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

Cap. 69 · cap/69 (Cap. 69)

Cap. 69 Art. 2Interpretation.

In KraftAmtlicher Text

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

Office of the Commissioner of Police 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, whether by wholesale 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" means also:

(a) in the case of a dwelling-house:

(i) that person who has been recognised as a tenant in accordance with any law validly applicable before the 1st June 2021;

(ii) the widow or widower of a tenant:

Provided that the widow or the widower shall not have the right to be considered a tenant if he did not inhabit the dwelling-house for four (4) out of the last

(iii) the siblings of the tenant who have continued the lease in solidum together with him:

Provided that the siblings shall not have the right to be considered as tenants if they did not inhabit the dwelling-house for four (4) out of the last five (5) years prior to the 1st June, 2008, and, in the case of this sub-paragraph did not continue living with the tenant until the date of his death:

Provided further that following the coming into force of the Controlled Residential Leases Reform Act, 2021, no person who has not yet been recognised as the tenant of a dwelling-house up to that date shall qualify as a tenant of a dwelling-house in terms of this definition, except for those who qualify in accordance with sub-paragraphs (ii) and (iii):

Provided further that persons who do not qualify under sub-paragraphs (i), (ii) and (iii) and have lived in the dwelling-house for four (4) out of the last five (5) years before the 1st June, 2008 and have continued to live with the tenant until the date of the demise of the tenant shall continue occupying the dwelling-house for a period of five (5) years from the date of death of the tenant, at the end of which period they shall vacate said dwelling-house. The compensation for the occupation of the dwelling-house that shall be payable to the lessor during the aforementioned period shall be equal to the highest rent amount that may have been payable by the tenant:

Provided further that following the death of the tenant the lessor may file an application in accordance with the provisions of article 4A and if these persons who do not qualify under sub-paragraphs (i), (ii), and (iii) do not satisfy the income and capital assets criteria of the means-test, the Board shall make a decision in terms of sub-article (4) of article 4A;

(b) 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;

(c) in the case of a club, the person or persons from time to time succeeding in the management or direction thereof, that it includes any sub-tenant in relation to the tenant. rent or impose new conditions for the renewal of the lease without the permission of the Board.

Änderungsgeschichte
  • Amended by XXIV.2021.10