Amendment status not verified — confirm the current text below against the official source.
Subject to the provisions of this Act and notwithstanding any mernof rent.c o n t r a c t to the contrary no landlord shall be entitled to charge month ly rent for any house at a figure higher than the average monthly rent actually paid for the same house by any tenant over the period from the month of January 1943 to the month of September 1943 inclusive, or (if it is impossible in any particular case to calculate in a manner fair to both the landlord and the tenant what such average monthly rent over the aforesaid period would be, or if the house has not been let during that period), at a figure higher than that which the Court shall, having regard to the rent of similar houses in the neighbourhood, determine to be fair and equitable. Provided that if a landlord has, after the first day of January 1943, effected any addition, improvement or alteration in a house (not being repairs within the meaning of the provisions of section 7 of this Act) at his own expense, he will be entitled to such increase over the average monthly rent as the Court may consider fair and equitable having regard to the provisions of section 5 of this Act. Fixing of fair 4.(1) The Court shall, on an application made before it in this rent. behalf by the landlord or the tenant, issue notice upon the other party -and after holding such enquiry as it thinks fit, fix the amount of the monthly rent to be paid by the tenant to his landlord for any house in accordance with the provisions of section 3 of this Act. The rent so fixed shall be binding on both the parties : Provided that if the house or any portion thereof was let during the period from the month of January, 1943, to the month of Septem ber, 1943, inclusive, the rent fixed by the Court shall not be less than the average monthly rent received by the landlord during that period. Explanation.-—For the purposes of section 3 and sub-section (1) of section 4 of this Act, where rent was charged by the landlord or actually paid by the tenant for the same house over the aforesaid period on any basis other than a monthly one, the average monthly rent for such house shall be calculated as thirty times the average rent per day of the period in respect of which the rent was charged or actually paid. (2) If any house the rent of which has been fixed by the Court under sub-section (1) of this section is let, the landlord shall be entitled to charge for each month of the tenancy— (a) where the period of the lease has not been fixed between the landlord and the tenant or does not exceed six months, the rent so fixed increased by ten per cent, thereof, (Z>) where the period of lease exceeds six but does not exceed nine months, the rent so fixed increased by five per cent, thereof, , (c) where the period of lease exceeds nine months, the rent so fixed. 3 Re-fixing of