Malaysia legislation
Section 13
Section 13
(a)
to hear and determine any application for the purpose of determining the fair rent of any controlled premises where the fair rent determined by a Rent Officer under this Act is not accepted by either the landlord or the tenant;
(b)
to hear and determine any application made under section 21 for the purpose of apportioning and determining the fair rent of any controlled premises or any part thereof as between the tenant and all his subtenants, where such premises or parts thereof have been sublet, or as between the landlord and each of his joint-tenants, where there is a joint-tenancy subsisting between the landlord and the occupants of the controlled premises or parts thereof, whether such joint-tenancy arises directly as a result of direct letting to such occupants or indirectly as a result of subtenancy having been treated by the landlord under section 20 (2) as joint-tenancy;
(c)
to approve, to the extent appearing to the Tribunal to be fit and proper, any application to increase the rent of any controlled premises in excess of its fair rent in accordance with section 9 (1);
(d)
from time to time, to review, vary or set aside any order made by it, as provided by section 14 or to refuse to make such order;
(e)
to make an order for the recovery of possession of any controlled premises or any part thereof for the purpose of development in accordance with section 18;
(f)
to make an order granting exemption from the requirements of section 20 (1) (b) and in so doing to impose such conditions as it may think fit.
(2)
Where the controlled premises concerned in any application or proceeding before the Tribunal are sublet by the tenant either wholly or in part, the Tribunal shall in addition to determining the fair rent in respect of the tenancy of such premises as a whole and subject to section 21 determine the fair rent of any part thereof which is separately sublet.
(3)
Every application under this section shall, if made by a landlord, be served on his tenant as respondent, and if made by a tenant, be served on his landlord as respondent, and if made by some other person interested, be served on both the landlord and tenant as respondents; and if such application is made by either the landlord or tenant asking the Tribunal to exercise its powers under subsection (1) (a), (b) and (c), such application shall not be entertained unless accompanied with a certificate of dispute signed by a Rent Officer.
(4)
Any person claiming to be interested in any proceedings before the Tribunal may apply to be made a party to such proceedings.
(5)
Before making any order, the Tribunal shall give all interested parties an opportunity of being heard and of producing such evidence, oral or documentary, as seems relevant to the Tribunal.
(7)
Until reviewed, varied or set aside under section 14 an order made by the Tribunal determining the fair rent of any controlled premises shall be binding on all present and subsequent landlords, tenants and charges.
(8)
All orders of the Tribunal shall be recorded in a book to be called a Register Orders and such Register shall be maintained by the Tribunal and shall be open to inspection on payment of a prescribed fee.
(6)
An order of the Tribunal may be proved by the production of a copy thereof signed by the Chairman.