Section 10: Determination of rent

10. Determination of rent (1) The Court shall, on an application made to it by a landlord or tenant on or after 1 January 2021 – (a) determine the fair rent of any premises let after 15 August 1999 or the market rent of business premises let on or before 1 July 2005; (b) subject to section 12, review, maintain, vary or set aside any determination made under paragraph (a); and (c) subject to section 4, review, maintain, vary or set aside any agreement referred to in that section in so far as it relates to any matter provided for in this Part. (2) The Court may, for the purpose of making a determination under subsection (1), hold that any expenditure referred to in section 9(2) or (9) was incurred unnecessarily. (3) The Court may, where it thinks fit – (a) apportion the fair rent of any premises among 2 or more tenants; (b) order that the rent of any premises, other than business premises, shall gradually increase over a period not exceeding 48 months from the date of its determination in order not to cause excessive hardship to the tenant. Acts 2020 621 (4) Notwithstanding the lodging of an application before the Court, the tenant shall pay the rent claimed by the landlord. (5) The Court may, on making a determination, order that any amount in excess of the fair rent paid by a tenant shall be – (a) refunded to him by the landlord; or (b) applied in satisfaction of rent payable in the future at such rate and over such period as it thinks fit.