month before the expiration of the lease: in default, the lease shall be deemed to be renewed at the same rent and on the former conditions for a period corresponding to a term of rent, that is to say, for one year if the rent is payable yearly, for six months if the rent is payable half- yearly, for three months if the rent is payable quarterly, for one m ont h i f t h e rent i s payab l e by the mo nth or at o t her shorter periods.

(2) Where, however, the rent exceeds ninety-three euro and sevent een cen t s (9 3.1 7 ) p e r an nu m the lessor who desires to increase the rent or to impose new conditions, must within the said period of one month give notice to the tenant of his such intention, by means of a judicial letter, and if the tenant wishes to contest such increase or the imposition of such new conditions, he must
apply to the Board for the reje ction of such increase or new conditions; in default of such application the proposed increase or new conditions shall be deemed to have been accepted by the tenant.

15. (1) Any clause or condition excluding the tenant from any ben e fit conferred by this Ordi nance whether such clau se or condition has been stipulated prior to the commencement of this Ordinance or after such commencement, shall be considered as null and void.

(2) Any promise made by the tenant, whether before or after the enactment of this Ordinance, that he will vacate the premises when he finds alternative accommodation or to a like effect, shall not be construed as a notice of termination of the tenancy to the prejudice of the tenant, and shall not by itself entitle the lessor to recover possession of the premises.

Any clause excluding tenant from any benefit conferred by the Ordinance to be null and void. Amended by: XXVIII. 1947.3.

16. (1) There shall be a Board to be known as the Rent

Regulation Board.
(2) The Board shall consist of a Chairman who shall be appointed by the President of Malta from among the judges and magistrates.
(3) The President of Malta may appoint several judges or magistrates to sit on the Board, but only one judge or magistrate shall sit in any one case.
(4) Without prejudice to any other law the Board shall also decide all matters affecting the leases of urban property including residential as well as commercial property in terms of Title IX of Part II of Book Second of the Civil Code, Of Contracts of Letting and Hiring, including causes relating to the occupation of urban property where such leases have expired.

Constitution of the

Board.

Amended by:

III. 1932.1;

V. 1935.2;

XIV. 1943.3;

I. 1968.2;

L.N. 148 of 1975.

Substituted by:

XVI. 1979.4.

Amended by:

XXV. 1979.2.

Substituted by:

XIX. 1993.2.

Amended by:

X. 2009.38.

Cap. 16.

16A.(1)(a) In actions before the Rent Board, where the demand is solely for the eviction of any person from the lease or su b-lease o f any urban, resi den tial or commercial tenement, with or without a claim for rent or any other consideration due or by way of dam a ges for any compensation, up to the date of the surrender of the t e n e m e nt, it shall be l a w f ul for t h e ap plicant to demand in the sworn application that the Board gives judgment allowing his demand, without proceeding to trial:
Provided that the applicant shall, in his sworn application state that the respondent has no defence to the action:
Provided further that the applicant shall also file together with the application a sworn affidavit containing facts relative to the claim, and confirming that such facts are within his knowledge. The applicant may also file together with his application an affidavit of any other third party confirming facts relative to the

Powers of the

Board.

Added by:

X. 2009.38.

Service on respondent.

Time for service of sworn application.

claim.
(b) In the cases provided for in this article, the sworn application shall be in writing according to the prescribed form and shall contain an order to the respondent to appear before the Board, on an appointed day and at a stated time.
(c) In the cases provided for in this article, the sworn application shall also indicate clearly that the procedures conducted are special summary procedures where judgement shall be given at the first hearing of the case should the respondent fail to appear at that sitting or should he fail at that sitting to show that he has a valid defence to put forth to rebut the applicant’s claims.
(2) A copy of the sworn application shall be served upon the respondent.
(3) In the cases referred to in subarticle (1), the sworn application shall be served on the respondent without delay; and he shall be ordered to appear not earlier than fifteen days and not later than thirty days from the date of service:
Provided that in the case of non-observance of the provisions of this article the Board shall not stop proceedings by special summary proceedings but shall give such orders as it may consider app r opri a t e so t h at the ri ghts of th e parties be not prejudiced.

Mode of service. (4) The sworn application, and the affidavit produced therewith, and any order referred to in subarticles (2) and (3) shall be served by means of any executive officer of the courts.

Trial in special summary proceedings.

twenty days from the date of the order referred to in paragraph (d).
(c) Where leave to defend is given, the action shall be tried and determined, on the same acts, in the ordinary course as provided in this Ordinance.
(d) The order giving leave to defend shall be made orally, a record thereof being kept in the proceedings.

17. The President of Malta shall also appoint a Panel of Architects and Civil Engineers from among persons who hold the warrant to practice as Architect and Civil Engineer according to the provisions of the Architects Ordinance and who have practised that profession in Malta for not less than seven years.

18. (1) The members of the Panel shall not enter upon the duties of their office unless they have taken and subscribed an oath b e fo re the Ch ai rman to exercise their fu nction s under t h is Ordinance with impartiality and in accordance with the law.

(2) The members of the Panel shall be appointed for a period of two years and may be reappointed.

Appointment of Panel of Architects and Civil Engineers. Substituted by:

XIV. 1943.4. Amended by:

L.N. 46 of 1965; LVIII. 1974. 68;

XVI. 1979.5. Substituted by: XIX. 1993.2.

Cap. 44.

Oath to be taken by members of the Panel.

Substituted by: XVI. 1979.6; XIX. 1993.2.

19. (1) The Chairman or any other member of the Panel may abstain or may be challenged by any of the contending parties for an y of t h e causes mentio ned in art i cl e 734 of the Code of Organization and Civil Procedure.

(2) Any question regarding any cause of abstention or challenge shall be decided by the Chairman of the Board.

Members of Board may abstain or be challenged as provided in Code of Organization

and Civil

Procedure.

Amended by:

XIX. 1993.2.

Cap. 12.

20. (1) The Board shall have all such powers as are, by the Code of O rganization an d Civil Pro c edu r e , v ested in the Civi l Court, First Hall.

(2) The enforcement of the decisions of the Board in the manner prescribed in the Cod e of Or gani zatio n an d Ci vil Procedure, shall vest in the Board itself.

Powers of Board.

Amended by:

L.N. 148 of 1975.

Cap. 12.

21. Any warrant or order issued by the Board shall be signed by the Chairm an and certified by the Registrar or Clerk of the Board.

22. The Registry of the Superior Courts in Malta, or the Registry of the Courts of Magistrates in Gozo, as the case may be, shall be the Registry of the Board and therein shall be deposited the records of the Board.

23. (1) Whenever a question arises before the Board requiring the valuation of any prem ises or any other technical opinion in co nnecti on with an y case before the Board, the Chairm an shall assign two of the members of the Panel to examine the premises in

Orders to be signed by Chairman.

Registry of Board.

Reports by members of the Panel to the Board. Substituted by: XIX. 1993.2.

question, or to take cognizance of the record of the case relative to the matter in which the technical opinion is requested; and such two members shall presen t their report to the Chair m an dur ing the sitting or file the said repor t in the registr y of the Board as the Chairman may direct.
(2) The Chairman may also require the members of the Panel assigned to a case to attend the sitting of the Board when that case i s be ing co nsid ere d b y the Bo ar d i f th e sai d memb ers req u i r e addi tional informatio n from t h e parti e s or need to hear any particular witnesses.
(3) The Chairman shall only be bound by the reports of the Pan e l wh ene v er t h e r e po rt s o f t h e tw o me mb er s o f th e Pan e l assigned to a particular case are unanimous; where unanimity is not reached by the said two members, the Chairman shall on the basis of the reports submitted by the two members, decide the matter himself.

Decision of Board to be delivered in open court. Amended by: XXIV.1937.3;

VIII. 1942.2; IX. 1954.2; XI. 1962.2;

L.N. 148 of 1975; XVI. 1979.7;

XIX. 1993.2;

XXXI. 2002.258.

Appeal therefrom. Cap. 12.

24. (1) The decisions of the Board shall be delivered by the

Chairman in open court, and no appeal shall lie therefrom except -
(a) in the case of applications under the provisions of article 8 hereof; and
(b) in other cases, on a point of law determined by the
Board.
(2) The appeal shall be brought before the Court of Appeal as constituted in terms of article 41(6) of the Code of Organization and Civil Procedure by means of an application, within twenty days from the day on which the decision of the Board is delivered.

Contents of application.

25. (1) Any application made by the lessor for permission to increase the rent or i m pose ne w con d itions sh all be drawn up according to Form A in the Schedule hereto and shall contain a demand for permission t o increa se the rent or i m pose new conditions, stating the grounds therefor and specifying the rent and conditions of the current lease.

(2) Any application for resuming possession of the premises at the termination of the lease shall be drawn up according to Form B in the Schedule hereto and shall state the grounds on which the demand is founded.

Applications to be drawn up

according to Forms annexed to Ordinance.

No nullity shall arise from use of other forms.

26. Any applications made by the tenant under the provisions of article 1 4 (2) shall be drawn up accordin g to Form C in th e Schedule hereto.

27. (1) No nullity shall arise if any other form is used provided the application contains the information required under article 25.

(2) The Board may, at any time, allow any amendment to be made in the application for the purpose of making it clearer.

28. (1) The application shall be filed in duplicate, and a copy thereof, bearing the date on which the Board will fir s t take cognizance of the application, shall be served on the other party, at applicant’s expense.

(2) The date of hearing shall be so fixed by the Board that not less than fifteen days shall intervene between the filing of the application and the first hearing of the matter, provided that not less than twelve days shall elapse between the date of serving of the application and the date fixed for the hearing of the application; and the date of heari ng shall be endorsed o n th e d upl icate
ap plication by t h e Registrar or Clerk of the Board under instructions from the Chairman.

Application to be filed in duplicate. Substituted by: XIV. 1943.5.

29. On the filing of each application there shall be paid a registry fee as established in accordance with article 39.

30. The lessor or the tenant on whom the application has been served shall make his submissions, orally or in writing, if any, at the hearing of the matter. He may, however, accede to the requests contained in the application, by means of a written reply filed in he Registry of the Board at any time previous to the date fixed for the hearing.

In default of any submissions on the date fixed for hearing, in contestation of the request contained in the application, the Board shall allow the application.

Application to be accompanied by registry fee. Substituted by: XXVIII. 1947.4. Amended by:

I. 1972.2; XIII. 1983.5.

Substituted by: VI. 2001.8.

Making of submissions. Substituted by: XIV. 1943.6.

31. If the party on whom the application has been served files a r e p l y w h ereby he acced e s to t h e request co ntained in the application, the Chairman shall allow the application in camera.

32. The parties may appear before the Board in person or may appear or be assisted by an advocate or a legal procurator.

33. If the applicant fails to appear at the hearing of the application, the Board shall dismiss the application and order the costs to be borne by the applicant:

Provided that the applicant may, within six days of such decision, apply to the Board for a re-trial of his application if he explains his default to the satisfaction of the Board.

Where application is acceded to. Amended by:

V. 1935.3. Substituted by: XIV. 1943.7.

Appearance before

Board.

Amended by:

XIX. 1993.2.

Judgment in default of appearance of the applicant.

34. (1) The application shall be drawn up in the Maltese language. Where, however, the party on whom the application is to be served is reasonably believed to be an English-speaking person within the meaning of the Judicial Proceedings (Use of English Language) Act, the provisions of article 5 of the said Act shall apply.

Language in which application is to be drawn up.

Amended by: V. 1935.4;

XXXII. 1965.8; XIX. 1993.2. Cap. 189.

(2) The application shall be signed by the party himself or by an advocate or a legal procurator.

Language of proceedings. Amended by: V. 1935.5;

XXXII. 1965.8.

Cap. 189.

Legal aid. Substituted by: XXIV. 1995.360. Cap. 12.

Registry fees. Amended by: XIV. 1943.8. Substituted by: XXVIII. 1947.5.

Expenditure of administration of Board.

See sec. 3 of Ord. XXVI of 1939. Amended by:

XXXI. 1966.2; XVI. 1979.8.

Fees due to members of the Panel, etc. Amended by: XX. 1935.2;

I. 1968.3; I. 1972.3;

XVI. 1979.9; XIII. 1983.4,5. Substituted by:

XIX. 1993.2. Amended by: VI. 2001.8.

Cap. 12.

35. The proceedings shall be conducted in accordance with the provisions as to language contained in the Constitution of Malta and in the Judicial Proceedings (Use of English Language) Act.
36. The provisions of Title X of Book Third of the Code of Organization and Civil Procedure and any other provisions of the said Code relating to the benefit of legal aid shall apply to parties to proceedings before the Board.

37. The registrar shall not levy fees in connection with proc eedings under th is Or dinance ot her than thos e pr ovided in article 29.

38. The expenses in connection with the administration of the Board shall be paid out of the Consolidated Fund without the necessity of any further appropriation.

39. The Minister responsible for justice may by notice prescribe -

(a) the fees payable to the members of the Panel;
(b) the fees payable to advocates and legal procurators for any proceedings before the Board; and
(c) the registry fees payable on the filing of any judicial act:
Provided that until such fees are so prescribed by the Minister , the fees contained in Schedule A to the Code of Organization and Civil Procedure shall apply.

Costs. 40. The costs of the proceedings shall be borne by the parties or by any of the parties as the Board may direct.

Vexatious applications. Amended by: XXVIII. 1947.6; VI. 1959.3;

XIII. 1983.5;

L.N. 408 of 2007.

41. (1) If during the hearing of any application the Board finds that the application is vexatious, the Board may order the offending party to pay to the other party a penalty not exceeding eleven euro sixty-five cents (11.65).

(2) The Board may, moreover, inflict on the applicant a fine recoverable by the Accountant General as a civil debt, of an amount not exceeding three euro and forty-nine cents (3.49) or one half of one month’s rent of the premises, whichever is the less.

New trial in case of misrepresentations. Amended by:

XIII. 1983.5;

L.N. 408 of 2007.

42. Where it appears that any of the parties has obtained a favourable decision from the Board in consequence of any false statement made by him, it shall be lawful for the opposite party to apply to the Board for a new trial and also to maintain an action before the competent court for damages and for the payment of a

penalty not exceeding four hundred and sixty-five euro and eighty- seven cents (465.87) to be fixed by such court.

43. The application for a new trial must contain the facts on which the application is based and must be accompanied by the fees referred to in article 29.

44. (1) For the purposes of this Ordinance the term "letting" shall be deemed to include -

(a) any emphyteutical grant for a period not exceeding sixteen years; and
(b) notwithstanding any stipulation to the contrary, any agreement in pursuance of which any person has been accommodated in consideration of payment periodically recurrent in any premises other than a hotel or lodging-house licensed as such by the Police; and
(c) any other agreement whereby any real or personal right on any premises, which right includes that of occupation of those premises, is granted under an onerous or commutative title for a period of time, whether such time is established by fixing a certain specified day or whether it can be established by reference to a certain or to an uncertain future event.
(2) The provisions of this article shall not apply to accommodation provided by the Government in requisitioned premises.

Contents of application for a new trial. Amended by: XXVIII. 1947.7.

Certain contractual stipulations

deemed to be

lettings.

Added by:

XXIV. 1937.5.

Substituted by:

XXVIII. 1947.9.

45. (1) It shall be lawful for the Minister responsible for justice to make regulations relating to the sittings of the Board and any other matter that may be necessary for the better carrying into effect of this Ordinance.

(2) Such regulations shall be published in the Government Gazette and a copy thereof shall as soon as possible be laid on the Table of the House of Representatives and they shall remain in force until repealed, or amended, by the Minister responsible for justice or by a resolution of the House of Representatives.

46.* (1) The foregoing provisions of this Ordinance shall not apply to the lease of any premises entered into on or after the 1st June, 1995:

Provided that articles 16 to 45 shall also apply to all leases

Power of Minister to make regulations. Amended by:

XXV. 1962.3,4; L.N. 4 of 1963;

L.N. 46 of 1965; XXXI. 1966.2.

Operativeness of this Ordinance. Added by:

XXXI. 1995.2. Amended by:

X. 2009.38.

*Article 5 of Act XXXI of 1995 inter alia provides:

5. Nothing in article 46 of the Reletting of Urban Property (Regulation) Ordinance

shall be deemed to restrict any of the powers of the Director of Social Housing under

the Hous ing Ac t , (Cap . 125) and the provisions of the Ordinance as in for c e

immediately before the coming into force of this Act (1st June 1995) shall, in as far as

applicable, continue to apply with regard to the relationship between the said Director

and any owner of premises in possession of the said Director on that date, or between

the said Dir e ctor and any person legally in occupatio n of such premises. The

provisions of the said Ordinance as aforesaid shall also continue to regulate the

relatio nship between any person in o ccupation o f su ch prem ises an d the own er

thereof.

made after the 1st June, 1995.
(2) For the purposes of this article -
(a) the term "lease" includes any letting as defined in article 44(a), (b) or (c) and includes a sub-lease;
(b) the renewal of a lease on or after the 1st June, 1995 (whether such renewal be conventional, legal, customary or otherwise) shall not be deemed to be a lease entered into on or after the 1st June, 1995.

SCHEDULE

[ARTICLES 25 AND 26]

Amended by: XXVIII. 1947.10.

To the Registrar,
Rent Regulation Board.

FORM A

I submit this application for the increase of rent or the imposition of new conditions with regard to the renewal of the lease of the premises (1) now held by (2)
The present lease expires on the (3)
The present lease is at the rent of (4) and under the following conditions: (5)
I desire to raise the rent to (6) and to impose the following conditions: (7)
The grounds on which this application is based are: (8)

(Signature of applicant)

(1) Insert description of the premises viz: locality. (2) Insert name of tenant.

(3) Insert the date of the expiration of the present lease. (4) Insert rate of rent.

(5) Insert conditions of lease.

(6) Insert the proposed rate of rent. (7) Insert the new conditions.

(8) Insert the grounds on which the application is based.

To the Registrar,
Rent Regulation Board.

FORM B

Amended by: XXVIII. 1947.10.

I submit this application to resume possession of the premises at: (1) now held by (2)
The present lease expires on the (3)
My application is based on the following grounds: (4)

(Signature of applicant)

(1) Insert description of the premises. (2) Insert name of tenant.

(3) Insert date of expiration of lease.

(4) Insert the grounds on which the application is based.

To the Registrar,
Rent Regulation Board.

FORM C

Amended by: XVIII. 1947.10.

Pursuant to the provisions of the Reletting of Urban Property (Regulation) Ordinance, (Chapter 69), I hereby pray that the Board may d i sal l ow the in crease of ren t and the imp ositio n of new conditions mentioned in the judicial letter served upon me by
(1) with regard to the premises at
(2) of which I am the tenant.
The present rent is (3) and the said (4) has, by means of the said judicial letter dated (5) copy whereof is hereto attached, signified his intention to increase the said rent. (6)

(Signature of applicant)

(1) Insert name of lessor.

(2) Insert description of the premises. (3) Insert the yearly rent.

(4) Insert the name of the lessor.

(5) Insert the date of the judicial letter.

(6) Insert the grounds on which the application is based.