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Restrictions on premiums.
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42.—(1) A person shall not, as a condition of the grant, renewal, or continuance of a tenancy or subtenancy of any controlled dwelling, require the payment of any fine, premium, or other like sum, or the giving of any valuable consideration, in addition to the rent, and, where any such payment or consideration is made or given in respect of any such dwelling, the amount or value thereof may be recovered within, but not later than, six years after the date on which it was made or given.
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(2) If any person who recovers any sum made recoverable by this section has assigned or otherwise disposed of his interest in the tenancy for valuable consideration, the sum recovered by him shall be held by him in trust for such person as shall seem to the Court to be equitably entitled thereto.
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(3) A person requiring any payment or other consideration in contravention of this section shall be guilty of an offence and shall, on summary conviction thereof, be liable to a fine not exceeding one hundred pounds, and the Court by which he is convicted may order the amount paid or the value of the consideration to be repaid to the person by whom the payment or other consideration was made or given.
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(4) (a) Any person making or offering to make any payment or giving or offering to give any consideration the requiring of which would be in contravention of this section, or advertising or publishing any such offer, shall be guilty of an offence and shall, on summary conviction thereof, be liable to a fine not exceeding twenty pounds.
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(b) No proceedings under this subsection shall be taken against any person who has instituted proceedings under subsection (1) of this section, or who has supplied any information for the purpose of the institution of any proceedings under subsection (3) of this section.
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(5) Any grant, renewal, or continuance of a tenancy as a condition of which any payment or consideration has been made or given in contravention of this section shall, without prejudice to the operation of this section, be voidable at the option of either party thereto, without prejudice to the right of the tenant, if he has entered into possession of the dwelling comprised therein, to retain possession thereof by virtue of the provisions of this Act after any such option has been exercised.
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(6) This section shall not apply to the grant, renewal or continuance for a term of fourteen years or upwards of any tenancy.
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