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Restriction on premiums.
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13.—(1) A person shall not, as a condition of the grant, renewal, or continuance of a tenancy or sub-tenancy of any dwelling-house to which this Act applies, require the payment of any fine, premium, or other like sum, or the giving of any pecuniary consideration, in addition to the rent, and, where any such payment or consideration has been made or given in respect of any such dwelling-house under an agreement made after the twenty-fifth day of March nineteen hundred and twenty, the amount or value thereof shall be recoverable by the person by whom it was made or given:
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Provided that if any person who shall recover any sum made recoverable by this sub-section shall have 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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(2) A person requiring any payment or the giving of any consideration in contravention of this section shall be liable on summary conviction 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 same was made or given, but such order shall be in lieu of any other method of recovery prescribed by this Act.
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(3) 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 liable on summary conviction to a fine not exceeding twenty pounds, one half of such fine to be paid to the complainant: Provided that no proceedings under this sub-section shall be taken against any person who has already instituted any proceedings under sub-section one or two of this section, or who has supplied any information for the purpose of the institution of any proceedings under sub-section two of this section.
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(4) Any grant, renewal, or continuance of a tenancy as a condition of which any such payment or consideration as aforesaid has been made or given 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, to retain possession by virtue of the provisions of this Act after any such option has been exercised.
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(5) This section shall not apply to the grant, renewal or continuance for a term of fourteen years or upwards of any tenancy, or to the grant, renewal or continuance for a term of five years or upwards of any tenancy where the rent per annum with the addition of a sum equal to the net annual value, (calculated on the basis of the six per cent. tables,) equivalent to the amount of such payment or consideration does not exceed the standard rent by more than the amount permitted by this Act.
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