Section 11: Jurisdiction and powers of Tribunal

11. Jurisdiction and powers of Tribunal (1) The Tribunal shall, notwithstanding any other enactment, have exclusive jurisdiction, on an application made to it by a landlord or a tenant— (a) to 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 14, to review, maintain, vary or set aside any determination made under paragraph (a); and (c) subject to section 4, to 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 Tribunal may, for the purposes of making a determination under subsection (1), hold that any expenditure referred to in section 9 (2) or (9) was incurred unnecessarily. (3) The Tribunal 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. (4) Notwithstanding the lodging of an application before the Tribunal, the tenant shall pay the rent claimed by the landlord. L6 – 7 [Issue 1] Landlord and Tenant Act (5) The Tribunal 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. [S. 11 amended by s. 6 of Act 5 of 2005 w.e.f. 30 May 2005.]