Printed papers on the political situation and military policy in Egypt [‎70r] (139/176)

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493. In the Mixed Courts of First Instance the eight European vacancies
alluded to in my last report and the further vacancy occasioned this year by
M. Nyholm’s departure have all been filled with the exception of two.
494. In view of the great increase of business which-has taken place in the last
year or two in the Native Court of Appeal, both on the civil and on the criminal
'side, it was decided, during the year under review, to create three additional posts
in that court, all of which were filled by the appointment of Egyptians. The total
strength of the Native Appeal Court is now thirty-two judges, of whom ten are
non-Egyptian.
80. Legislation.
495. In reviewing the legislation promulgated under the auspices of the
Ministry of Justice during the past year, certain enactments, considering their
general importance to the community, call for somewhat detailed observations.
496. In the first place, Law No. 4 (Limitation of Rents) may be noted. Ihis
measure, which was promulgated on the 21st February, in addition to renewing the
provision of the previous Rent Law (No. 11 of 1920) also introduced certain amend
ments to the original measure which had the effect of extending the principle of
limitation of rents to premises let for any purpose other than that of habitation.
As stated in last year's report, this law is based on the findings and recommendations
of the Rent Commission set up by a decision of the Council of Ministers on the
28th September, 1920. However, as a result of detailed consideration by the
Consultative Committee of Legislation of the preliminary draft prepared by this
commission, the law as promulgated modifies in cefain respects the recommendations
put forward. While the principles of the statutory prolongation of leases and the
limitation of the maximum permissible increase of rent to 50 per cent, of the rent
payable on the 1st August, 1914, are maintained, certain modifications are effected
in the interest of landlords.
497. Besides the ordinary cases of ejectment provided for in the original law
(non-payment of rent, improper use of the premises, &c.), the present law lays down
three new sets of conditions in which the landlord can give his tenant notice to quit:
(1) When the landlord himself wishes to occupy the dwelling-house or has need of it
for occupation by his near relations (father, mother, son or daughter); (2) when the
landlord finds it necessary to sell the premises and the purchaser himself intends to
occupy the dwelling-house; (3) when the landlord wishes to carry out extensive
alterations in the premises, or to demolish them with a view to reconstruction.
498. If the landlord or the purchaser does not enter into occupation of the
dwelling-house within one month of the tenant’s departure, and does not continue in
occupation for at least a year, or if the building operations are not completed within
the period laid down in the judgment, the tenant has the right to resume possession
of the dwelling-house without prejudice to any claim for damages to which he is
entitled.
499. The original law provided for two exceptional cases, in which the lessor
might be authorised to collect a rent higher than the legal minimum. Law No. 4
introduces a third exception where, owing to the existence of a lease of not less than
six years duration, the rent payable on the 1st August, 1914, was less than the
average rent of similar dwelling-houses.
500. Similar restrictive provisions, with certain exceptions, apply to furnished
dwellings, of which the rent must not, in any case, exceed more than 100 per cent., the
legal maximum of rent payable for the same premises if unfurnished. In regard to
premises left for purposes other than habitation the same rules are applicable,
provided the rent of such premises on the 1st August, 1914, did not exceed £E. 72
per annum.
501. The practice of assignment and total sub-letting of premises by the tenant
having in many cases given rise to abuse, the legislator has sought to protect the
interests of the landlord by a provision that the tenant who wishes to assign or
sublet, must duly notify his landlord, who may appeal to the court for relief. The
law does not apply to the relations between the proprietors of hotels and pensions
and their clients, nor as long as the principal tenant continues to occupy himself a
part of the dwelling, nor to the partial sub-letting of an unfurnished
dwelling. Further, partial sub-lettings of premises let for purposes other
than habitation do not come within the terms of the law. The exemption in favour
of partial sub-lettings has for its object their encouragement, w ith a view to relieving
the dearth of dwellings and business premises.
502. Originally it was not anticipated that the law would remain in force after