27 Rent in excess of market rent irrecoverable

(1)

Where the Tribunal makes an order under section 25, the landlord shall not, in respect of any period during which the order is in force, require the payment of any sum by way of rent in excess of the amount specified by the Tribunal in the order.

(2)

Requiring the payment of any amount by way of rent in contravention of subsection (1) is hereby declared to be an unlawful act.

(3)

No amount by way of rent in excess of the amount so specified in any such order shall be payable or recoverable in respect of any period during which the order is in force.

(4)

Where the Tribunal is satisfied that the landlord of any residential premises has received any amount by way of rent that, by virtue of subsection (3), was not lawfully payable, it shall order that the whole of that amount be refunded by the landlord to the tenant, except to the extent (if any) that the Tribunal considers, having regard to the special circumstances of the case, it would be unjust to require such a refund in full.

(5)

Where the Tribunal makes an order under subsection (4) for the refund of any amount to the tenant of any residential premises, the tenant shall be entitled, in addition to any other remedy that the tenant may have, to deduct the whole or any part of the amount to be refunded from any sum that may become payable by the tenant to the landlord under the tenancy agreement at any time within 1 year after the date of the order.

Compare: 1955 No 50 s 23; 1973 No 26 ss 10, 11; Residential Tenancies Act 1978–1981 s 36(6) (SA)