Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
LAWxPERT Anmelden Kostenloses Konto

Cap. 604 · Private Residential Leases Act (Cap. 604)

Cap. 604 Art. 21Additional remedy for the occupant without title.

PART III

In KraftAmtlicher Text

(1) Without prejudice to any other remedy in terms of the Act, in the event that a person served with an enforcement notice under article 20 fails to comply with any of the requirements of such notice within the time therein specified, the Authority may file an application before the Board demanding that, if the Board is satisfied that an occupation without title according to sub-article 20(1) is in existence, a written contract shall be entered into for a period of three

(3) years at a rent which does not exceed seventy-five percent (75%) of the market rental value of the tenement.

(2) The Board may order that any amount be paid as compensation for the occupation of the tenement to the person granting the enjoyment of a tenement without title, whilst the hearing of an application filed in terms of sub-article (1) is pending:

Provided that the remedy under sub-article (1) shall not apply in the case of the occupation without title of shared residential space:

Provided further that if there exists sufficient evidence to determine that the agreed amount for the occupation without title was lower than seventy-five percent (75%) of the market rental value of the tenement, the rent shall be fixed at such amount agreed by the parties.