Rent payable

9.

1. (1) The rent payable in relation to a premises shall be,
   • (a) in case of new tenancies entered into or after the commencement of this Act, the rent agreed to between the landlord and the tenant at the commencement of the tenancy;
   • (b) in case of tenancies entered into before the commencement of this Act,
     • (i) as agreed to between the landlord and the tenant at the commencement of the tenancy; or
     • (ii) where there is no such agreement, as determined by the Rent Controlling Authority after taking into account the location, condition of the premises and where there are similar or nearly similar premises in the location having regard to the prevailing rent in respect of such premises.
2. (2) Where the tenant is unable to pay the enhanced rent in existing premises and offers to occupy smaller premises within the same building and the landlord is agreeable to the same, the rent of new premises shall be fixed as per clause
   • (a) of sub-section (1).