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Rent Review Ordinance [Cap 90]

Commencement: 27th August 1974

LAWS OF THE GILBERT ISLANDS
REVISED EDITION 1977

CHAPTER 90

RENT REVIEW

ARRANGEMENT OF SECTIONS

Section
1. Short title
2. Interpretation
3. Application
4. Rent to be reviewed every 5 years
5. Reference to magistrates' court
6. Rent as varied to be paid from date of review

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An Ordinance to make provision for the quinquennial review of rents and for matters connected therewith

10 of 1974
5 of 1975
8 of 1978

Short title

1. This Ordinance may be citied as the Rent Review Ordinance.

Interpretation

2. In this Ordinance-

"lease" includes a sub-lease; and

"the magistrates' court" means the magistrates' court for the relevant district composed under section 7(4) of the Magistrates' Court Ordinance.
[Cap. 52]

Application

3. (1) Subject to the other provisions of this Ordinance, this Ordinance shall apply to all leases of land whether native land or otherwise.

(2) This Ordinance shall not apply to leases of land situated in Ocean Island.

Rent to be reviewed every 5 years

4. (1) The rent reserved by a lease commencing on or after the day this Ordinance came into operation, or which commenced within the period of 5 years immediately preceding that day, shall, notwithstanding any provision in the lease to the contrary, be reviewed by agreement between the parties on the fifth anniversary of the commencement of the lease and thereafter at intervals of 5 years.

(2) The rent reserved by an existing lease which commenced before the period of 5 years immediately preceding the day this Ordinance came into operation shall, notwithstanding any provision in the lease to the contrary, be reviewed by agreement between the parties on that day and thereafter at intervals of 5 years.

(3) This section shall not apply to a lease which provides that the rent reserved thereby shall be first reviewed by agreement between the parties on or before the fifth anniversary of the commencement of the lease and thereafter at intervals of less than 5 years.

Reference to magistrates' court

5. (1) Where the rent reserved by a lease is required by this Ordinance or otherwise to be reviewed by agreement between the parties then in the absence of agreement they shall refer the matter to the magistrates' court for determination unless the lease expressly states that the matter shall be referred for determination to some other body or person.

(2) Notwithstanding subsection (1), where in any lease it is provided that in the absence of agreement between the parties on the review of the rent reserved by the lease the matter shall be referred to the administrative officer in charge of the district for determination the matter shall be so referred to the magistrates' court.

Rent as varied to be paid from the date of review

6. Where the rent reserved by a lease is required by this Ordinance or otherwise to be reviewed by agreement between the parties and the rent is in consequence varied either by agreement or after reference to the magistrates' court or other body or person the rent as varied shall be payable from the date on which the rent was so required to be reviewed unless the parties agree that it shall be payable from some other date.

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