38BAppeal against order under section 38A

38B Appeal against order under section 38A

[Section 38B Inserted by No. 11 of 2020, Sched. 2, Applied:27 Mar 2020]

(1)  An owner or tenant in relation to residential premises who is aggrieved by an order made by the Commissioner under section 38A(3) may appeal to the Court within the 7-day period after the day on which notice of the order was given under section 38A(5) .

(2)  An order made under section 38A(3) in relation to residential premises may be enforced in the same manner as an order made by a magistrate under the Magistrates Court (Civil Division) Act 1992 , if –

(a) no appeal has been made under subsection (1) by a tenant in relation to the residential premises within the 7-day period after the day on which notice of the order was given under section 38A(5) ; or

(b) where an appeal has been made under subsection (1) by a tenant in relation to the residential premises – the order has been confirmed by the Court under subsection (5)(a) .

(3)  An appeal is to be heard as a minor civil claim under the Magistrates Court (Civil Division) Act 1992 and, subject to this section, is to be instituted, heard and determined as prescribed.

(4)  An appeal is to be by way of rehearing.

(5)  On the hearing of an appeal the Court may –

(a) confirm the order of the Commissioner under section 38A(3) and direct that the order of the Commissioner is to take effect from a specified date; or

(b) set aside the order of the Commissioner.

(6)  If –

(a) an order is made under section 38A(3) in relation to residential premises; and

(b) an appeal has not been made under subsection (1) by an owner or tenant in relation to the residential premises within the 7-day period after the day on which notice of the order is given under  –