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Right of referral of complaint in respect of compliance with section 86(1)(a)
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35. The Principal Act is amended by inserting the following sections after section 76:
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“76A. (1) This section applies where a matter has been referred to the Board for resolution (the ‘original dispute’) and pending the determination of that dispute a tenant referred to in section 86(1)(a)(i), or as the case may be, a sub-tenant referred to in section 86(1)(a)(ii), has failed to comply with section 86(1)(a).
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(2) (a) Without prejudice to the generality of section 76 or to section 78(1)(q), or the obligation referred to in section 16(a), a landlord may refer to the Board for resolution a complaint that the tenant referred to in section 86(1)(a)(i) has failed to comply with section 86(1)(a).
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(b) Without prejudice to the generality of section 76 or to section 78(1)(q), or the obligation referred to in section 16(a), a head-tenant may refer to the Board for resolution a complaint that the sub-tenant referred to in section 86(1)(a)(ii) has failed to comply with section 86(1)(a).
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(3) In this section—
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‘head-tenant’ has the meaning assigned to it by paragraph 1 of the Schedule;
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‘sub-tenant’ has the meaning assigned to it by paragraph 1 of the Schedule.
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Section 76A: supplemental provisions relating to adjudication and determination of dispute relating to complaint
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76B. (1) Where in respect of a dispute concerning a complaint under section 76A, the Board has made a communication under section 92 in relation to the dispute and has, in accordance with section 94(aa), arranged for the dispute to be the subject of adjudication—
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(a) when adjudicating, under section 97, such dispute and without prejudice to section 97, the adjudicator—
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(i) shall have regard to the original dispute referred to in section 76A, and
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(ii) may proceed to give such directions under section 117 as he or she considers appropriate for the purpose of providing relief of an interim nature in respect of the complaint,
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and
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(b) the Board shall arrange for the original dispute referred to in section 76A and the dispute concerning a complaint under section 76A to be determined concurrently.
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(2) Where in respect of a dispute concerning a complaint under section 76A, the Board has made a communication under section 92 in relation to the dispute and has, in accordance with section 94(aa), referred it to the Tribunal—
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(a) when determining such dispute, without prejudice to Chapter 6 of this Part, section 109 or any other provision of this Part, the Tribunal—
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(i) shall have regard to the original dispute referred to in section 76A, and
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(ii) may proceed to give such directions under section 117 as it considers appropriate for the purpose of providing relief of an interim nature in respect of the complaint,
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and
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(b) the Board shall arrange for the original dispute referred to in section 76A and the dispute concerning a complaint under section 76A to be determined concurrently.”.
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