(CHAPTER 7)CONTENTS

(CHAPTER 7)CONTENTS Section 1. Short title PART I PROTECTED TENANCIES AND PERMITTED RENTS Interpretation and Application 2. Interpretation 3. Application of this Part 4. Power to exclude application of this Part 5. (Repealed) 6. Re-entry by Crown 7. Registration in Land Registry of order under section 4 7A. (Repealed) Standard Rent 8. Assessment of standard rent 9. No rent in excess of the standard rent 9A. Permitted rent not to exceed prevailing market rent 10. Permitted increases and adjustments 10A. Certificates of prevailing market rent 10AA. Increase in rent on account of rates 10B. Increase in rent following apportionment 10C. Increase in rent of sub-tenancy on account of rates 11. Rent of premises conditionally excluded 12. Rent lawfully chargeable for dependent domestic premises 13. Statement to be supplied as to standard rent 14. Postponement of permitted increase where repairs effected by tenant 15. Offences 16. Recovery of excessive payments by civil action Protected Tenancies 17. Restriction on recovery of possession and effect of retention of possession 18. Surrender, etc. of tenancy for consideration allowed under certain circumstances 19. Duties of principal tenant 19A. Provision of rent receipts 20. (Repealed) 21. Termination of principal tenancy 22. Saving as to new agreements to vacate 23. Saving for unexpired term 24. Landlord may enter and effect necessary repairs 25-27. (Repealed) 28. Commissioner may approve contracting out in certain circumstances 29. Commissioner may revise rent in certain cases 30. Commissioner may increase standard rent if unreasonably low 31. Commissioner may decrease standard rent if unreasonably high 32. Tribunal may hear appeals and, in certain cases, fix or apportion rent, etc.

33. Order for ejectment of tenant 34. Order for ejectment of principal tenant not to operate against sub- tenants 35. Order for recovery where domestic premises are required for occupation by landlord, etc.

36. Order where subletting is made without landlord's consent 37. Tenant if a party to an application under section 36 shall be bound by an order made thereunder 38. Apparent change in occupancy shifts onus of proof to tenant 39. A tenant about to absent himself from Hong Kong for certain periods may sublet under conditions 40. Power to adjourn, etc.

41-42. (Repealed) 43. Appeal to Court of Appeal 43A. Costs General 43B. Enlargement of time 44. Service of notice 44A. Exercise of powers of Commissioner 44B. Refusal to furnish information and obstruction 45. Prohibition of acts done mala fide with intent to induce a lessee to quit 46. Collection of rates not to be affected 47. Forms 48. (Repealed) PART II TENURE AND RENT OF DOMESTIC PREMISES Interpretation and Application 49. Interpretation 50. Application 50A. Block lettings 50B. Continuation of tenancies in block lettings 50C. Interpretation 51. Meaning of "domestic tenancy" 51A. Transfer of tenancy to Part IV on joint application 51B. Transfer of tenancy to Part IV on unilateral application 51C. Review of decisions under sections 51A and 51B 51D. Appeal Continuation and Termination of Tenancies 52. Continuation of tenancies 52A. Surrender by tenant 53. Termination of tenancies 53A. Restriction on order for possession for rebuilding Increases in Rent 54. (Repealed) 55. Alterations in rent by agreement 55A. Increase in rent on account of improvements 56. Increase in rent on account of rates 56A. Increase in rent following apportionment 57. Application for certificate of increase in rent 58. Certificates of increase in rent 59. Review 60. Appeal 61. Notices of increases 62. Application of certain sections to sub-tenancies 63. Increase in rent of sub-tenancy on account of rates 63A. Increase in rent of sub-tenancy on account of improvements 64. Effective date for increases 65. Provision of rent receipts 66. Obligation to notify subletting of premises 67. (Repealed) General 68. Proceedings in, and jurisdiction of, court or Tribunal 68A. Appeal on point of law 68B. Costs 69. (Repealed) 70. Exercise of powers of Commissioner 70A. Refusal to furnish information and obstruction 70B. Harassment 70C. False statement 71. Forms 72. Enlargement of time 73. (Repealed) 74. Service of notice 74A. Saving 74B. Expiry of this Part 74C. Provisions transitional to the enactment of the Landlord and Tenant (Consolidation)(Amendment) Ordinance 1980 PART III DISTRESS FOR RENT Interpretation and Application 75. Interpretation 75A. Certificate as to rateable value 76. Application of this Part Jurisdiction 77. Issuing of warrants of distress 78. Penalty for unauthorized distress 79. Limitation of time for issue of warrant 80. Fees Making of Distress 81. Application for warrant 82. Form of affidavit 83. Issue of warrant 84. Refusal of warrant 85. Appeal from refusal 86. Time for making distress 87. Property liable to seizure 88. Property not liable to seizure 89. Making of inventory on seizure 90. Filing of inventory, etc.

91. Entry, and forcible entry 92. Impounding of property seized Discharge of Warrant 93. Discharge or suspension of warrant or release of distress 94. Costs of application 95. Wrongful distress 96. Adjudication in case of wrongful distress 97. Compensation for wrongful distress 98. Power to allow time for payment of rent Sale of Distress 99. Mode of sale of distress 100. Right of debtor as to manner of sale Deserted Premises 101. Case of deserted premises, where no distress left Rules as to Distress 102. Distress for arrears of rent on determination of lease 103. Priority of landlord's right 104. Property seized under writ or warrant of High Court or the District Court 105. Distraint after satisfaction of execution 106. Persons who may apply for warrant 107. Right of one of several parties interested to institute proceedings 108. Removal of property under distraint 109. Following property liable to seizure and removed 110. Restoration of property removed but bona fide sold 111. Fraudulent removal of property by tenant 112. Protection against irregularity in proceedings General 113. Exclusion of Crown rents 114. Power to amend Schedules PART IV NEW TENANCIES OF DOMESTIC PREMISES Interpretation and Application 115. Interpretation 116. Application of this Part Continuation and Renewal of Tenancies 117. Continuation of tenancies and grant of new tenancies 118. Notices given before this Part applies 119. Termination of tenancy by the landlord 119A. Tenant's request for a new tenancy 119B. Termination by tenant of tenancy for fixed term 119C. Renewal of tenancies by agreement Application to Tribunal for new tenancy 119D. Order by Tribunal for grant of a new tenancy 119E. Opposition by landlord to application for new tenancy 119F. Additional provisions regarding opposition on ground of intention to rebuild 119FA. New tenancy of part of premises 119G. Dismissal of application for new tenancy where landlord successfully opposes 119H. Penalties 119I. Duration of new tenancy 119J. Other terms of new tenancy 119K. Rent under new tenancy 119L. Endorsement of tenancy agreement 119M. Carrying out of order for new tenancy 119N. Interim continuation of tenancies pending determination by Tribunal 119NA. Rent where new tenancy refuses etc.

119O. Short tenancies 119P. Sub-tenancies 119Q. Appeals 119R. Costs 119RA. Provision of rent receipts 119S. Proceedings 120. General provisions PART V TENANCY (NOTICE OF TERMINATION) 120A. Interpretation 121. Application 122. Minimum length of notice to determine tenancy 123. Exclusion of tenancies from this Part 124. Landlord may substitute notice 124A. Application of sections 124A, 124B and 124C 124B. Tenant may apply for notice of termination not to take effect 124C. Rent where notice of termination is ordered not to take effect 125. (Repealed) 126. Covenant to pay rent to be implied 127. Saving of rights arising out of breach of tenancy 127A. Tribunal may determine disputes 127B. Sub-tenants not to have greater security than tenants PART VI SMALL TENEMENTS RECOVERY 128. Interpretation 128A. Certificate as to rateable value 129. Summoning of tenant of premises with a rateable value not exceeding $30,000 unlawfully holding over 130. Service of originating summons 131. Issue of warrant for possession of premises 132. Recovery of land in case of illegal encroachment or inclosure with a rateable value not exceeding $30,000 132A. Amendment of sections 129 and 132 by Legislative Council 133. Stay of warrant 134. Giving of bond and proceedings thereon 135. Protection of District Court and bailiff acting under this Part 136. Recovery of bailiff's expenses PART VII MISCELLANEOUS 136A. Remission and refund of fees 137. Provisions transitional to the enactment of the Landlord and Tenant (Consolidation) (Amendment) (No. 2) Ordinance 1981 138. Effect of substitution of "prevailing market rent" for "fair market rent" 139. Provisions transitional to the enactment of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1983 140. Provisions transitional to the enactment of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1984 141. Provisions transitional to the enactment of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1985 142. Provisions transitional to the enactment of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1986 143. Provision transitional to the enactment of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1988 First Schedule. (Repealed) Second Schedule.

Third Schedule. (Repealed) Fourth Schedule.

Fifth Schedule.

To consolidate Ordinances relating to landlord and tenant, protection and determination of tenancies, and control and recovery of rent.

[23 May 1947] 1. Short title This Ordinance may be cited as the Landlord and Tenant (Consolidation) Ordinance.

PART I PROTECTED TENANCIES AND PERMITTED RENTS Interpretation and Application 2. Interpretation In this Part, unless the context otherwise requires- "agricultural land" means land which is held from the Crown on terms the effect of which is to prohibit the use thereof otherwise than as agricultural land or to prohibit the erection thereon of any building without the consent of the Crown; (Added 22 of 1953 s. 2) "Building Authority" means the Building Authority as defined in section 2 of the Buildings Ordinance (Cap. 123); (Added 22 of 1953 s. 2) "business premises" means premises which are not domestic premises; (Replaced 22 of 1953 s. 2) "Commissioner" means the Commissioner of Rating and Valuation; (Added 10 of 1975 s. 2) "dependent premises" means premises which are the subject of a separate letting and which are not self-contained in respect of ablution, privy and cooking facilities; "domestic premises" means premises the subject of a separate letting (including any bed-space, cubicle, room, floor or portion of a floor or building) which are used wholly or primarily for human habitation: (Amended 22 of 1953 s. 2) Provided that the following shall not be deemed to be domestic premises within the meaning of this definition- (a) any building or portion of a building which is used for habitation only by caretakers or watchmen not exceeding 2 in number; (b) any building or portion of a building which is used for habitation only by office attendants or their families; (c) any particular portion of an hotel or boarding-house which is let by the keeper of such hotel or boarding-house to a guest of such hotel or boarding-house; "landlord" includes any person, other than the Crown, who is from time to time entitled to receive rent in respect of any premises and in relation to a particular tenant means the person entitled to receive rent from such tenant; "lease" or "tenancy agreement" includes every agreement for the letting of any premises, whether oral or in writing; "let" includes sublet and "letting" includes subletting; "order" means an order of the Tribunal; (Replaced 76 of 1981 s. 2) "permitted rent" means the rent lawfully payable under this Part in respect of any premises; (Added 22 of 1953 s. 2) "premises" means the subject matter of any tenancy; "prevailing market rent" means the rent, exclusive of rates, at which premises the subject matter of a tenancy to which this Part applies might reasonably be expected to be let, at the date of service of a notice under section 10 (1A), on the terms of the tenancy (other than those relating to rent and duration of the tenancy) but disregarding the effect of this Part; (Added 39 of 1979 s. 2. Amended 29 of 1983 s. 46) "principal tenant" means a tenant of premises other than a Crown lessee, who has or shall sublet any part or parts thereof as a separate holding or holdings but shall not include a tenant, hereinafter referred to as a derivative landlord, who has or shall sublet the whole of such premises as one holding; "standard rent" with respect to any premises other than dependent domestic premises means- (a) if the premises were actually let unfurnished on 25 December 1941, the rate of rent which was recoverable from the sitting tenant; and (b) if the premises were not actually let on 25 December 1941, or were then let furnished, but had been let unfurnished on some previous date, the rate of rent which was recoverable from the sitting tenant on the last occasion before 25 December 1941, on which the premises were actually let unfurnished; and (c) if the premises were not let unfurnished until after 25 December 1941, then such rate of rent as may be assessed by the Commissioner under section 8 having regard to what would have constituted a standard rent for the premises if let unfurnished immediately before 1 December 1941, (Amended 76 of 1981 s. 2) and in respect of any dependent domestic premises means that proportion of the rent of the whole of the premises let to a principal tenant at the rate prescribed in paragraphs (a), (b) and (c), as the case may be, as is fairly attributable to such dependent domestic premises; (Amended 22 of 1953 s. 2) "tenancy" includes a sub-tenancy; "tenant" does not include a Crown lessee but includes a sub-tenant and- (a) a person who before 23 May 1947 had retained possession of premises by virtue of any enactment repealed by this Part -[1]- and who was on 23 May 1947 in possession of premises, to which this Part applies; (b) a person who retains possession of any premises by virtue of this Part; (c) the widow of a tenant, residing with the tenant at the time of his death, or where the tenant leaves no widow or is a woman, such member of the tenant's family so residing as aforesaid as may be decided in default of agreement by the Tribunal; (Replaced 22 of 1953 s, 2. Amended 76 of 1981 s. 2) "tenement" means any building, structure or part thereof, which is held or occupied as a distinct or separate tenancy or holding or under any licence; (Added 76 of 1981 s. 2) "Tribunal" means the Lands Tribunal established under the Lands Tribunal Ordinance (Cap. 17). (Replaced 76 of 1981 s. 2) (25 of 1947 s. 2 incorporated) 3. Application of this Part (1) This Part shall not apply to- (a) any premises- (i) in a building in respect of which an occupation permit, including a temporary occupation permit, was first issued by the Building Authority under section 21 (2) of the Buildings Ordinance (Cap. 123) after 16 August 1945; or (ii) which were completed or substantially rebuilt after 16 August 1945; (Replaced 29 of 1983 s. 2) (b) agricultural land or any building thereon, other than a building erected before 17 August 1945; (Added 22 of 1953 s. 3) (c) land let unbuilt upon save where such land has been let with, and for the better enjoyment of, any building, or save where a building to which this Part applies has subsequently been erected thereon; (Added 22 of 1953 s. 3) (d) (Repealed 29 of 1983 s. 2) (e) (Repealed 40 of 1984 s. 2) (f) any particular portion of an hotel or boarding-house which is let furnished by the keeper of such hotel or boarding-house to a guest of such hotel or boarding-house; (g) any premises for the time being vested in or in the custody of the Custodian of Property or the Custodian of Enemy Property; (h) any lease or tenancy held directly from the Crown; (Amended 13 of 1948 s. 3; 40 of 1984 s. 2) (i) any premises which are, or since 4 May 1979 have been, business premises. (Replaced 40 of 1984 s. 2) (2) In the event of any doubt or dispute as to whether any premises are excepted from the application of this Part by any of the provisions of subsection (1), the same may be determined by the Commissioner on the application of a landlord or tenant. (Amended 76 of 1981 s. 3) (3) Where immediately before 23 May 1947, a tenant of premises to which this Part does not apply was entitled to protection against eviction by reason of an enactment repealed by this Part -[2]-, he shall be deemed to be holding at the rent payable immediately before 23 May 1947, and shall be entitled to such notice to quit as would have been required under the original contract of tenancy or if such notice had already been given and had expired at or before 23 May 1947 then to 1 month's notice. (25 of 1947 s. 3 incorporated) -[1]- See s. 38 of the Landlord and Tenant Ordinance 1947 (25 of 1947).

-[2]- See s. 38 of the Landlord and Tenant Ordinance 1947 (25 of 1947).

4. Power to exclude application of this Part (1) The Governor may, in his absolute discretion and without the necessity of healing any interested party, by order exclude from the further application of this Part any class of premises. (Replaced 40 of 1968 s. 3.

Amended 72 of 1973 s. 2) (2) The Tribunal may, in accordance with this section, make an order excluding any particular premises from the further application of this Part. (Replaced 76 of 1981 s. 4) (3) Every order made under subsection (1) shall be published in the Gazette whereupon the tenant of any such premises shall be deemed to be holding at the rent payable immediately before the publication of such order and shall be entitled to such notice to quit as would have been required under the original contract of tenancy, or, if such notice has already been given and has expired, then to 1 month's notice expiring at the end of the calendar month next after the month in which such order was published: (Amended 76 of 1981 s. 4) Provided that in the event of any notice having been given prior to such order being published nothing herein contained shall entitle a landlord to recover possession prior to the expiration of such notice. (Added 40 of 1968 s. 3) (3A) Upon the making of an order under subsection (2) the tenant of any such premises shall be deemed to be holding at the rent payable immediately before the making of the order and shall be entitled to such notice to quit as would have been required under the original contract of tenancy or, if such notice has already been given and has expired, then to 1 month's notice expiring at the end of the calendar month next after the month in which such order was made: Provided that in the event of any notice having been given prior to such order being made nothing herein contained shall entitle a landlord to recover possession prior to the expiration of such notice. (Added 29 of 1983 s. 3) (4) Any landlord or tenant desiring to obtain an order of the Tribunal under subsection (2) shall serve notice thereof on his immediate tenant or landlord as the case may be in the prescribed form and shall also post such notice in a conspicuous place at the entrance to the premises to which the application relates. Such service and posting shall be verified by affidavit in the prescribed form which shall be lodged in the registry of the Tribunal. (Amended 30 of 1955 s. 5; 56 of 1961 s. 2; 40 of 1968 s.

3; 76 of 1981 s. 4) (5) Any party other than the person served under subsection (4) who opposes the application shall within 14 days of such notice having been posted as aforesaid give notice in writing to the registrar of the Tribunal in the prescribed form stating his interest in the matter and whether he wishes to make written representations to the Tribunal or whether he wishes to appear by himself or by his advocate on the hearing of the application. (Amended 76 of 1981 s. 4) (6) (Repealed 76 of 1981 s. 4) (7) (a) After hearing the parties and considering such representations as it thinks fit, the Tribunal may make an order in terms of subsection (2), either absolutely or subject to such conditions as it thins fit (including a condition requiring payment of compensation by the landlord to any tenant). (Replaced 76 of 1981 s. 4) (b) For the purposes of any review under section 11A of the Lands Tribunal Ordinance (Cap. 17), the time limit mentioned in that section shall not apply to a decision, other than in relation to the payment of compensation, under paragraph (a). (Added 29 of 1983 s. 3) (8) (a) Notwithstanding the provisions of section 15, a landlord who has made an application under this section may enter into an agreement with any tenant who in accordance with the provisions of subsection (5) opposes the landlord's application whereby the tenant agrees to withdraw his opposition to such application subject to such terms as may be agreed between the landlord and the tenant: Provided that- (i) no such agreement shall contain any term whereby the tenant agrees to quit his premises before an order excluding the said premises from the further application of this Part has been made; (ii) if no order excluding the said premises from the further application of this Part is made, the agreement shall be null and void; (iii) if an order excluding the said premises from the further application of this Part is made, the agreement shall be enforceable only in so far as it is consistent with such order.

(b) In the event of the Tribunal ordering that the premises to which the application relates shall be excluded from the further application of this Part, the Tribunal shall make such order subject to the terms agreed between the parties together with such other conditions, if any, as it may think fit to impose in accordance with subsection (7). (Added 30 of 1955 s. 5. Amended 40 of 1968 s. 3; 76 of 1981 s. 4) (9)-(13) (Repealed 76 of 1981 s. 4) (14) Where any class of premises has been excluded from the further application of this Part by an order made under subsection (1), the Tribunal shall have jurisdiction to determine whether any particular premises fall within such class. (Amended 76 of 1981 s. 4; 29 of 1983 s.

3) (25 of 1947 s. 32 incorporated. Amended 23 of 1963 s. 3; 40 of 1968 s. 3) 5. (Repealed 76 of 1981 s. 5) 6. Re-entry by Crown (1) Where- (a) there is a breach of any condition of an order made under section 4 in respect of premises on land which the landlord holds under a Crown lease or other tenancy from the Crown; or (b) prior to the making of an order under section 4 in respect of any such premises there has been made an assignment or underlease of, or an agreement to assign or underlet, an undivided share of or in the land together with the right to the exclusive possession, use, occupation or enjoyment of any portion of any building to be erected thereon pursuant to such order, (Amended 76 of 1981 s. 6) such breach, or assignment or underlease, or agreement to assign or underlet shall be deemed to be a breach of a covenant in the Crown lease, or of a condition or stipulation of the tenancy of such land, and a right of re-entry thereon under the Crown Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126) shall be deemed to have accrued to the Crown.

(2) Where a right of re-entry is deemed under subsection (1) to have accrued to the Crown and in exercise of such right the Crown has re- entered upon the land, any person who has taken an assignment or underlease, or has entered into an agreement to take an assignment or underlease, of an undivided share of or in the land together with the right to exclusive possession, use, occupation or enjoyment of any portion of any building to be erected thereon shall, in addition to any other claim he may have, be entitled to recover from the person to whom it was paid any money or other property which passed, whether by way of consideration or otherwise, under or by virtue of such assignment, underlease or agreement.

(3) Subsection (1) (b) shall not apply to an assignment or underlease of, or an agreement to assign or underlet, an undivided share of or in land where the consideration or part of the consideration therefor is the erection of the building to be erected on the land pursuant to an order made under section. (Replaced 46 of 1975 s. 2) 7. Registration in Land Registry of order under section 4 (1) The Commissioner shall cause an order made under section 4 to be registered by memorial in the Land Registry against the premises affected.

(Replaced 76 of 1981 s. 7. Amended 8 of 1993 s. 2) (2) Where premises are excluded from the further application of this Part by order under section 4, and it is a condition of the order that a building or buildings shall be erected upon the site of such premises in accordance with the terms of such order, then upon the order being registered by virtue of subsection (1), such condition shall be binding on any executor, administrator, successor or assign of the landlord of the premises and may be enforced against any such executor, administrator, successor or assign by re-entry or otherwise, in like manner as it could have been enforced against the landlord.

(Added 30 of 1955 s. 7. Amended 72 of 1973 s. 2) 7A. (Repealed 40 of 1984 s. 3) Standard Rent 8. Assessment of standard rent (1) The landlord or tenant of any premises to which this Part applies may apply to the Commissioner in the specified form for his assessment of the standard rent of such premises. (Replaced 93 of 1975 s. 2) (2) (Repealed 93 of 1975 s. 2) (3) A certificate given pursuant to the provisions of this section by the Commissioner of his assessment of the standard rent of premises described therein shall be prima facie evidence of such standard rent in any legal proceedings whatsoever, whether civil or criminal. (Amended 93 of 1975 s.

2) (Added 22 of 1953 s. 5) 9. No rent in excess of the standard rent Save as in this Part provided no rent shall be recoverable in respect of any premises to which this Part applies in excess of the standard rent thereof notwithstanding any agreement to the contrary whensoever made and whether oral or in writing. (25 of 1947 s. 4 incorporated) 9A. Permitted rent not to exceed prevailing market rent The permitted rent of any premises to which this Part applies shall not exceed their prevailing market rent or, where the rates in respect of the premises are payable by the landlord, the aggregate of the following amounts- (a) the prevailing market rent of the premises; and (b) the amount of the rates payable in respect of the premises.

(Added 39 of 1979 s. 5. Amended 29 of 1983 s. 46) 10. Permitted increases and adjustments (1) There shall be payable and recoverable by way of rent of premises to which this Part applies an amount equivalent to 48 times the standard rent of the premises. (Replaced 40 of 1984 s. 4. Amended 32 of 1985 s. 2; 37 of 1986 s. 2; L.N. 202 of 1987; 77 of 1988 s. 2; L.N. 235 of 1989; L.N. 237 of 1990) (1A) Where the rent of any premises is less than the permitted rent, the landlord may, subject to subsections (1B) and (1C), increase the rent by serving on the tenant a notice in the specified form, specifying the new rent and the date from which it is to take effect. (Added 93 of 1975 s. 3) (1B) Any increase in rent under subsection (1C) shall take effect not earlier than the first day when rent becomes due after the expiration of one month from the service of the notice. (Added 93 of 1975 s. 3) (1C) Where a landlord serves a notice on the tenant under subsection (1A) he shall, at the same time, send a copy of the notice to the Commissioner.

(Added 93 of 1975 s. 3. Amended 39 of 1976 s. 6) (2) Where as part of the tenancy agreement furniture is provided for the use of the tenant the landlord shall be entitled to make such a charge for the use of such furniture (whether expressed by way of rent or otherwise), as, having regard to the value of the same to the tenant, is reasonable: Provided that no such charge shall be recoverable until the landlord has specified by notice in writing to the tenant the consideration (whether by way of rent or otherwise) which he attributes to such furniture.

(3) Where the landlord of any premises incurs expenditure of $5,000 or more on improvements to such premises, the landlord may increase the rent payable in respect of those premises by 20% per annum of the amount expended on the improvements. (Replaced 76 of 1981 s. 9) (3AA) Where rent is increased under subsection (3), the increase shall not take effect except in pursuance of a notice of increase in the specified form served by the landlord on the tenant, specifying the increase and the date from which it is to take effect. (Added 76 of 1981 s. 9) (3AB) The date specified in a notice of increase under subsection (3AA) shall be not earlier than the first day when rent becomes due after the expiry of one month from the service of the notice. (Added 76 of 1981 s.

9) (3AC) Where the landlord of any premises incurs expenditure of $ 5,000 or more on improvements to such premises and those premises comprise 2 or more tenements then the amount expended shall be apportioned between the tenements and the rent payable in respect of any tenement may be increased in accordance with this section by reference to the part of the expenditure apportioned to it. (Added 76 of 1981 s. 9) (3A) In determining the amount of expenditure incurred on improvements, expenditure incurred in the 6 months immediately prior to the date of service of the notice of increase under subsection (3AA) may be aggregated. (Replaced 76 of 1981 s.

9) (3B) No account shall be taken of- (a) expenditure incurred prior to the commencement of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1976 (56 of 1976); (b) expenditure in respect of which an increase in rent has previously been made under this section, (Added 56 of 1976 s. 2) (3BA) Where a landlord serves on a tenant a notice of increase under subsection (3AA), the landlord shall send a copy of that notice to the Commissioner. (Added 76 of 1981 s. 9) (3BB) A tenant on whom a notice of increase in rent is served under subsection (3AA) may, not later than one month after the service of the notice, apply to the Tribunal for an order cancelling or reducing the increase on the ground- (a) that the improvement was unnecessary: Provided that where the premises the subject of the improvement comprise 3 or more tenements and more than two-thirds of the tenants of those premises (other than subtenants) have consented in writing to the improvement, the improvement shall be deemed to be necessary; (b) that a greater amount was expended on the improvement than was reasonable; or (c) where the increase follows an apportionment under subsection (3AC), that the apportionment was unreasonable, and the Tribunal may make an order accordingly. (Added 76 of 1981 s. 9) (4) If the Commissioner is satisfied on the application of a landlord or tenant of premises other than dependent domestic premises that the services and facilities which the landlord is liable to provide under the tenancy agreement differ from those which the landlord was liable to provide under the tenancy agreement by reference to which the standard rent was ascertained, the Commissioner may adjust the standard rent accordingly and upon such adjustment the rent substituted by the Commissioner shall be and become the standard rent for the purposes of this Part but without prejudice to further adjustment under this subsection or under other provisions of this Part. (Amended 76 of 1981 s.

9) (5) Nothing in this Part shall be taken to authorize any increase of rent in respect of a period prior to 23 May 1947.

(6) If any notice served for the purposes of subsection (1) contains any statement or representation which is false or misleading in any material respect, the landlord shall be liable on summary conviction to a fine of $ 1,000 unless he proves that the statement was made innocently and without intent to deceive.

(7) Where the notice of an increase of rent which at the time was valid has been served on any tenant, the increase may be continued without service of any fresh notice on any subsequent tenant.

(8) The Legislative Council may by resolution amend subsection (1) by substituting, for the figure specified therein, such figure as may be specified in the resolution. (Added 39 of 1979 s. 6. Amended 40 of 1984 s.

4) (9) In this section- "improvement" includes structural alteration, extension or addition and the provision of additional fixtures and fittings, but does not include anything done by way of decoration or repair. (Added 76 of 1981 s. 9) (25 of 1947 s. 6 incorporated) 10A. Certificates of prevailing market rent (1) Where a landlord serves a tenant with a notice of increase of rent under section 10 (1A) the tenant may, within 14 days of being so served, apply for a certificate under subsection (5) by sending an application in the specified form in duplicate to the Commissioner.

(2) On receipt of an application under subsection (1) the Commissioner shall serve a copy there of on the landlord.

(3) Within 14 days of service on him under subsection (2) of a copy of the tenant's application, the landlord may send his representations thereon to the Commissioner.

(4) Where the Commissioner receives representations from a landlord under subsection (3) which indicate that the landlord disputes any fact set out in the tenant's application, he shall determine the facts in dispute and then deal with the application in accordance with subsection (5).

(5) Where a tenant makes an application under subsection (1), the Commissioner shall, if satisfied that the increased rent specified in the landlord's notice under section 10 (1A)- (a) does not exceed the prevailing market rent of the premises aggregated, where the rates in respect of the premises are payable by the landlord, with the amount of the rates, issue free of charge and serve on the landlord and tenant certificates in the specified form to that effect; (b) exceeds the prevailing market rent of the premises aggregated, where the rates in respect of the premises are payable by the landlord, with the amount of the rates, issue free of charge and serve on the landlord and tenant certificates in the specified form stating- (i) the prevailing market rent of the premises; and (ii) where the rates in respect of the premises are payable by the landlord, the amount of the rates, and may endorse on the certificates such matters as he thinks proper relating to such application, which, in the case of a dispute as to facts shall include the Commissioner's determination thereof under subsection (4). (Amended 29 of 1983 s. 46) (6) A certificate issued under subsection (5) shall in any proceedings be prima facie evidence of the facts set out therein.

(7) (Repealed 40 of 1984 s. 5) (8) Nothing in this section shall prejudice any right which a landlord, tenant or sub-tenant may have to make an application under section 32 to the Tribunal. (Amended 76 of 1981 s. 10) (9) In this section- "landlord" does not include a principal tenant; and "tenant" does not include a sub-tenant.

(Added 39 of 1979 s. 8) 10AA. Increase in rent on account of rates (1) Where- (a) a landlord bears the rates in respect of any premises and after 31 March 1975 there is an increase in the amount of the rates payable; or (b) rates are imposed after 31 March 1975 in respect of any premises and the landlord bears those rates, the landlord may, subject to subsection (2), increase the amount of rent payable by the tenant of those premises by the amount of the increase in rates or by the amount of the rates imposed, as the case may be.

(1A) For the purposes of subsection (1) (b), rates shall be deemed not to be imposed where rates become payable by reason only that the premises cease to be exempt from assessment to or payment of rates under section 36 of the Rating Ordinance (Cap. 116). (Added 29 of 1983 s. 4) (2) Where the amount of rent is increased under this section the increase shall not take effect except in pursuance of a notice of increase in the specified form served by the landlord on the tenant, specifying the increase and the date from which it is to take effect.

(3) The date specified in a notice of increase under subsection (2) shall not be earlier than- (a) the date from which the increased rates or the rates imposed, as the case may be, are payable; or (b) 24 months prior to the date of service of the notice, whichever is the later. (Replaced 29 of 1983 s. 4) (Added 10 of 1975 s. 4. Amended 39 of 1979 s. 7) 10B. Increase in rent following apportionment (1) Where section 10AA (1) applies in respect of any premises and the premises form part of a tenement or consist of, or form part of, more than one tenement, the landlord may apply to the Commissioner in the specified form for a certificate under subsection (2).

(2) On receipt of an application under subsection (1), the Commissioner shall make such apportionment or aggregation of the rates as he considers necessary to determine the amount of rates attributable to the premises and shall serve on the landlord and on the tenant certificates in the specified form stating the amount by which the rent may be increased.

(3) Where the Commissioner has served a certificate under subsection (2), the rent of the tenancy may be increased, in accordance with section 10AA, by the amount shown in the certificate.

(4) In this section, "tenement" shall have the meaning assigned to it by section 2 of the Rating Ordinance (Cap. 116).

(Added 10 of 1975 s. 4. Amended 39 of 1979 s. 9) 10C. Increase in rent of sub-tenancy on account of rates (1) Where- (a) a principal tenant bears the rates in respect of any premises the subject of a sub-tenancy and after 31 March 1975 there is an increase in the amount of rates payable; (b) rates are imposed after 31 March 1975 in respect of any premises the subject of a sub-tenancy and the principal tenant bears those rates; or (c) the rent of a tenancy has been increased under section 10AA or 10B and a sub-tenancy has been created out of that tenancy. (Amended 39 of 1979 s.

10) the principal tenant may, subject to subsection (5), increase the amount of the rent payable by the sub-tenant by the amount of the increase in the rates or by the amount of the rates imposed, as the case may be, attributable to the premises the subject of the sub-tenancy.

(1A) For the purposes of subsection (1) (b), rates shall be deemed not to be imposed where rates become payable by reason only that the premises cease to be exempt from assessment to or payment of rates under section 36 of the Rating Ordinance (Cap. 116). (Added 29 of 1983 s. 5) (2) Where subsection (1) applies in respect of any premises, a principal tenant may apply to the Commissioner in the specified form for a certificate under subsection (3).

(3) On receipt of an application under subsection (2) the Commissioner shall make such apportionment or aggregation of the rates as he considers necessary to determine the amount of rates attributable to the premises the subject of the sub-tenancy and shall serve on the principal tenant and on the sub-tenant certificates in the specified form stating the amount by which the rent of the sub-tenancy may be increased.

(4) Where the Commissioner has served a certificate under subsection (3), the rent of the sub-tenancy may, subject to subsection (5), be increased by the amount shown in the certificate.

(5) Where the amount of rent of a sub-tenancy is increased under this section, the increase shall not take effect except in pursuance of a notice of increase in the specified form served by the principal tenant on the sub-tenant specifying the amount of the increase and the date from which it is to take effect.

(6) The date specified in a notice of increase under subsection (5) shall be not earlier than- (a) the date from which the increased rates or the rates imposed, as the case may be, are payable; or (Replaced 29 of 1983 s. 5) (b) the date on which the increase in rent of the principal tenancy on account of rates became payable; or (c) 24 months prior to the date of service of the notice of increase on the sub-tenant, whichever is the later. (Amended 29 of 1983 s. 5) (Added 10 of 1975 s. 4) 11. Rent of premises conditionally excluded Where premises are excluded from the further application of this Part by order under section 4, and it is a condition of the order that a building or buildings shall be erected upon the site of such premises in accordance with the terms of such order, then until the Building Authority has certified that such condition has been fulfilled the provisions of this Part in regard to permitted rent shall continue to apply to such premises notwithstanding such exclusion, and it shall be unlawful to demand or receive in respect of such premises or any part thereof any rent in excess of the permitted rent of the premises or such part, and any person who demands or receives any rent in contravention of this section shall be guilty of an offence and shall be liable on summary conviction to a fine of $ 10,000.

(Added 30 of 1955 s. 7) 12. Rent lawfully chargeable for dependent domestic premises The rent lawfully chargeable by a principal tenant in respect of any dependent domestic premises shall not exceed a sum of money equal to the aggregate of the following sums- (a) the standard rent of the premises calculated in accordance with the definition of "standard rent" in section 2; and (b) a sum equal to 30% of that standard rent; and (c) any increase of that standard rent authorized by or under this Part or any Ordinance; and (d) any increase in rent under section 10C. (Added 10 of 1975 s. 5) (Added 22 of 1953 s. 7) 13. Statement to be supplied as to standard rent A landlord of any premises to which this Part applies shall, on being so requested in writing by the tenant of such premises or by the superior landlord of such landlord, supply the tenant or the superior landlord, as the case may be, with a statement in writing of the standard rent of such premises, and, if without reasonable excuse, he fails within 14 days so to do, or supplies a statement which is false in any material particular, he shall be liable on summary conviction to a fine of $ 1,000. (25 of 1947 s. 21 incorporated) 14. Postponement of permitted increase where repairs effected by tenant If the tenant of any premises has since 16 August 1945, with the consent of the landlord of such premises, effected repairs thereto which were necessary to render the said premises reasonably habitable and the sum expended by such tenant has amounted to the equivalent of not less than the standard rent of such premises for a period of 6 months, that portion of the rent permitted under section 10 (1) which exceeds the standard rent shall not commence to accrue or become payable or recoverable until such time as the amount thereof would, but for this provision, have been equal to one-half of the amount expended by the tenant on such repairs.

(25 of 1947 s. 7 incorporated. Amended 39 of 1979 s. 11) 15. Offences (1) Any person who- (a) demands or receives rent in excess of the permitted rent of any premises; (Replaced 22 of 1953 s. 8) (b) demands or receives any consideration whether in money, in kind or in any other manner whatsoever and whether by way of rent, fine, premium or otherwise, for the grant, surrender, termination, renewal, continuance or transfer of any tenancy; (Amended 22 of 1953 s. 8; 30 of 1955 s. 2) (c) being or acting as a broker, agent or go-between demands or receives for his services in connection with the procuring of the grant, renewal, continuance or transfer of the tenancy of any premises any consideration the value of which exceeds 5% of the standard rent for 1 year of such premises; or (Amended 22 of 1953 s. 8) (d) where the purchase or hire of any furniture, fittings, fixtures or other articles is required by him as a condition for the grant, renewal, continuance or transfer of any tenancy, demands or receives any price or consideration for such purchase or hire in excess of a reasonable price or consideration therefor, (Amended 22 of 1953 s. 8) shall be guilty of an offence and shall be liable on summary conviction to a fine of $ 4,000.

(Amended 22 of 1953 s. 8) (2) Upon conviction of a person of an offence against subsection (1), it shall be lawful for a magistrate, in addition to imposing a fine- (a) to order the defendant to pay to the tenant- (i) any sum received in excess of the permitted rent; or (ii) the amount or value of the consideration mentioned in subsection (1) (b) or (c); or (iii) the amount by which the price or consideration for such purchase or hire as is mentioned in subsection (1) (d) exceeds a reasonable price or consideration therefor; and (b) if the defendant is a principal tenant to order his ejectment.

(Replaced 22 of 1953 s. 8) (3) Nothing in this section shall prejudice the right of any person to recover by civil action any such sums as a magistrate may order to be paid under the provisions of subsection (2).

(4) Any person who, in any document required under this Part to be lodged with or served on the Commissioner, makes a false statement, knowing it to be false or not believing it to be true, commits an offence and is liable to a fine of $ 5,000. (Added 40 of 1984 s. 6) (25 of 1947 s. 8 incorporated) 16. Recovery of excessive payments by civil action The person by whom any payment has been made or consideration has been given the demanding or receiving of which is made an offence under the provisions of section 15 may recover the amount or value thereof by action: (Amended 76 of 1981 s. 11) Provided that any action for such recovery shall be commenced within 6 months after the making of such payment or giving of such consideration.

(25 of 1947 s. 9 incorporated) Protected Tenancies 17. Restriction on recovery of possession and effect of retention of possession (1) No order against a tenant for the recovery of possession of or for ejectment from any premises to which this Part applies shall be made otherwise than under this Part or under any Ordinance empowering any court or magistrate to make an order terminating the tenancy of any premises or for the closure of or ejection of the tenant from, any premises, by reason of the use thereof for immoral or illegal purposes or of the dangerous, insanitary or overcrowded state thereof, or with respect to which any offence has been committed.

(2) Any tenant who before 23 May 1947 has retained possession of any premises by virtue of any enactment repealed by this Part -[1]- and who is on 23 May 1947 in possession of premises to which this Part applies and any tenant who shall retain possession by virtue of this Part shall so long as he retains possession observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, so far as the same are consistent with this Part, and shall be entitled to give up possession only on giving such notice as would have been required under the original contract of tenancy, or, if no notice would have been so required on giving not less than 1 month's notice: -[1]- See s. 38 of the Landlord and Tenant Ordinance 1947 (25 of 1947).

Provided that notwithstanding anything in the contract of tenancy a landlord who obtains an order for the recovery of possession from or the eviction of any tenant retaining possession as aforesaid shall not be required to give any notice to quit to the tenant.

(3) Subsection (1) shall not apply to- (a) proceedings by a person claiming under a title adverse and superior to that under which the original tenancy, by virtue of which the tenant became entitled to retain possession, was derived; or (b) proceedings against a derivative landlord: Provided that no order or judgment against a derivative landlord for the recovery of possession or ejectment therefrom shall affect the right of any sub-tenant to whom the premises or any part thereof shall have been lawfully sublet before proceedings for recovery of possession or ejectment were commenced to retain possession under this section or be in any way operative against any such subtenant.

(4) Notwithstanding the provisions of subsection (1), a closure order may be made under section 27 (Closure Order) of the Buildings Ordinance (Cap.

123). (Added 43 of 1949 s. 3) (25 of 1947 s. 5 incorporated) 18. Surrender, etc. of tenancy for consideration allowed under certain circumstances (1) Notwithstanding the provisions of section 15 (1) (b), a tenant may, pursuant to an agreement in accordance with subsection (2), receive consideration whether in money, in kind or in any other manner whatsoever, for the surrender or termination of his tenancy.

(2) Anagreement referred to in subsection (1) shall- (a) be in such form as the Commissioner shall approve; (b) have endorsed thereon a certificate referred to in subsection (3) (c); and (c) be lodged with the Commissioner within 28 days of its execution, with such fee as may be determined by the Financial Secretary. (Amended 40 of 1984 s. 7; 32 of 1985 s. 3) (3) The Commissioner or any public officer authorized by him in that behalf- (a) shall satisfy himself that the tenant- (i) in entering or proposing to enter into an agreement under this section understands the effect of such agreement; and (ii) in signing or agreeing to sign such an agreement has not been subject to any undue pressure or influence; and (b) may make such inquiries as he thinks fit for the purposes of paragraph (a); and (c) shall, if satisfied as to the matters specified in paragraph (a), endorse upon the agreement a certificate to that effect in such form as the Commissioner shall, from time to time, specify. (Amended 93 of 1975 s. 5; 32 of 1985 s. 3) (4) Nothing in subsection (3) shall be construed as imposing upon the Commissioner or any public officer any duty to inquire into or be satisfied as to the reasonableness or otherwise of the consideration specified in the agreement.

(5) Where, after the commencement of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1973 (64 of 1973), an agreement is made for the surrender or termination of a tenancy under subsection (1), the premises to which the agreement relates shall be excluded from the further application of this Part. (Added 64 of 1973 s. 2) (Added 40 of 1968 s. 2. Amended 18 of 1974 s. 2; 10 of 1975 s. 6) 19. Duties of principal tenant (1) Every principal tenant shall affix and shall keep affixed on a conspicuous part of the premises comprised in his principal tenancy a notice in Form 1 in the Second Schedule stating the rent payable by him to his landlord and shall give to each sub-tenant notice in writing of the part of such rent which he attributes to the premises let to such sub- tenant.

(2) Every principal tenant shall, whether the same shall be demanded or not, give to each subtenant at the time of his paying the same a receipt for the amount of the rent paid and such receipt shall state the period in respect of which such rent was payable.

(3) Every principal tenant shall, within 1 month after becoming a principal tenant, furnish to his landlord a full and true statement showing the name of all the sub-tenants of such principal tenant with sufficient particulars of the parts of the premises occupied by and of the standard rent and gross rent payable by and of the date of first occupation by each of them. (Amended 11 of 1954 s. 3) (4) A principal tenant who fails to comply with any of the provisions of subsections (1), (2) and (3) shall be guilty of an offence and shall be liable on summary conviction to a fine of $ 2,000. (Amended 22 of 1953 s.

10) (5) Upon the hearing of any summons issued under this section, it shall be lawful for a magistrate, in addition to imposing a fine if the defendant is convicted, to order the eviction of the defendant. (Amended 22 of 1953 s. 10) (6) Where a principal tenant is evicted under the provisions of this section or of section 15, the sub-tenants of such principal tenant shall be deemed to be and shall thereafter be tenants of the immediate landlord of such principal tenant and shall be deemed to hold their respective premises upon the terms and conditions upon which they held them from the principal tenant: Provided that such immediate landlord shall be entitled to demand or receive from such sub-tenant only such rent as he would have been entitled to demand or receive if the tenancy of the principal tenant had been terminated under the provisions of section 21 and shall undertake towards the sub-tenants all those obligations formerly undertaken by the principal tenant.

(7) It shall be the duty of the immediate landlord of the principal tenant to ensure that the provisions of subsection (1) are complied with, and an immediate landlord who fails without reasonable excuse (the burden of proving which shall be upon him) to ensure that the said provisions are complied with shall be guilty of an offence and shall be liable on summary conviction to a fine of $ 2,000. (Added 22 of 1953 s. 10) (25 of 1947 s.

11 incorporated) 19A. Provision of rent receipts (1) A landlord shall give to his tenant, at the time the tenant pays the rent, a receipt for the amount of rent paid and the receipt shall contain- (a) the name and address of the landlord; (b) the period in respect of which such rent was paid; and (c) the date of payment.

(2) A landlord who fails to comply with subsection (1) commits an offence and is liable to a fine of $ 2,000.

(Added 29 of 1983 s. 6) 20. (Repealed 40 of 1984 s. 8) 21. Termination of principal tenancy (1) The immediate landlord of a principal tenant may by service of notice to quit in Form 2 in the Second Schedule and in manner specified in section 44 terminate the tenancy of such tenant in accordance with the provisions of, and to the extent provided in, this section.

(2) The length of notice given by the notice to quit aforesaid shall be either that required by the contract between the landlord and the principal tenant or in default of any term in the contract specifying the length of notice, one calendar month from the date of service thereof.

(3) Upon the expiration of such notice to quit- (a) each sub-tenant shall be deemed to be the tenant of the immediate landlord and to hold the premises upon the same terms and conditions as he held them from the principal tenant; (b) each sub-tenant affected thereby shall be liable to pay to the immediate landlord on demand the permitted rent of the premises let to him under contract with the principal tenant; (c) the immediate landlord shall undertake towards each sub-tenant all those obligations under-taken by the principal tenant previous to service of notice under subsection (1).

(4) At any time within 14 days after the service of the notice to quit, the principal tenant may elect by notice in writing to the landlord to deliver up the whole of the premises subject to the tenancy or to retain any portion thereof retained, immediately before the service of the notice to quit, for his own occupation.

(5) Where the principal tenant retains for his own occupation any part of the premises the subject of his tenancy from the immediate landlord, he shall be deemed to be the tenant of the immediate landlord in respect of the retained part and to hold the same upon a monthly tenancy. The rent of the retained part shall be the aggregate of the following sums- (a) such proportion of the standard rent of the whole of the premises previously held by him as principal tenant as is fairly attributable to the retained part; and (b) where the premises are dependent domestic premises, a sum equal to 30% of that proportionate part of the standard rent; and (Amended 11 of 1954 s. 4) (c) any increase of that proportionate part of the standard rent authorized under this Part or any Ordinance: Provided that in the event of any dispute between the immediate landlord and the principal tenant as to the amount of the rent payable by such principal tenant, such dispute may be referred to and decided by the Commissioner. (Amended 76 of 1981 s. 12) (6) Notwithstanding anything in this Part, and in particular, the definition of "tenant" in section 2, a lessee of the Crown who recovers by virtue of this section any premises to which this section relates shall be deemed to be an immediate landlord of his principal tenant for all the purposes of this section and shall have all the rights and obligations conferred and imposed by this section on an immediate landlord. (Replaced 22 of 1953 s. 11) 22. Saving as to new agreements to vacate Subject to the provisions of section 15, nothing in this Part shall be taken to limit the right of a landlord and tenant (whether or not the tenant is a tenant to whom section 17 (2) applies) to agree to such stipulations and conditions as they shall think fit in regard to the duration of the tenancy and in particular to any stipulation in regard to termination of the tenancy in the event of the landlord desiring to sell the premises or to obtain possession for occupation by himself or any member of his family: Provided that no landlord shall be entitled by reason of any agreement made under the foregoing provision to obtain an order for the ejectment of any tenant unless he satisfies the Tribunal or a court, as the case may be, that the tenant intended by such agreement to deprive himself of the protection against ejectment afforded by this Part.

(Amended 30 of 1955 s. 4; 76 of 1981 s. 13) (25 of 1947 s. 13 incorporated) 23. Saving for unexpired term Nothing in this Part shall entitle any landlord during the currency of any written lease of any premises for a definite and unexpired term, to any rent higher than the rent reserved in such lease.

(25 of 1947 s. 14 incorporated) 24. Landlord may enter and effect necessary repairs (1) A landlord and his servants and agents may- (a) at all reasonable times, enter and inspect the premises the subject of the tenancy with a view to ascertaining whether they require any necessary repairs; and (b) after servive upon the tenant of 14 days' notice in writing of intention so to do, enter upon the premises the subject of the tenancy and effect all necessary repairs.

(2) For the purposes of this section, "necessary repairs" means any repairs which the tenant would be required to perform were he under covenant with the landlord to keep the premises in a tenantable state of repair.

(3) The Tribunal on the application of a tenant or a landlord may- (a) determine any dispute or difference between a tenant and a landlord as to the construction and application of this section; (b) decide whether any repairs which the landlord proposes to execute are necessary repairs; (c) order a tenant for such period as to the Tribunal may appear reasonable to vacate the premises the subject of the tenancy or part thereof to facilitate the execution of necessary repairs, and in its discretion grant any extension of such period; (d) order the ejectment of a tenant who, in the opinion of the Tribunal, has unreasonably refused to allow the landlord to enter the premises the subject of the tenancy or any part thereof for the purpose of effecting any necessary repairs or in order to ascertain whether there are necessary repairs to be effected; (e) order the tenant to suffer the landlord and his servants and agents to enter upon the premises the subject of the tenancy or part thereof for the purpose of executing all necessary repairs, or in order to ascertain whether there are any necessary repairs to be effected, and give any direction which may appear to it to be desirable with regard to the manner and times in which and at which the repairs are to be effected; (f) order that in respect of any period during which the premises the subject of the tenancy have been reasonably vacated by the tenant to facilitate the execution of necessary repairs, the permitted rent shall abate by such proportion as the period during which the tenant has so vacated the premises bears to the concurrent period or periods in respect of which rent is payable; or (g) order restoration of possession to a tenant entitled to such possession by virtue of subsection (4).

(4) A tenant who in order to facilitate the execution of necessary repairs vacates the premises the subject of the tenancy or part thereof whether of his own volition or at the request of the landlord or pursuant to an order of the Tribunal shall not be deemed to have lose possession thereof unless the Tribunal has ordered his ejectment under subsection (3) (d), and shall be entitled to have possession restored to him (as soon as conveniently may be after the repairs have been effected), and the Tribunal is hereby empowered upon application by the tenant to make an order that possession be restored to the tenant.

(Added 22 of 1953 s. 7. Amended 76 of 1981 s. 14) 25-27. (Repealed 76 of 1981 s. 15) 28. Commissioner may approve contracting out in certain circumstances (1) A landlord and a tenant or prospective tenant of any premises to which this Part applies may make a joint application to the Commissioner for his approval under subsection (3) of the terms of any tenancy agreement into which they propose to enter.

(2) An application under subsection (1) shall be in the specified form in triplicate and shall be accompanied by a copy of the proposed agreement and such fee as may be determined by the Financial Secretary. (Amended 32 of 1985 s. 4) (3) Notwithstanding anything contained in this Part, the Commissioner shall, if he is satisfied in relation to the proposed agreement- (Amended 32 of 1985 s. 4) (a) that the tenant or prospective tenant understands its effect; (b) that the tenant or prospective tenant in assenting to enter into such an agreement has not been subject to any undue pressure or influence; and (c) that no sub-tenants are prejudiced thereby, approve the proposed agreement and endorse the application submitted to him under subsection (1) with a statement to that effect and serve a copy thereof on the landlord and on the tenant or prospective tenant.

(4) The Commissioner may make such inquiries as he thinks fit to the purposes of subsection (3) but nothing in subsection (3) or this subsection shall be construed as imposing on the Commissioner or any public officer any duty to inquire into or be satisfied as to the reasonableness or otherwise of the consideration specified in the agreement.

(5) Where the Commissioner approves the terms of a proposed agreement under subsection (3) the parties may execute a tenancy agreement in the terms so approved, notwithstanding anything in this Part.

(6) Where an agreement is executed under subsection (5)- (a) the landlord shall lodge a copy thereof with the Commissioner within 28 days of its execution; and (Amended 40 of 1984 s. 9) (b) the building or part thereof to which the agreement relates shall be excluded from the further application of this Part notwithstanding the termination or expiry of the agreement.

(Replaced 39 of 1979 s. 12) (For savings and transitional provisions see 39 of 1979 s. 25 (1)) 29. Commissioner may revise rent in certain cases Subject to section 23, if the standard rent of any premises either- (a) is a rent which was agreed upon in writing at some date before 1 July 1937; or (b) is not higher than the rent recoverable from the tenant in actual occupation on 1 July 1937, the landlord of such premises may apply to the Commissioner to fix, and the Commissioner may fix, such other rent as the Commissioner shall think fit as the standard rent to be paid in respect of such premises during the continuance of this Part: Provided that nothing in this section shall affect any rent which became due before the date of the determination by the Commissioner fixing the rent.

(25 of 1947 s. 16 incorporated. Amended 76 of 1981 s. 16) 30. Commissioner may increase standard rent if unreasonably low Notwithstanding anything contained in this Part, the Commissioner may, on the application of a landlord, increase the standard rent of any premises by such amount as the Commissioner considers reasonable, if the Commissioner is satisfied that-(Amended 76 of 1981 s. 17; 32 of 1985 s. 5) (a) the standard rent of the premises is unreasonably low, having regard to the general level of rents prevailing on 25 December 1941 for premises of a similar character in the same neighbourhood; or (b) the standard rent of the premises ought to be increased, having regard to improvements in the amenities of the neighbourhood in which the premises are situate, such improvements having occurred after 25 December 1941.

(Added 22 of 1953 s. 13) 31. Commissioner may decrease standard rent if unreasonably high Notwithstanding anything contained in this Part, the Commissioner may, on the application of a tenant, decrease the standard rent of any premises by such amount as he considers reasonable, if the Commissioner is satisfied that the standard rent of the premises ought to be decreased, having regard to any deterioration in the amenities of the neighbourhood, or in the condition of the premises, such deterioration having occurred after 25 December 1941.

(Added 22 of 1953 s. 13. Amended 76 of 1981 s. 18; 29 of 1983 s. 7) 32. Tribunal may hear appeals and, in certain cases, fix or apportion rent, etc. The Tribunal on the application of landlord or tenant may- (aa) hear any appeal from any decision, determination or assessment of the Commissioner made under this Part; or (Added 76 of 1981 s. 19) (a) fix any rent which for any reason is not otherwise determinable under the provisions of this Part; or (b) apportion any rent to which this Part relates other than, in the first instance, for the purpose of assessing the standard rent of dependent premises; or (Amended 29 of 1983 s. 8) (c) entertain and determine any dispute or difference as to the amount of rent payable in respect of any premises to which this Part applies including any increase of rent, and any charge for the use of furniture by or the provision of services to the tenant, or so far as may be necessary to carry this Part into effect as to the right to the possession of such premises; or (d) entertain and determine concurrently with any other application, any application for the payment of rent or mesne profits of any premises to which this Part applies accruing due on or after 1 October 1945, and make such order thereon as the Tribunal shall think fit.

(25 of 1947 s. 17 incorporated. Amended 76 of 1981 s. 19) 33. Order for ejectment of tenant (1) The Tribunal on the application of a landlord may make an order for the recovery of possession from or the ejectment of- (a) a principal tenant who has been served with a notice under section 21 and who has elected to quit and failed to do so or who has collected or attempted to collect rent from the sub-tenants of such premises in respect of a period subsequent to the expiration of a calendar month following the service of such notice; (Amended 11 of 1954 s. 5) (b) a tenant who has been convicted of an offence against this Part or of using or suffering or permitting to be used the premises or any part thereof for an immoral or illegal purpose; (c) a tenant who, except for a cause which the Tribunal shall deem sufficient to entitle the tenant to the continued protection of this Part being a cause not attributable either to his own default or to lack of means, fails to pay within 15 days after demand the permitted rent which has accrued due; (Replaced 22 of 1953 s. 14. Amended 29 of 1983 s. 9) (d) a tenant who has failed to observe and perform any stipulation or condition of his tenancy agreement other than save as hereinafter provided a stipulation or condition imposing an obligation to vacate the premises; (e) a tenant who has agreed to vacate the premises and who, in the opinion of the Tribunal, intended by such agreement to deprive himself of the protection against ejectment afforded by this Part; (f) a person who became a tenant between 16 August 1945 and 23 May 1947 upon the condition that he should vacate the premises on the return of the person who was the tenant before 25 December 1941 and who has neglected or refused so to vacate the premises upon receipt of notice from the landlord that such former tenant had returned to Hong Kong and that the premises were required for his use; (Amended 32 of 1985 s. 6) (g) a tenant who has given written notice to quit the premises and has failed to quit the same on the expiry of such notice; (h) a tenant who has been guilty of conduct, or has suffered any person residing or lodging with him to be guilty of conduct, which is a nuisance or annoyance to the landlord or to other tenants or the occupiers of adjacent premises, or has persistently failed to keep his premises in a reasonably sanitary condition by reason of which failure the landlord has been required to comply with a notice served upon him under section 127 of the Public Health and Municipal Services Ordinance (Cap. 132); (Amended 10 of 1986 s. 32 (1)) (i) a tenant who obtained a tenancy by reason of being employed by his landlord and who has ceased to be in such employment; (j) a tenant of land which has not been developed by the erection of buildings of a permanent character, which is required by a landlord for his own use or for the erection of buildings of a permanent character.

(2) No order for the recovery of possession of any premises from a tenant or for the ejectment of a tenant of any premises shall be made under the provisions of subsection (1) (c) unless it is established by the landlord to the satisfaction of the Tribunal that the demand which the tenant has failed to meet was for a sum of money not in excess of the permitted rent of the premises. (Added 22 of 1953 s. 14) (25 of 1947 s. 18 incorporated. Amended 76 of 1981 s. 20) 34. Order for ejectment of principal tenant not to operate against sub- tenants An order for ejectment made against any principal tenant shall not, unless the Tribunal so directs, operate as an order for ejectment of any subtenant of such principal tenant, but immediately upon the making of such an order such sub-tenants shall be deemed to be tenants of the immediate landlord of the principal tenant in like manner as is provided by section 21 (3) and such immediate landlord shall undertake towards them the obligations theretofore undertaken by the principal tenant.

(25 of 1947 s. 23 incorporated. Amended 76 of 1981 s. 21) 35. Order for recovery where domestic premises are required for occupation by landlord, etc.

(1) The Tribunal on the application of a landlord or of the personal representative of a deceased landlord (not being a landlord who has become such landlord by purchasing premises or any interest therein after 1 September 1946) may make an order for the recovery of possession of any domestic premises or for the ejectment of the tenant therefrom where such premises are reasonably required for occupation as a residence for such landlord or for any son or daughter of his over 18 years of age, or, where the landlord is dead, for the surviving spouse, son or daughter over 18 years of age or father or mother of such deceased landlord: Provided that no such order shall be made unless the Tribunal is satisfied having regard to all the circumstances of the case, including any alternative accommodation available for the persons for whose occupation the premises are so required or for the tenant, that greater hardship would be caused by refusing to grant the order than by granting it.

(2) No person obtaining an order for the recovery of possession of or ejectment from any premises under subsection (1) shall within 12 months after the date of such order assign, transfer, sublet or part with the possession of the premises or any part thereof without the previous consent of the Tribunal.

(3) Where a person has obtained an order for the recovery of possession of or ejectment from any premises under the provision of subsection (1) and it is subsequently made to appear to the Tribunal that the order was obtained in bad faith or by the misrepresentation or concealment of material facts or where such person is shown to have acted in breach of the provisions of subsection (2), the Tribunal may order the landlord to pay to the former tenant such sum as may appear to the Tribunal to be sufficient to compensate such tenant for the cost, damage, loss or inconvenience sustained by him as a result of the order for recovery of possession or ejectment.

(25 of 1947 s. 19 incorporated. Amended 76 of 1981 s. 22) 36. Order where subletting is made without landlord's consent The Tribunal on the application of a landlord may make an order for the recovery of possession from or ejectment of the occupier of any premises the rent whereof is payable monthly, the tenant of which has, after 1 March 1946 without the consent in writing of the landlord, assigned, transferred, sublet or parted with the possession of such premises or any part thereof: Provided that no order shall be made under this section against an occupier holding as the sub-tenant of a principal tenant any portion of any domestic premises which premises before 22 October 1945 were divided into and let as separate domestic premises, or since that date have, with the consent of the landlord, been so divided and let. (25 of 1947 s. 20 incorporated. Amended 76 of 1981 s. 23) 37. Tenant if a party to an application under section 36 shall be bound by an order made thereunder A tenant who has been made a party to an application under section 36 shall without prejudice to any appeal be bound by an order in favour of the landlord made under that section, and any tenancy in the premises to which the order relates to which such tenant is or might be entitled by virtue of this Part shall cease and determine. (Added 22 of 1953 s. 15) 38. Apparent change in occupancy shifts onus of proof to tenant Where a landlord establishes a prima facie case that there has been an apparent change in the occupancy of premises or of part thereof, the tenant shall be deemed to have parted with the possession of such premises or of such part unless he satisfies the Tribunal to the contrary.

(Added 22 of 1953 s. 15. Amended 76 of 1981 s. 24) 39. A tenant about to absent himself from Hong Kong for certain periods may sublet under conditions (1) A tenant of domestic premises not being a corporation or unincorporate body shall not be beemed to have assigned, transferred, sublet or parted with possession for the purposes of section 36 if the Tribunal is satisfied that- (Amended 76 of 1981 s. 25) (a) he sublet to a person for a period during which the tenant was absent from Hong Kong; and (b) such subletting occurred with the consent of the landlord or the landlord's consent was unreasonably withheld; and (c) the tenant was absent from Hong Kong for a period of not less than 3 and not more than 9 months; and (d) such person did not pay or promise to pay to the tenant a consideration in excess of the rent payable by the tenant to the landlord.

(Amended 32 of 1985 s. 7) (2) Whether or not the conditions of this section have been complied with a person who has obtained possession of premises to which this Part applies on condition that he will give up possession to the tenant on the tenant's return to Hong Kong shall not be entitled to the protection of this Part as against the tenant after such tenant's return or as against the landlord. (Amended 32 of 1985 s. 7) (3) Nothing herein contained shall entitle a person who has obtained possession of any premises by reason of this section to retain possession as against the landlord after the expiration of 9 months from the date when he first obtained such possession. (Added 22 of 1953 s. 15) 40. Power to adjourn, etc.

Upon any application for the recovery of possession of any premises or the ejectment of the tenant therefrom the Tribunal may- (a) in lieu of making an order adjourn the application for a period not exceeding 30 days and subject to such conditions as it thinks proper; (b) upon making such order direct that it shall not be operative until the expiration of any period not exceeding 30 days specified in such order and may make any such direction subject to such conditions as it thinks proper. (25 of 1947 s. 22 incorporated. Amended 76 of 1981 s. 26) 41-42. (Repealed 76 of 1981 s. 27) 43. Appeal to Court of Appeal (1) Any party to proceedings before the Tribunal may appeal to the Court of Appeal against a determination or order of the Tribunal on the ground that such determination or order is erroneous in point of law.

(2) An appeal under this section shall be subject to the provisions of, and any rules made under, the Lands Tribunal Ordinance. (Cap. 17) (Replaced 76 of 1981 s. 28) 43A. Costs In any proceedings under this Part, the Tribunal shall not make any order as to costs against a party unless that party has conducted his case in a frivolous or vexatious manner.

(Added 76 of 1981 s. 29) General 43B. Enlargement of time The Commissioner may extend any time fixed by this Part for the making of any application to him or for the lodging of any document with him.

(Added 40 of 1984 s. 10) 44. Service of notice (1) Any notice given under this Part may be served upon the person affected thereby either personally or by leaving the same with any occupier of the premises to which the same relates, or by leaving the same with some adult inmate at the usual or last known place of business or residence of the person to be served, or, if the person to be served cannot readily be found, by affixing the notice on a conspicuous part of the premises to which the same relates.

(2) The provisions of subsection (1) shall not apply in respect of the service of any notice under section 21, but in such cases service shall be effected by posting the prescribed form of notice in English, together with a copy in Chinese, upon the main door or entrance of the premises affected, and by reporting the same if necessary upon the second and third day thereafter, and upon the expiration of the third day such notice shall be deemed to have been served upon all persons including sub-tenants affected thereby. (Added 22 of 1953 s. 22. Amended 14 of 1957 s. 3) (3) Without prejudice to subsection (1), service of any notice under section 10 (1A) or 10 (3AA) or notice, application or certificate under section 10A, 10AA, 10B or 10C, may be effected by the recorded delivery service, or registered post, addressed to the last known place of business or residence of the person to be served. (Added 10 of 1975 s. 8. Amended 93 of 1975 s. 8; 39 of 1979 s. 13; 76 of 1981 s. 30; 40 of 1984 s. 11) 44A. Exercise of powers of Commissioner (1) The Commissioner may, for the purposes of this Part- (a) serve on any person a requisition in the specified form requiring him to furnish to the Commissioner, within such reasonable period as the Commissioner may specify in the form, the particulars reasonably required by the Commissioner by the requisition; (b) require the landlord, tenant or sub-tenant or former landlord, tenant or sub-tenant of any premises to exhibit to him all documents relating to the tenancy and user of the premises, including leases, receipts for rent, rent-books and accounts, and the Commissioner may take copies of those documents; (c) at any reasonable time, with the consent of the occupier, enter and inspect any premises and take such measurements and other particulars as he thinks fit; (d) require the occupier or other person in control of the premises, following not less than 24 hours notice in writing delivered at the premises, to allow the Commissioner to enter and inspect those premises at any reasonable time and take such measurements and other particulars as he thinks fit; (e) after the expiry of not less than 24 hours notice in writing to the occupier of the premises or, if the occupier cannot be found, to the landlord or other person in control of the premises, enter at any reasonable time during day-light (using such force as may be necessary) and inspect any premises and take such measurements and other particulars as he thinks fit.

(2) Any public officer or class of public officer employed in the Rating and Valuation Department and authorized in writing in that behalf by the Commissioner may exercise any of the powers and perform any of the duties conferred or imposed on the Commissioner by this Part.

(Replaced 40 of 1984 s. 12) 44B. Refusal to furnish information and obstruction (1) Any person who, without reasonable excuse- (a) refuses or neglects to furnish any of the particulars specified under section 44A (1) (a); (b) refuses or neglects to exhibit any document he is required to exhibit under section 44A (1) (b); (c) refuses to allow the Commissioner to take copies of any document exhibited under section 44A (1) (b); or (d) obstructs or evades the exercise of any power under section 44A (1) (c), (d) or (e), commits an offence and is liable to a fine of $ 10,000 and to imprisonment for 3 months.

(2) Where the Commissioner is frustrated or obstructed in the exercise of any power under section 44A (1) (c), (d) or (e), he may apply to the court for an order authorizing him to enter and inspect the premises concerned and exercise his powers and requiring the landlord, tenant, sub-tenant, occupier or person having control of the premises to allow the Commissioner to enter and inspect those premises and exercise his powers; and the court shall have jurisdiction to make such order as it thinks fit.

(3) An application under subsection (2) may be made at the conclusion of any proceedings in respect of an alleged offence under subsection (1) (whether or not any person is convicted) or independently of any such proceedings.

(4) In this section, "court" means the District Court, the Tribunal or a magistrate. (Added 40 of 1984 s. 12) 45. Prohibition of acts done mala fide with intent to induce a lessee to quit (1) Any person who shall mala fide do any act whatsoever with intent to induce the lessee of any premises to give up possession thereof shall be liable on summary conviction to a fine of $ 2,000.

(2) Upon the hearing of any summons issued under this section it shall be lawful for a magistrate, in addition to imposing a fine if the defendant is convicted, to order the defendant to pay to the lessee such sum as may appear to the magistrate to be sufficient to compensate the lessee for any costs, damages, loss or inconvenience sustained by him by reason of such act.

(25 of 1947 s. 33 incorporated. Amended 22 of 1953 s. 23) 46. Collection of rates not to be affected Nothing in this Part shall be construed so as to prevent a landlord from collecting from his tenant the rates for the time being payable in respect of any premises or such apportioned sum as shall properly be attributable to such premises in respect of rates, provided that the obligation of paying the rates in respect of such premises was assumed by the tenant under the terms of the tenancy.

(25 of 1947 s. 37 incorporated) 47. Forms (1) The forms in the Second Schedule are prescribed for use under this Part and shall in each case be accompanied by a translation thereof in the Chinese language. (Added 22 of 1953 s. 33) (2) Subject to subsection (1), the Commissioner may- (a) specify any form to be used under this Part; (b) publish any such form in the Gazette; and (c) in his discretion accept any notice or application served on him which is not in the specified form. (Added 93 of 1975 s. 10) 48. (Repealed 93 of 1975 s. 11) PART II TENURE AND RENT OF DOMESTIC PREMISES Interpretation and Application 49. Interpretation In this Part, unless the context otherwise requires- "Building Authority" means the Building Authority under the Buildings Ordinance (Cap. 123); "Commissioner" means the Commissioner of Rating and Valuation; "court" means the District Court; "current rent" means, except in section 51B, the rent, exclusive of rates, payable by a tenant at the date of an application under section 57; (Amended 40 of 1984 s. 13) "forfeiture" means forfeiture- (a) for breach of any provision of a tenancy or sub-tenancy; or (b) under a provision of a tenancy or sub-tenancy allowing forfeiture or determination following the destruction, or partial destruction, of or damage to the premises; (Added 40 of 1984 s. 13) "landlord" includes any person, other than the Crown, who is from time to time entitled to receive rent in respect of any premises and, in relation to a particular tenant, means a person entitled to receive rent from such tenant; "prevailing market rent" means, except in section 51B, the rent, exclusive of rates, at which premises the subject matter of a tenancy to which this Part applies might reasonably be expected to be let, at the date upon which the Commissioner issues his certificate under section 58, on the terms of the tenancy (other than those relating to rent and duration of the tenancy) but disregarding the effect of this Part; (Amended 29 of 1983 ss 10 & 46; 40 of 1984 s. 13) "principal tenant" means a tenant of premises, other than a Crown lessee, who has sublet the whole or any part or parts thereof as a separate holding or holdings; "repealed Part II" means Part II of the Ordinance repealed by section 2 of the Landlord and Tenant (Consolidation) (Amendment) (No. 2) Ordinance 1973 (78 of 1973); "tenancy" includes an agreement for a tenancy; "tenant" or "sub-tenant" does not include a Crown lessee but includes- (a) a person who, on 18 December 1979, is in possession of premises the subject matter of a tenancy or sub-tenancy to which this Part, whether by virtue of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980 (6 of 1980) or otherwise, applies; (Amended 6 of 1980 s. 2) (b) (Repealed 6 of 1980 s. 2) (c) a person who retains possession of any premises by virtue of this Part; (Amended 93 of 1975 s. 12) (d) a public body, corporation, foreign or Commonwealth Government, partnership or firm, which is the tenant or sub-tenant of premises the subject matter of a tenancy or sub-tenancy to which this Part applies; (Added 6 of 1980 s. 2) "tenement" means any building, structure, or part thereof, which is held or occupied as a distinct or separate tenancy or holding or under any licence; (Added 93 of 1975 s. 12) "Tribunal" means the Lands Tribunal established under the Lands Tribunal Ordinance (Cap. 17). (Replaced 76 of 1981 s. 31) 50. Application (1) Subject to subsection (6), this Part applies to every domestic tenancy and domestic sub-tenancy of post-war premises, whether the same was effected orally or in writing and notwithstanding any provision in such tenancy or sub-tenancy, including any provision purporting generally or specifically to exclude this Part. (Amended 29 of 1983 s. 11) (2) For the purposes of this section, "post-war premises" means premises to which art I does not apply by virtue of section 3 (1) (a). (Replaced 29 of 1983 s. 11) (3) The burden of proving that premises in a building are not post-war premises shall lie on the person so asserting; and a copy of a written permit of the Building Authority to occupy a building shall be prima facie evidence that premises in that building are not post-war if the permit purports to have been issued prior to 17 August 1945. (Amended 29 of 1983 s. 11) (4) (a) The benefits and protection afforded by this Part shall, in any tenancy or sub-tenancy to which it applies, be available to the widow, widower, mother, father or any daughter or son over the age of 18 years of the tenant or sub-tenant, as the case may be, where she or he was residing with the tenant or sub-tenant at the time of his or her death, and for the purposes of this Part references to tenant or sub-tenant shall, except in this subsection, be deemed to include a reference to such widow, widower, mother, father, daughter or son. (Amended 29 of 1983 s. 11; 40 of 1984 s.

14) (b) Only one person mentioned in paragraph (a) shall be entitled to the benefits and protection of this Part at one time and, in default of agreement by those persons, the Tribunal shall nominate that person on such grounds as appears to it to be just and equitable. (Added 29 of 1983 s. 11) (c) The benefits and protection afforded by this Part shall not be available to a personal representative of a deceased tenant or sub-tenant or, notwithstanding any will or the law of succession on intestacy, any other person who is not a person mentioned in paragraph (a) as entitled to those benefits or that protection. (Added 40 of 1984 s. 14) (5) (Repealed 6 of 1980 s. 3) (6) This Part shall not apply to the following- (a) a tenancy or sub-tenancy- (i) of premises to which Part I applies; or (ii) of premises in respect of which there is in existence an order under section 4; (Replaced 24 of 1980 s. 2. Amended 29 of 1983 s. 11) (b) a tenancy or sub-tenancy of land unbuilt on; (c) a tenancy or sub-tenancy of agricultural land, which expression shall have the meaning assigned to it by section 36 of the Rating Ordinance (Cap. 116), including such a tenancy or sub-tenancy where there is on the land a dwelling house occupied by persons working the land; (d) a tenancy or sub-tenancy where the landlord or principal tenant is the employer and the tenant or sub-tenant is the employee in possession of the premises in accordance with the terms and conditions of his employment, being terms and conditions which require him to vacate the accommodation on ceasing to be so employed; (e) a tenancy held from the Crown, the Hong Kong Housing Authority, the Hong Kong Housing Society, the Hong Kong Model Housing Society or the Hong Kong Settlers Housing Corporation Limited, or a sub-tenancy created out of such a tenancy; (Amended 52 of 1981 s. 2) (f)-(g) (Repealed 76 of 1981 s. 32) (h) (Repealed 29 of 1983 s. 11) (i)-(k) (Repealed 6 of 1980 s. 3) (1) a tenancy or sub-tenancy of any premises in a building in respect of which an appropriate certificate was first issued or which premises were completed or substantially rebuilt on or after 19 June 1981; and, for the purposes of this paragraph, "appropriate certificate" means- (i) an occupation permit, including a temporary occupation permit, issued by the Building Authority under section 21 (2) of the Buildings Ordinance (Cap. 123); or (ii) where section 21 of the Buildings Ordinance does not apply to the premises by virtue of the Buildings Ordinance (Application to the New Territories) Ordinance (Cap. 322, 1964 Ed.) or the Buildings Ordinance (Application to the New Territories) Ordinance (Cap. 121), a certificate issued by the Director of Buildings and Lands, or any person authorized by him, certifying that the premises are complete; or (Amended L. N. 370 of 1981; L. N. 76 of 1982; L. N. 94 of 1986; 60 of 1987 s. 14) (iii) where section 21 of the Buildings Ordinance does not apply to the premises by virtue of section 18 of the Housing Ordinance (Cap. 283), a certificate issued by the Director of Housing, or any person authorized by him, certifying that the premises are complete; (Added 52 of 1981 s. 2.

Amended 29 of 1983 s. 11) (m) a tenancy or sub-tenancy of premises the rateable value of which is not less than $ 30,000 or such other sum as the Legislative Council by resolution determines; (Replaced 52 of 1981 s. 3. Amended 29 of 1983 s.

11; 40 of 1984 s. 14; 32 of 1985 s. 8) (n) a tenancy or sub-tenancy in writing created after 18 December 1981 for a fixed term of 5 years or longer which contains no provision- (i) for earlier determination by the landlord otherwise than by forfeiture; and (ii) for any premium or fine or for any increase in the rent during the fixed term; (Added 76 of 1981 s. 32) (o) a tenancy or sub-tenancy created on or after 10 June 1983 of premises of which, or of part of which, the tenant or sub-tenant under that tenancy or sub-tenancy is not already in possession under another tenancy or sub- tenancy. (Added 29 of 1983 s. 11) (7)-(8) (Repealed 29 of 1983 s. 11) (9) The Governor may by order exclude from the further application of this Part any class of tenancy or sub-tenancy, any class of premises or any particular tenancy or sub-tenancy or premises.

(10) Subject to subsection (12), for the purposes of this section, the rateable value of any premises shall be- (a) in the case of premises being a tenement included in the valuation list declared in March 1977 under section 13 of the Rating Ordinance (Cap.

116) as amended or altered from time to time up to and including 10 June 1983, the rateable value contained in that list on 10 June 1983; and (b) in any other case, the rateable value which would have been contained in the list referred to in paragraph (a) on 10 June 1983 had the premises been included in that list and which is certified by the Commissioner as regards the premises for the purposes of this section and that certificate shall be final and binding. (Replaced 29 of 1983 s. 11. Amended 77 of 1988 s. 3) (11) The dates mentioned in subsection (10) may be amended by resolution of the Legislative Council. (Added 29 of 1983 s. 11. Amended 77 of 1988 s.

3) (12) Any tenancy or sub-tenancy of premises excluded from this Part at any time by virtue of the operation of subsection (6) (m) shall continue to be so excluded notwithstanding any amendment of subsection (10). (Added 29 of 1983 s. 11. Amended 77 of 1988 s. 3) 50A. Block lettings (1) For the purposes of this Part, where a tenancy is of premises consisting of 2 or more dwellings, which dwellings have an aggregated rateable value of not less than the sum mentioned in paragraph (m) of section 50 (6), that paragraph shall not have the effect of excluding from the application of this Part a dwelling in those premises the rateable value of which is less than that sum; and unless otherwise excluded, this Part shall apply to such a dwelling in accordance with subsection (2).

(2) Where' by virtue of subsection (1), this Part applies to a dwelling, that dwelling- (a) shall be deemed to be premises subject to a separate tenancy to which this Part applies and, if it is subject to a sub-tenancy, that sub-tenancy shall be deemed to have been created out of that separate tenancy; and (b) shall have, for the purposes of sections 55 to 66, a rent, as determined under section 50B, payable and recoverable in respect of it.

(Amended 40 of 1984 s. 15) (Added 52 of 1981 s. 4) 50B. Continuation of tenancies in block lettings (1) Where- (a) by virtue of section 50A (2), a dwelling is deemed to be subject to a separate tenancy; and (b) that separate tenancy continues in existence by virtue of section 52, the rent and other terms of the tenancy of that dwelling during that continuation shall be consistent with this Part and- (i) shall be as agreed by the parties; or (ii) failing agreement- (a) the rent shall be as determined by the Commissioner in accordance with subsection (2); and (b) the other terms shall be as determined by the Tribunal in accordance with subsection (3).

(2) (a) The rent of a tenancy for the purposes of subsection (1) (ii) (A) shall be such part of the whole rent payable for the premises mentioned in section 50A (1) as is apportioned to that tenancy by the Commissioner who shall have regard to the relative size and other features of the dwellings in those premises.

(b) The Commissioner shall notify the parties in writing of the rent so apportioned and the apportionment shall be final and binding.

(c) (Repealed 40 of 1984 s. 16) (3) In determining the other terms of the tenancy under subsection (1) (ii) (B), the Tribunal shall have regard to- (a) the terms of the tenancy of which the dwelling forms part; (b) the terms ordinarily applicable to a tenancy of a dwelling in premises consisting of 2 or more dwellings; and (c) such other considerations as appear to be equitable, and the determination shall be final and binding.

(Added 52 of 1981 s. 4. Amended 76 of 1981 s. 33) 50C. Interpretation (1) For the purposes of sections 50A, 50B and this section- (a) section 50 (10) shall apply to a dwelling as it applies to premises; (b) "tenancy" includes a sub-tenancy; (c) "dwelling" means a building, or part of a building, which is designed and constructed for the purpose of separate occupation as a dwelling, whether or not it is subject to a separate tenancy.

(2) For the purposes of this Part, the date of the tenancy of a dwelling shall be the date on which the parties entered into the tenancy of the premises which included that dwelling.

(Added 52 of 1981 s. 4) 51. Meaning of "domestic tenancy" (1) For the purposes of section 50, "domestic tenancy" and "domestic sub- tenancy" mean a tenancy or sub-tenancy of premises let as an dwelling.

(2) Notwithstanding the purpose for which premises were let, in determining the nature of a tenancy for the purposes of this Part, the following provisions shall apply- (a) in any agreement in writing between a landlord and tenant, or between a principal tenant and sub-tenant, a term that the premises shall be used for a specified purpose shall be prima facie evidence that the premises are being used for such purpose; (b) notwithstanding any evidence as to whether premises were originally let as a dwelling or not let as a dwelling, premises which are being used primarily for another purpose shall be deemed to have been let for such other purpose: Provided that where such primary user is user as a dwelling and in breach of any term in the agreement with the landlord or principal tenant, as the case may be, then the tenant or sub-tenant shall be required to establish that such user has been agreed to by the landlord or principal tenant, expressly or by implication, or acquiesced in by him; (c) subject to paragraph (d), where there exists insufficient evidence as to whether premises were let as a dwelling or not let as a dwelling, the nature of the tenancy or sub-tenancy shall be determined by the primary user of the premises; (d) where there is evidence that premises were let otherwise than as a dwelling, or that they were being used otherwise than as a dwelling at the commencement of a sub-tenancy created out of the original tenancy, any premises the subject of such sub-tenancy shall themselves be deemed to be used otherwise than as a dwelling until the sub-tenant satisfies the Tribunal to the contrary; (Amended 76 of 1981 s. 34) (e) the use of premises as a boarding or lodging house is a use other than as a dwelling.

(3) In determining whether premises were let, or are being used, as a dwelling, the following may be taken into account- (a) the covenants, terms and conditions in any Crown lease, tenancy or sub-tenancy; (b) any occupation permit given by the Building Authority under section 21 of the Buildings Ordinance (Cap. 123), or under any Ordinance replaced thereby, in relation to the premises; (c) normal additional uses of premises consistent with the domestic nature of a tenancy or sub-tenancy having regard to the following- (i) floor area in occupation part or full-time for such uses; (ii) the number of people engaged in such uses but not dwelling on the premises; (iii) the furnishings, fittings and contents of the premises; and (iv) the gross profits resulting from such uses relative to the rent or proportion thereof paid by the person making such profits.

(4) Where a dispute arises as to whether a tenancy or sub-tenancy is domestic, the landlord, tenant, principal tenant or sub-tenant may, if primary user is relevant to the dispute apply in the specified form to the Commissioner for his certificate as to the primary user of the premises and shall specify in the form the nature of the dispute.

(4A) Whether or not a dispute arises as to whether a tenancy or sub-tenancy is domestic, a landlord, tenant, principal tenant or sub-tenant may apply in the specified form to the Commissioner for his certificate as to the primary user of the premises. (Added 56 of 1976 s. 3) (4B) Where a person applies to the Commissioner under subsection (4A) he shall- (a) specify in the application form a day, other than a public holiday, on which he would like the inspection to be carried out; (b) at the time when he lodges the application, pay such fee as may be determined by the Financial Secretary; and (c) lodge the application form with the Commissioner not less than 10 days before the day specified in the form. (Added 56 of 1976 s. 3) (4C) (Repealed 32 of 1985 s. 9) (4D) The Commissioner shall, where practicable, carry out the inspection under subsection (5) on the day specified in the application or, if the inspection cannot be carried out on that day, as soon thereafter as is reasonably possible. (Added 56 of 1976 s. 3) (5) Subject to subsection (5A), where an application under subsection (4) or (4A) is made to the Commissioner, he shall inspect the premises, and may- (a) where he is satisfied on the evidence available as to the primary user, issue free of charge in the case of an application under subsection (4) and serve on the landlord and tenant or principal tenant and sub- tenant, as the case may be, a certificate in the specified form as to the primary user of the premises on the day of his inspection; (b) where he is not so satisfied, issue free of charge in the case of an application under subsection (4) and serve on the landlord and tenant or principal tenant and sub-tenant, as the case may be, a notice in the specified form declining to express an opinion as to the primary user of the premises.

(Amended 56 of 1976 s. 3; 29 of 1983 s. 12) (5A) Where the Commissioner issues a certificate under subsection (5) (a), no further application may be made under subsection (4) or (4A) before the expiry of 1 year from the date on which that certificate is issued. (Added 29 of 1983 s. 12) (6) A certificate issued by the Commissioner under subsection (5) (a) shall, for all purposes, including an application under subsection (8), be prima facie evidence of the facts set out therein and of the primary user of the premises on the day on which they were inspected. (Amended 76 of 1981 s. 34) (7) (Repealed 29 of 1983 s. 12) (8) A party to any tenancy or sub-tenancy may apply to the Tribunal to determine whether or not a tenancy or sub-tenancy is domestic and the Tribunal may determine that question for the purposes of this Part.

(Replaced 29 of 1983 s. 12) 51A. Transfer of tenancy to Part IV on joint application (1) A landlord and tenant, or principal tenant and sub-tenant, of premises to which this Part applies may apply jointly to the Commissioner in the specified form in triplicate for the tenancy, or sub-tenancy, to be excluded from the application of this Part.

(2) An application under subsection (1) may be made during the contractual period of the tenancy, or sub-tenancy, or during its continuation under section 52 (1) and shall be lodged with the Commissioner within 28 days of its execution.

(3) The Commissioner shall- (a) if he is satisfied that the tenant, or sub-tenant, understands the effect of the exclusion of the tenancy, or sub-tenancy, from this Part and has not been subject to any undue pressure or influence, endorse his approval on copies of the application and serve a copy on each of the applicants; or (b) if he is not so satisfied, serve a notice to that effect on each of the applicants.

(4) Where an application is endorsed under subsection (3) (a), the tenancy, or sub-tenancy, to which the application relates shall be excluded from the application of this Part and Part IV shall apply to it with effect from a future date specified in the application by the applications or, if no such date is specified, from the date of that endorsement.

(5) Where an application is endorsed under subsection (3) (a), that application shall constitute- (a) a discontinuance by an applicant of any proceedings under section 53 for possession of the premises to which that application relates; and (b) a waiver by an applicant to any right to increase the rent under this Part in relation to the premises to which that application relates.

(6) The applicants may in the specified form specify the terms of the tenancy, or sub-tenancy, to which Part IV shall apply and the lodging of the application under this section shall be sufficient compliance with section 119L.

(Added 40 of 1984 s. 17) 51B. Transfer of tenancy to Part IV on unilateral application (1) A landlord or tenant, or principal tenant or sub-tenant, of premises to which this Part applies may apply to the Commissioner in the specified form in duplicate for the tenancy, or sub-tenancy, to be excluded from the application of this Part.

(2) An application under subsection (1) may be made- (a) during the contractual period of the tenancy, or sub-tenancy (but not earlier than 12 months before the expiry of that period); or (b) during its continuation under section 52 (1).

(3) An application under subsection (1) in relation to tenancy, or sub- tenancy, continuing under section 52 (1) shall not be made- (a) within 12 months after the date on which an increase in rent (other than on account of improvements or an increase in rates) becomes effective; or (b) within 12 months after the date of service of a notice under subsection (5) (b) following an earlier application under this section.

(4) Upon receipt of an application under subsection (1), the Commissioner shall serve a copy thereof on the other party and within 14 days of that service that party may make representations to the Commissioner.

(5) The Commissioner shall consider any representations, determine any facts in dispute and shall- (a) if he is satisfied that the current rent for the premises is not less than 77% of the prevailing market rent, issue a certificate approving the application and serve 1 copy on the landlord, or principal tenant, and 1 copy on the tenant, or sub-tenant; or (b) if he is not so satisfied, issue and serve a notice to that effect on the landlord, or principal tenant, and on the tenant, or sub-tenant.

(6) Where the Commissioner approves the application under subsection (5), he shall state in his certificate a date upon which the tenancy, or sub-tenancy, shall be excluded from this Part; and, on that date, the tenancy shall, subject to subsection (8), be excluded from the application of this Part and Part IV shall apply to it.

(7) The date mentioned in subsection (6) shall be- (a) in a case where the application is made during the contractual period of the tenancy, or sub-tenancy, the date on which the Commissioner issues his certificate under subsection (5) (a): Provided that the Commissioner shall not issue that certificate earlier than 7 months before the expiry of the contractual period; or (b) in a case where the application is made during the continuation of the tenancy, or sub-tenancy, under section 52 (1) and- (i) the current rent is not less than the prevailing market rent; or (ii) the rent has not been increased (other than on account of improvements or an increase in rates) during that continuation, the date on which the Commissioner issues his certificate under subsection (5) (a); or (c) in a case where- (i) the application is made during the continuation of the tenancy, or sub-tenancy, under section 52 (1); and (ii) the current rent is less than the prevailing market rent; and (iii) the rent has been increased (other than on account of improvements or an increase in rates) during that continuation, a date not more than 18 and not less than 17 months after the date on which that increase became effective or, if there is more than 1 such increase, the date on which the last such increase became effective: Provided that, where a period of 18 months has elapsed since the date on which that increase or that last increase became effective, the date mentioned in subsection (6) shall be the date on which the Commissioner issues his certificate under subsection (5) (a).

(8) A certificate issued under subsection (5) (a) shall not affect- (a) any proceedings under section 53 commenced before the date of the issue of that certificate; or (b) any right to increase the rent under this Part following a proper notice served under section 55, 55A, 56, 63 or 63A or a certificate issued by the Commissioner under section 56A or 58 before that date.

(9) In this section- "current rent" means the rent, exclusive of rates, payable by the tenant, or sub-tenant at the date of the application under subsection (1); and "prevailing market rent" means the rent, exclusive of rates, at which the premises might reasonably be expected to be let on a term of 2 years at the date upon which the Commissioner issues his certificate or notice under subsection (5), on the terms of the tenancy, or sub-tenancy (other than those relating to rent and duration of the tenancy or sub-tenancy) but disregarding the effect of this Part.

(Added 40 of 1984 s. 17) 51C. Review of decisions under sections 51A and 51B (1) Where the Commissioner- (a) serves a notice under section 51A (3) (b); or (b) serves a copy of his certificate under section 51B (5) (a); or (c) serves a notice under section 51B (5) (b), a party to the tenancy, or sub-tenancy, which is the subject of the application under those sections and who is aggrieved may, within 14 days of that service, apply to the Commissioner by notice in duplicate in the specified form for a review of his decision.

(2) On receipt of an application under subsection (1) and of such fee as may be determined by the Financial Secretary, the Commissioner shall review his decision and, after giving the parties the opportunity of making written submissions, he may affirm the decision or cancel it and decide the matter afresh, and shall serve a notice of his decision on the parties. (Amended 32 of 1985 s. 10; 77 of 1988 s. 4) (3) (Repealed 32 of 1985 s. 10) (Added 40 of 1984 s. 17) 51D. Appeal A party to the tenancy, or sub-tenancy, which is the subject of the application under section 51A or 51B and who is aggrieved by a decision of the Commissioner under section 51C may, within 1 month of the service of the notice of the decision, appeal to the Tribunal which may make such order thereon as it thinks fit.

(Added 40 of 1984 s. 17. Amended 77 of 1988 s. 5) Continuation and Termination of Tenancies 52. Continuation of tenancies (1) Where the contractual period of a tenancy or sub-tenancy, whether created before, on or after 19 December 1981, is terminated by effluxion of time or by the landlord or principal tenant, otherwise than by forfeiture, the tenancy or sub-tenancy shall not, subject to subsection (2), sections 52A and 53, come to an end during the continuance in force of this Part. (Replaced 76 of 1981 s. 35. Amended 29 of 1983 s. 13) (1A) During the continuation of the tenancy or sub-tenancy under subsection (1), the contractual tenancy or sub-tenancy shall continue except to the extent that the terms and conditions thereof are varied under, or are inconsistent with, this Part. (Replaced 29 of 1983 s. 13) (1B) During the continuation of the tenancy or sub-tenancy under subsection (1), the landlord or principal tenant shall have no right to forfeiture, re-entry or to obtain possession of the premises except as provided by section 53. (Added 76 of 1981 s. 35) (1C) A tenancy or sub- tenancy which, immediately before 19 December 1981, was continuing under this Part shall be a tenancy or sub-tenancy continuing under subsection (1). (Added 76 of 1981 s. 35) (1D) A tenancy or sub-tenancy shall not continue under subsection (1) where the tenant or subtenant delivers up vacant possession on termination of the contractual period of the tenancy or sub-tenancy. (Added 76 of 1981 s. 35) (2) Subject to section 50 (4), a tenancy or sub-tenancy shall not by virtue of this part continue in existence after any change in the identity of the tenant, principal tenant or sub-tenant which would terminate such tenancy or sub-tenancy in law.

(3) In every tenancy and sub-tenancy there shall, in the absence of any express covenant or condition, be implied a covenant to pay rent on the due date and a condition for forfeiture for non-payment within 15 days of such date.

(4) Notwithstanding the expiration of this Part under section 74B, this section and section 53 shall continue to apply to any tenancy or sub- tenancy- (a) for a period of 2 years from the date on which any increase under this Part of the rent payable under the tenancy or sub-tenancy, other than an increase under section 55A or 56, became effective; or (Amended 56 of 1976 s. 4) (b) until the expiry of a period of 2 years from the creation of the tenancy or sub-tenancy if the same was created not more than 2 years before the expiration of this Part.

52A. Surrender by tenant (1) Subject to subsection (2), a tenant or subtenant may agree to surrender a tenancy or sub-tenancy continuing under section 52 (1).

(2) An agreement mentioned in subsection (1) shall have no effect unless it is- (a) in the specified form; (b) lodged with the Commissioner within 28 days of execution, with such fee as may be determined by the Financial Secretary; and (Amended 40 of 1984 s. 18; 32 of 1985 s. 11) (c) endorsed by the Commissioner under subsection (3).

(3) The Commissioner- (a) shall satisfy himself that the tenant or subtenant- (i) in entering into an agreement under subsection (1) understands the effect of that agreement; and (ii) has not been subject to any undue pressure or influence; (b) may make such inquiries as he thinks fit for the purposes of paragraph (a); and (c) shall, if satisfied as to the matters mentioned in paragraph (a), endorse upon the agreement a certificate to the effect that he has approved it under this section. (Amended 32 of 1985 s. 11) (4) The Commissioner shall not be obliged to be satisfied as to the reasonableness of any consideration payable under an agreement mentioned in this section. (Added 29 of 1983 s. 14) 53. Termination of tenancies (1) A tenancy or sub-tenancy continuing under section 52 (1) shall come to an end when- (a) the tenant or sub-tenant delivers up vacant possession of the premises; (aa) with effect after 18 December 1981, the tenant or sub- tenant of the premises enters into a tenancy or sub-tenancy mentioned in paragraph (n) of section 50 (6) of the same premises; (Added 29 of 1983 s.

15) (b) an order of the Tribunal under subsection (2), (4A) or (4B) takes effect; or (Amended 29 of 1983 s. 15) (c) the tenancy out of which the sub-tenancy was created is itself terminated: Provided that upon such termination this Part shall apply to any tenancy arising under subsection (6A). (Replaced 76 of 1981 s. 36) (1A) Where a tenant or sub-tenant fails to give at least 1 month's notice of his intention to deliver up vacant possession under paragraph (a) of sub-section (1), the landlord or principal tenant shall be entitled to 1 month's rent in place of such notice. (Added 76 of 1981 s. 36) (2) The Tribunal shall not make an order for possession of premises in respect of which there is a tenancy or sub-tenancy continuing under section 52 (1) unless it is satisfied that- (Amended 29 of 1983 s. 15) (a) any rent lawfully due from the tenant or sub-tenant has not been paid or, where any covenant or condition of the tenancy or sub-tenancy has been broken or not performed, such breach or non-performance would, but for this Part, have been a cause of forfeiture; (b) the premises or any part thereof are reasonably required by the landlord or principal tenant for occupation as a residence for himself, his father, his mother or any son or daughter of his over the age of 18: (Amended 29 of 1983 s. 15) Provided that the Tribunal shall not make an order by reason only that the circumstances of the case fall within this paragraph if- (i) in the case of a tenancy, the tenant satisfies the Tribunal that in all the circumstances of the case it would manifestly not be just and equitable to do so; (ii) in the case of a sub-tenancy, the Tribunal is satisfied having regard to all the circumstances of the case, including the question whether other accommodation is available for the principal tenant or the sub-tenant, greater hardship would be caused by granting the order than by refusing it; (Replaced 6 of 1980 s. 5) (c) the landlord or principal tenant intends to rebuild the premises; (d) the tenant or the sub-tenant has caused unnecessary annoyance, inconvenience or disturbance to the landlord or the principal tenant or to any other person: (Amended 39 of 1979 s. 14) Provided that no order shall be made under this paragraph unless the Tribunal is satisfied that the annoyance, inconvenience or disturbance had continued after a warning in writing had been served by the landlord or principal tenant on the tenant or sub-tenant causing the same; (Amended 93 of 1975 s. 14) (e) the tenant- (i) in the case of a tenancy to which this Part applied immediately prior to 18 December 1979, has at any time after 14 December 1973; and (ii) in any other case, has at any time after 18 December 1979, in breach of the contractual tenancy sublet the whole or any part of the premises of which he is the tenant; (Replaced 6 of 1980 s. 5) (f) the tenant or sub-tenant has used, or has suffered or permitted the use of, the premises of which he is the tenant or sub-tenant or any part thereof, for an immoral or illegal purpose; (Added 6 of 1980 s. 5) (g) the tenant or the sub-tenant has entered into an endorsed agreement mentioned in section 52A and has failed to deliver up vacant possession under that agreement; or (Added 29 of 1983 s. 15) (h) the tenant has sublet the whole or any part of the premises of which he is tenant and does not occupy any part of the premises as his dwelling.

(Added 29 of 1983 s. 15) (2A) (a) For the purposes of subsection (2) (b)- "landlord or principal tenant" includes one or more landlords or principal tenants, holding the premises jointly or in common, with the other landlord or landlords or principal tenant or tenants so holding assenting to an order for possession; and "his father, his mother or any son or daughter of his" includes the father, mother, son or daughter of one or more landlords or principal tenants, holding the premises jointly or in common, with the other landlord or landlords or principal tenant or tenants so holding assenting to an order for possession. (Added 29 of 1983 s. 15) (b) For the purpose of subsection (2) (d), a tenant or sub-tenant who persistently fails to pay rent as and when it falls due may be regarded as causing unnecessary inconvenience to the landlord or principal tenant, as the case may be. (Added 39 of 1979 s. 14) (3) For the purposes of subsection (2) (e) or (2) (h), where a landlord establishes a prima facie case that there has been an apparent change in the occupancy of the premises or of any part thereof, the tenant shall be deemed to have sublet such premises or such part unless he satisfies the Tribunal to the contrary. (Amended 29 of 1983 s. 15) (4) (a) An order for possession under subsection (2) shall take effect on such date as the Tribunal may order: Provided that- (i) in a case where a person acquires a right which, but for section 52 and this section, would entitle him to occupy premises which are subject to a tenancy or sub-tenancy and the Tribunal makes an order for possession on the grounds mentioned in subsection (2) (b) before the expiry of a period of 12 months from the date of the acquisition, the Tribunal shall not make the order to take effect either earlier than 12 months or later than 18 months from the date of the acquisition; and (ii) in any other case, the Tribunal shall not make an order for possession to take effect later than 6 months from the date of the order.

(b) Subparagraph (i) of paragraph (a) shall not have effect in relation to a case where a person entered into an enforceable contract to acquire the right mentioned in that paragraph before 19 June 1981; and in that case subparagraph (ii) of paragraph (a) shall apply.

(c) When making an order for possession under subsection (2), the Tribunal may also order the payment of rent or mesne profits. (Replaced 52 of 1981 s. 5) (d) When making an order for possession under subsection (2) (b), the Tribunal shall specify the name of the person for whose occupation it is satisfied the premises are required. (Added 29 of 1983 s. 15) (4A) Subject to subsection (2) (b), where an application for an order for possession is made on the ground mentioned in that subsection and the Tribunal is satisfied that only part of the premises is reasonably required, the Tribunal shall- (a) in a case where any tenant or sub-tenant is willing to remain in possession of the remainder of the premises in terms of an order made under subparagraph (ii)- (i) make an order for possession of such part of the premises as the Tribunal thinks fit having regard to those reasonable requirements and all the circumstances of the case; and (ii) make such orders under subsection (4B) in relation to the remainder of the premises as it thinks fit; or (b) in any other case, make an order for possession of the whole of the premises. (Added 29 of 1983 s. 15) (4B) Notwithstanding subsections (5), (6) and (6A), where the Tribunal makes an order for possession under subsection (4A) in relation to only part of the premises, it may, in relation to the remainder of the premises- (a) apportion that remainder for occupation by the tenant and any sub- tenant, by the tenant alone or by any sub-tenant alone as may be just and equitable; (b) having regard to the terms and conditions of the existing tenancy or sub-tenancy and subsection (6B) (b), fix the terms and conditions of the tenancy or sub-tenancy under which the remainder apportioned under paragraph (a) shall be occupied. (Added 29 of 1983 s. 15) (5) Where a tenant has, in breach of the contractual tenancy, sublet the whole or any part of the premises, an order for possession of the premises under subsection (2) against the tenant shall also operate as an order for possession against the sub-tenant whether or not that sub-tenant is a party to the proceedings in which that order is granted. (Replaced 76 of 1981 s. 36. Amended 40 of 1984 s. 19) (6) Where a tenant has, without breach of the contractual tenancy, sublet the whole or any part of the premises, the Tribunal shall not make any order for possession under subsection (2) against the subtenant unless- (a) the Tribunal makes the order on the ground mentioned in paragraph (b) or (c) of subsection (2); or (b) the Tribunal is satisfied that, if the application had been by the tenant for an order for possession against the sub-tenant, the tenant would have been entitled to such an order. (Replaced 76 of 1981 s. 36) (6A) Where the Tribunal makes an order for possession against the tenant but does not make an order for possession against a sub-tenant to whom the premises or any part has been sublet, the subtenant shall become the tenant of the landlord on the same terms, subject to this Part, as the sub-tenant held from the principal tenant: Provided that, where a part only of the premises would remain in the possession of a sub-tenant or sub-tenants if an order were made under this sub-section, the Tribunal, on the application of the landlord, shall, either, order the sub-tenant or the sub-tenants jointly to accept a tenancy of the whole premises on the same terms, subject to this Part, as the principal tenant held from the landlord or make an order for possession of the whole premises. (Added 76 of 1981 s. 36) (6B) (a) Any tenancy or sub-tenancy arising under subsections (4A) and (4B) or subsection (6A) shall be a tenancy or sub-tenancy to which this Part applies and which is continuing under section 52 (1).

(b) Where a sub-tenant becomes the tenant of a landlord under subsections (4A) and (4B) or subsection (6A), any subletting on or after 10 June 1983 under that tenancy by that tenant, without the written permission of the landlord, shall be in breach of the contractual tenancy.

(c) For the purposes of section 64, the date of a tenancy or sub-tenancy arising under subsections (4A) and (4B) shall be the date of the order of the Tribunal.

(d) Section 64 shall have effect in relation to a tenancy arising under subsection (6A) as it would have had effect in relation to the sub-tenancy from the principal tenant if that sub-tenancy had continued. (Added 29 of 1983 s. 15) (6C) (a) Where a landlord believes that a tenant may have, without breach of the contractual tenancy, sublet the whole or any part of the premises and the landlord is unable, with reasonable diligence, to ascertain the identity of any such sub-tenant, the Tribunal may, on an exparte application by the landlord, make an order calling upon any subtenant to give notice to the landlord of his interest in the premises and may give directions regarding the service of that order.

(b) Where any sub-tenant fails, within the period specified in the order mentioned in paragraph (a), to give notice to the landlord of his interest in the premises, the Tribunal may, when it makes an order for possession of the premises against the tenant, also make an order for possession against any sub-tenant. (Added 40 of 1984 s. 19) (7) Subject to subsection (7A), a person- (a) who has obtained an order for possession of premises under subsection (2) (b) or (c) shall not for a period of 24 months after the date of that order- (i) let the premises or any part thereof; or (ii) assign, transfer or part with possession of the premises or any part thereof except, in a case of an order for possession under subsection (2) (c), where the assignment, transfer or parting with possession is solely to facilitate the rebuilding of the premises; and (b) who has obtained an order for possession under subsection (2) (b) shall not for a period of 24 months after the date of that order use, or allow the use of, the remises or any part thereof other than as a residence for the person for whose occupation the Tribunal was satisfied the premises were required under that subsection. (Replaced 29 of 1983 s.

15) (7A) (a) Where an applicant has obtained an order for possession under subsection (2) (b) or (c)- (i) the Tribunal may authorize him to let, assign, transfer or part with possession of the premises or any part thereof or use, or allow the use of, the premises or any part thereof other than as a residence for the person for whose occupation the Tribunal was satisfied the premises were required under subsection (2) (b); and (ii) the Commissioner may, on an application accompanied by such fee as may be determined by the Financial Secretary, authorize the applicant to let the premises or any part thereof for a particular purpose and for a term not exceeding 1 year or to use, or allow the use of, for a period not exceeding 1 year, the premises or any part thereof for a particular purpose other than as a residence for the person for whose occupation the Tribunal was satisfied the premises were required under subsection (2) (b). (Amended 29 of 1983 s. 15; 32 of 1985 s. 12) (b) The Tribunal or Commissioner, when granting an authority under paragraph (a) to let, shall specify the terms, including the rent, on which the premises or the part may be let: Provided that the rent shall not be more than that payable by the tenant or sub-tenant last in possession. (Replaced 76 of 1981 s. 36) (7B) Without prejudice to subsection (8), a person who contravenes subsection (7) commits an offence and is liable on conviction on indictment to a fine of $ 500,000 and in addition, on a second or subsequent conviction, to imprisonment for 12 months, and in any case to forfeit a sum not exceeding the equivalent of- (a) in the case of a contravention of subsection (7) (a) (i), 2 years' rent calculated at the rate at which the premises were let without the authority of the Tribunal or the Commissioner; or (b) in the case of a contravention of subsection (7) (a) (ii), the difference at the date of the contravention between the market value of the premises with vacant possession and the market value of the premises with the former tenant or sub-tenant in possession. (Added 6 of 1980 s.

5. Amended 29 of 1983 s. 15) (7C) Any court which sentences a person for an offence under subsection (7B) may, in addition to imposing a penalty under that subsection, make an order under subsection (8) after hearing the former tenant or sub-tenant and the defendant. (Added 6 of 1980 s. 5) (7D) (Repealed 29 of 1983 s. 15) (7E) A letting, assignment, transfer or parting with possession of premises or any part thereof shall not be void, voidable or unenforceable by reason only of a contravention of subsection (7). (Added 76 of 1981 s.

36) (7F) Where, in an application for possession of premises under subsection (2), the applicant alleges a ground mentioned in paragraph (b) or (c) of subsection (2) and- (a) an order for possession is granted with the consent of the tenant or sub-tenant; or (b) the application does not proceed and the tenant or sub-tenant consents to deliver up vacant possession of the premises, the applicant shall be deemed, for the purposes of subsections (7), (7G) and (8), to have obtained an order for possession under paragraph (b) or (c) of subsection (2); and, in a case mentioned in paragraph (b) of this subsection and for the purposes of fixing the commencement of the period mentioned in subsection (7), the date of the order shall be deemed to be the date upon which the application for possession is issued from the Tribunal. (Added 76 of 1981 s. 36) (7G) Any applicant who has obtained an order for possession under paragraph (b) or (c) of subsection (2) shall be presumed, until the contrary is shown, to have knowledge of that order, or the application for possession, of the grounds alleged upon which the order was obtained, of the outcome of the application and of any consent given by the tenant or sub-tenant in connection with the order or the delivery of vacant possession. (Added 76 of 1981 s. 36) (8) Where a landlord or principal tenant has obtained an order for possession of the premises under subsection (2) and it is subsequently made to appear to the Tribunal that the order was obtained by the misrepresentation or concealment of material facts or where such landlord or principal tenant is shown to have acted in contravention of subsection (7), the Tribunal or, as the case may be, the court referred to in subsection (7C) may order the landlord or principal tenant to pay to the former tenant or sub-tenant such sum as it thinks fit by way of compensation for damage or loss sustained by that tenant or sub-tenant as a result of the order. (Amended 32 of 1985 s. 12) [cf. U.K. 1968 c. 23 s.

19] (9) Where a tenant or sub-tenant successfully opposes an order for possession of the premises under subsection (2) and it is subsequently made to appear to the Tribunal that the opposition was successful by reason of the misrepresentation or concealment of material facts, the Tribunal may order the tenant or sub-tenant to pay to the landlord or principal tenant such sum as it thinks fit by way of compensation for damage or loss sustained by the landlord or principal tenant as a result of that opposition. (Added 76 of 1981 s. 36) (Amended 76 of 1981 s. 36) 53A. Restriction on order for possession for rebuilding (1) The Tribunal shall not make an order for possession of premises on the ground mentioned in paragraph (c) of section 53 (2) unless, in addition, it is satisfied that- (a) the rebuilding will result in an increase in the number of dwellings or in accommodation for domestic use or in accommodation for other than domestic use; and, if for other than domestic use, the site of the premises is suitable for the intended use; or (b) the rebuilding is in the public interest; or (c) the expenditure required to restore or repair the premises would not be economically reasonable, and, where the approval or authority of any person is required in respect or the rebuilding, the Tribunal may- (i) state that it is satisfied