RENT (WAR PERIOD) RELIEF ORDINANCE

RENT (WAR PERIOD) RELIEF ORDINANCE

CHAPTER 261.

RENT (WAR PERIOD) RELIEF.

To relieve tenants frorn, payment of rent in respect of the
period of Japanese occupation and to adjust the rights of
landlords and. tenants.

[27th August, 1948.]

1. This Ordinance may be cited as the Rent (War
Period) Relief Ordinance.

2. In this Ordinance--
'landlord' and 'tenant' shall include their respective
executors, administrators and assigns;
'Premises' means the premises subject to a tenancy whether
such tenancy was for domestic, office, professional,
business, trade or other purposes and includes a pier or
wharf ;
'tenant' includes the Crown, a sub-tenant and a statutory
tenant but does not include an), person holding directly
from the Crown;
'war period- means the period commencing with the 8th
day of December, 1941, and ending with the 16th day of
September, 1945.

3. Save as hereinafter expressly provided-
(a)all claims for payment of rent payable for any
premises in respect of any, period comprised in the
war period shall be deerned to have been waived ;
(b)no court shall entertain any such claim whether
the same be advanced by way of claim, counter-
claiin or set-off or howsoever the same may be
advanced.

4. (1) It is hereby declared that section 3 shall riot
apply-
(a)to any rent actually paid to or received by landlord
or his agent;
(b)to any rent or other consideration paid or due in
pursuance of any agreement arrived at between land-
lord and tenant by way of settlement of claims by
the landlord for the rent of any premises in respect
of the war period or part thereof.





(2) Section 3 shall not apply to any tenancy in respect of
which the tenant, after the commencement of this Ordinance,
makes a claim against the landlord for breach of the covenants
on the landlord's part, express or implied, occurring during
the war period : Provided that section 3 shall nevertheless
apply if in the case of a breach occurring during the war
period but continuing thereafter the claim is limited to
breaches continuing subsequent to the war period.

5. Where, by virtue of the law which would be applic-
able if this Ordinance had not been passed, a landlord would
have been entitled to claim rent against a tenant, and property
belonging to the tenant remained on the premises and was
subsequently restored to the tenant by or on behalf of the
landlord, there shall be payable to the landlord, by the tenant,
such a sum as will fairly compensate the landlord for suffering
such property to remain on the premises and for his care
thereof and for any expenses incurred in preserving the same.

6. The compensation referred to in the preceding section
shall, in default of agreen-ient, be ascertained by submission
to the arbitration of two arbitrators, one to be appointed by
either party, and ruICS 2 to 13 Of Order XXV of the Code of
Civil Procedure shall apply to any such submission in like
manner as if this section were a written agreement by the
parties to submit their differences to arbitration.

7. The Crown shall be entitled to the benefit of this
Ordinance.
44 of 1948. Short title. Interpretation. Rent during the war period irrecoverable, save as hereinafter provided. Provision for payment of rent in certain cases. Compensation to landlord where tenant's property stored on premises and ultimately restored. Submission of claim, in default of agreement, to arbitration. (Cap. 4, rules.) Crown entitled to benefit of Ordinance.

44 of 1948. Short title. Interpretation. Rent during the war period irrecoverable, save as hereinafter provided. Provision for payment of rent in certain cases. Compensation to landlord where tenant's property stored on premises and ultimately restored. Submission of claim, in default of agreement, to arbitration. (Cap. 4, rules.) Crown entitled to benefit of Ordinance.

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