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s 25

Rent control notices

In force
Part 3Orders, notices and other action to deal with unsafe or unsuitable housing conditions
Division 3Rent control notices

25 Rent control notices

(1)

The Minister may, if a housing improvement order has been issued in respect of residential premises, by notice in the Gazette, declare the premises to be subject to rent control (a rent control notice).

(2)

Before making a notice under subsection (1), the Minister must give the owner of the residential premises a preliminary notice (a preliminary rent control notice)—

(a)

stating the intention of the Minister to make the rent control notice; and

(b)

specifying the premises to which the rent control notice is intended to apply; and

(c)

stating the maximum rent proposed for the premises as fixed by the

Minister after taking into account—

(i)

the condition of the premises; and

(ii)

the capital value of the premises as determined under the

Valuation of Land

Act 1971; and

(iii)

to the extent that the Minister may reasonably be able to determine, the market rent for residential premises of that kind in the same or similar localities; and

(iv)

any other factors prescribed by regulation or considered relevant by the Minister; and

(d)

inviting the person to show, within a specified time not exceeding

14 days why a rent control notice should not be made (by making representations to the Minister).

(3)

A notice under subsection (2) may state varying amounts as the proposed maximum rent for the premises according to—

(a)

whether the rent applies in relation to the premises as a whole or in part; or

(b)

whether the premises are furnished or unfurnished.

(4)

After considering any representations made within the time specified under subsection (2)(d), the Minister may—

(a)

proceed with making the rent control notice—

(i)

in accordance with the terms of the preliminary rent control notice; or

(ii)

with modifications from the terms of the preliminary rent control notice; or

(b)

determine not to proceed with the rent control notice.

(5)

The Minister may, on application by the owner of premises to which a rent control notice applies or on the Minister's own initiative, by subsequent notice in the Gazette, vary or revoke the rent control notice if satisfied that it is just or reasonable to do so.

(6)

A rent control notice—

(a)

comes into operation on the day on which it is made or such later date as may be specified in the notice; and

(b)

remains in force according to the terms of the notice—

(i)

for a period specified in the notice; or

(ii)

until revoked by the Minister, (despite any change in ownership or occupancy of the residential premises).

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