4.—(1) Notwithstanding the provisions of any written law but subject to the provisions of this Act, a landlord of any controlled premises may, upon payment of the prescribed fee, apply in writing to the Board for the recovery of the possession thereof if —(a) | the controlled premises are situated in a designated development area; and | (b) | the landlord intends to effect or cause to be effected development under this Act in relation to the controlled premises or any part thereof. |
(2) Every application made under subsection (1) shall be supported by —(a) | evidence that funds are or will be available for the purpose of putting into effect such development; | (b) | evidence that the landlord has obtained written approval for a plan of development; | (c) | an undertaking in writing that work for the purpose of putting into effect such development will commence within 6 months of the date when possession of the controlled premises has been obtained or such further period as the Board may determine in any particular case; and | (d) | an undertaking in writing that the landlord will deposit with the Board, within 14 days of the date that he is notified by the Board that his application has been granted, such amount of compensation as the Board in accordance with the provisions of this Act determines to be a fair and reasonable compensation to the tenant for any damage or loss which would be sustained or any reasonable expenses which would be incurred by the tenant as a result of the recovery of the controlled premises. |
|
(3) The Board, after considering the application made under subsection (1) and upon being satisfied as to the matters referred to in subsection (2), may grant the application and make an order accordingly for the landlord to recover possession of the controlled premises. |
(4) The Board may make an order for the landlord to recover possession of the controlled premises under this section (and the provisions of this Act including the provisions with regard to development shall then apply to the premises) notwithstanding the fact that a question of law concerning the landlord’s liability to pay or a person’s right to receive compensation has arisen on the application or in the course of the proceedings before the Board, and has been transmitted to the High Court for determination under section 17 or 18. |
(5) Where a question of law, as described in subsection (4), is to be determined by the High Court, the Board may call upon the landlord to deposit such amount of money as the Board may decide is necessary to meet any award of compensation that might be made by the Board consequent upon the High Court’s determination of the question of law. |
(6) In the event of the High Court deciding the question of law in the landlord’s favour, the Board shall thereupon return the deposit to the landlord. |
(7) Where the Board makes an order for the recovery of possession of any controlled premises, the following provisions shall apply:(a) | the landlord shall, within 14 days of the making of the order, deposit with the Board the amount of compensation awarded in accordance with sections 8 and 11 and if he fails to deposit that amount the order shall, unless the Board otherwise determines, be deemed to be revoked and of no legal effect; and | (b) | every tenant, sub-tenant and any person using or occupying the controlled premises shall vacate the controlled premises in question within 90 days of the making of the order or within such further period as the Board in any particular case may allow; and on vacating those controlled premises, or any part thereof, the tenant may remove any building or structure erected by him on those controlled premises. [14/72] |
|
(8) Upon vacating those controlled premises, the compensation awarded under sections 8 and 11 and deposited under this section shall be paid by the Board to each of the persons entitled to compensation or any apportionment thereof under this Act. [14/72] |
(9) Where a tenant fails to vacate those controlled premises within the period of 90 days of the making of the order, or within such further period as the Board has allowed, the Board may, without further order, take such measures (including the calling for the assistance of the police) as are necessary to have the tenant evicted from the controlled premises. |
(10) The premises vacated under this section shall not be used by the landlord for any purpose other than effecting development in accordance with the plan approved for that purpose and until such development is commenced the premises shall not be sold, leased, or otherwise disposed of, without the consent in writing of the Board. |
(11) Any tenant who without just cause fails to vacate the controlled premises in contravention of an order made under this section and any landlord who in contravention of subsection (10) uses any premises, the possession of which is recovered under this section, otherwise than for the purpose of effecting development in accordance with a plan approved for that purpose, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both and shall also be liable to a further fine of $100 for every day during which the contravention continues after conviction. |
|