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Control of Rent Part V — Subletting

s 21–s 23 · 3 sections

s 21

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(1) Where a tenant has sublet any part of the controlled premises or where such subtenancy has by virtue of notification by the landlord under section 20 (2) become a joint-tenancy, the landlord or the tenant or any subtenant or any joint-tenant of that or of any other part of such controlled premises may, subject to subsection (2) apply to the Tribunal (a) to apportion the fair rent of the whole premises as between the tenant and all the subtenants of any part or parts of the whole premises or as between the landlord and all the joint-tenants of any part or parts of the whole in [Pt. V, S. 21-22] (b) to determine the fair rent of all or any one or more part or parts of the whole premises sublet to any and every subtenant or held by a joint-tenant thereof. (2) No application under this section shall be considered by the Tribunal unless the applicant shall have first requested the Rent Officer for the area where the controlled premises is situated to apportion and determine the said fair rent and such Rent Officer for any reason is unable so to do or the fair rent apportioned and determined by him is not accepted by any of the parties. (3) When any application is made to the Tribunal under section the landlord, the tenant and all subtenants and all joint-tenants shall be deèmed to be interested parties in the proceedings and shall be given an opportunity of being heard and of producing such evidence, oral or documentary, as seems relevant to the Tribunal, and may, if the Tribunal so directs, be joined as parties in the proceedings. (4) After hearing the applicant and all persons interested in such application, the Tribunal shall thereupon make an order apportioning and determining the fair rent applied for in such application; and such apportionment determination shall be made in accordance with sections 5 and 6.

s 22

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(1) Where in any proceedings in court under Power of section 16 for the recovery of possession of any rourto the controlled premises or any part thereof or for the Tribunal to ejectment of a tenant or subtenant or joint-tenant ardereo therefrom it appears to such court that neither an faitrent. or determine apportionment of the rent as between the premises and any sublet part thereof nor a determination of the rent of the part so sublet or held by a joint-tenant has previously been made by the Tribunal, the court may it it thinks fit, refer the matter to the Tribunal for its determination, and the Tribunal shall thereupon proceed as if an application for apportionment had been made under section 21. Penalty. [Pt. V-VI, S. 22-24] (2) Nothing in this section shall apply to any proceedings before the Tribunal being proceedings instituted under section 18 for the recovery of possession of any controlled premises for the purpose of effecting developments thereto.

s 23

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Where the rent charged by the tenant for any sublet part of any premises or by the landlord for any pa en eemined in acordance wit secoion s and 6 or in excess of any increased rental permitted by this Act, the tenant or the landlord, as the case may be, shali unless he proves that he did not know and could not by reasonable. enquiry have ascertained that the rent charged by him waş so in excess as aforesaid or that the excess was solely due to an unintentional miscalculation be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding one thousand ringgit or both and the court may in addition to such sentence where the offence was committed by a tenant order that the tenancy shall be forfeited and possession of the premises shall be given to the landlord.

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Provisions on this page are reproduced verbatim from official open data. See the attribution line.

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Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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