*CONTROL OF RENT (REPEAL) ACT 1997

This Act shall come into force on 1 September 1997.

fair rent; and

recovery of possession of controlled premises, and the Act shall continue to apply to the proceedings or orders, decisions or judgments as if the Act had not been repealed.

Control of Rent (Repeal) 7

Notwithstanding subsection (1), the transitional period may cease to be in force earlier than 31 December 1999 in the Federal

Territory of Kuala Lumpur or in any State or in such part or parts of the State on such date as the Minister, after consultation with the State Authority, may appoint in relation to that State or such part or parts of that State for the expiry of the transitional period by a notification in the Gazette.

Deemed tenancy

was in actual occupation of the premises on the date of the repeal of the Act; and

could have lawfully continued to occupy the premises but for the repeal of the Act, shall be deemed to have entered into a tenancy with the landlord as from the date of the repeal of the Act.

Unless sooner terminated by mutual consent of the parties, a tenancy deemed to have been entered into under subsection (1) shall be in force until the expiry of the transitional period.

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Amount of rental

In exercising his right to vacant possession of premises under subsection (1), the landlord shall comply with the procedure laid down in subsections 11(2) and 11(3) for the recovery of vacant possession of premises.

Any dispute which may arise over the operation of subsection (1) may be referred by the tenant to the De-control

Tribunal under paragraph 10(1)(b) before the expiry of the three month period provided for in paragraph 11(3)(a).

If no dispute is referred to the De-control Tribunal under subsection (3), the landlord shall be entitled to vacant possession of the premises upon the expiry of the three month period provided for in paragraph 11(3)(a).

The recovery of vacant possession of premises under subsection (4) shall not prejudice the right of the landlord to recover any rental accrued and remaining unpaid as at the date of the expiry of the three month period provided for in paragraph 11(3)(a).

Prohibition against recovery of premises

rentals due and owing to the landlord; and

the recovery of vacant possession of premises under section 8.

For the purposes of this Part, the Rent Tribunal established under section 12 of the Act shall be the De-control Tribunal in subsection (1), and shall continue to exist and operate until the expiry of the transitional period under subsection 5(1) or 5(2), as the case may be.

A person appointed to be a member of the Rent Tribunal under section 12 of the Act shall be deemed to be a member of the De-control Tribunal and shall continue to hold office until the expiry of the transitional period unless he sooner resigns or is removed from office.

The decision of the De-control Tribunal is final.

Expiry of transitional period

have the right to vacant possession of the premises from the tenants without payment of any compensation;

and

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be entitled to any rental accrued and remaining unpaid from the tenants as at the date of the expiry of the transitional period.

A landlord who wishes to exercise his right under paragraph (1)(a) shall serve on the tenant a notice to vacate the premises.

The notice referred to in subsection (2)—

Notwithstanding subsection (1), rules made by the Ruler or the Yang di-Pertua Negeri of a State in relation to the Rent Tribunal under section 27 of the Act shall apply to the De-control Tribunal established under section 10 of this Act as they applied to the

Control of Rent (Repeal) 11

Tribunal established under section 12 of the Act, unless those rules are revoked or replaced expressly or impliedly by rules made by the Minister under subsection (1).

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