Cap. 69 Art. 9Cases in which application for resuming possession of premises may be granted.

The Board shall grant the permission referred to in the last preceding article in the following cases:

(a) if the tenant has in the course of the previous lease failed to pay punctually the rent due by him, or has caused considerable damage to the premises, or otherwise failed to comply with the conditions of the lease, or has used the premises for any purpose other than that for which the premises were leased, or has sublet the premises or made over the lease without the express consent of the lessor. For the purposes of this paragraph: the lessor has called upon him for payment;

(ii) any subtenancy of a portion only of the premises, made on or after the l3th day of July, 1945, for the use of the portion sublet otherwise than as a shop and the residue of the premises continuing to be occupied by the tenant or by any member of his family, shall not be deemed to be a subtenancy referred to in this paragraph;

(iii) any subtenancy or assignment of lease of any premises, including a shop, made at any time between the 10th day of June, 1940, and the l3th day of July, 1945, both days inclusive, shall not constitute a good reason for the grant of the permission referred to in article 8;

(b) if the lessor requires the dwelling-house for his own residence or for that of any of his ascendants or descendants, whether by consanguinity or affinity, and the Board is satisfied that the tenant has alternative accommodation, holding it in title of ownership, which is reasonably suitable to the means of the tenant and his family as regards size and state of repair and proximity to his place of work (if he is employed):

Provided that the Board shall also consider properties of the tenant which despite being in the possession or detention of third parties, may be recovered by the tenant within a short period of time:

Provided further that the Board shall also consider properties, the use of which would have been granted to third parties under any other title including lease for the malicious purpose of evading the effects of this article:

Provided further that this article shall not be applicable where the tenant is sixty-five (65) years of age or older:

Provided further that this article shall be without prejudice to the lessor’s right to obtain the termination of the lease in the case that the tenant does not meet the income and capital criteria of the means test mentioned under article 4A..