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LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE (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 (Repealed 93 of 1975 s. 11) PART II TENURE AND RENT OF DOMESTIC PREMISES Interpretation and Application 49.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other than a Crown lessee, who has sublet the whole or any part or parts thereof as a separate holding or holdings; "repealed Part II" means Part II of the Ordinance repealed by section 2 of the Landlord and Tenant (Consolidation) (Amendment) (No. 2) Ordinance 1973 (78 of 1973); "tenancy" includes an agreement for a tenancy;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 as mentioned in paragraph (c) of section 53 (2) and this subsection, if that be the case; (ii) postpone the hearing of the application to enable the landlord or principal tenant to apply for that approval or authority; and (iii) if that approval or authority is obtained, but not otherwise, make an order for possession of the premises.

(2) Where the Tribunal grants an order for possession on the grounds mentioned in paragraph (c) of section 53 (2), it may impose any reasonable condition on the landlord in relation to his intention to rebuild the premises and shall order that compensation be paid to the tenant and- (a) that plans of the new building showing the number and size of any dwellings to be erected be lodged with the Tribunal and that the new building be erected to provide that number of dwellings; and (b) that the rebuilding work (including any demolition that is required) be commenced, and the new building be ready for occupation, on the dates ordered. (Amended 29 of 1983 s. 16; 32 of 1985 s. 13) (2A) 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 subsection (2). (Added 29 of 1983 s. 16) (3) The Commissioner shall cause an order of the Tribunal under this section to be registered by memorial in the Land Registry against the premises affected and the conditions imposed under subsection (2) shall be binding on and enforceable against any successors in title to the landlord. (Amended 8 of 1993 s. 2) (4) (a) The compensation ordered by the Tribunal under subsection (2) shall be the sum of- (i) an amount equal to twice the rateable value of the premises; (ii) an amount equal to the expenditure actually and reasonably incurred or to be reasonably incurred by the tenant and any sub-tenant in respect of the packing, removal and transportation within Hong Kong of the furniture and movable property kept in the premises; and (iii) an amount equal to the loss actually and reasonably incurred or to be reasonably incurred by the tenant and any sub-tenant in respect of carpets curtains and fittings. (Replaced 40 of 1984 s. 20) (b) Where a tenant has sublet premises or any part of premises, the compensation payable under this subsection shall be apportioned by the Tribunal so that a sub-tenant shall be entitled to receive a portion of the compensation payable under paragraph (a) which is just and equitable.

(Amended 40 of 1984 s. 20) (c) Where it appears that premises or any part of premises is sublet, the Tribunal may call upon the Commissioner for a certificate as to which part of the premises is occupied by a sub-tenant and such a certificate purporting to be signed by or on behalf of the Commissioner shall be admissible in evidence for the purposes of paragraph (b) upon its mere production without further proof, subject to the right of any party, including any sub-tenant, to cross-examine the Commissioner or a public officer in his department nominated by the Commissioner for that purpose.

(d) For the purposes of this subsection- "premises" means the subject matter of a tenancy; and "rateable value" has the meaning given to that phrase by section 50 (10).

(e) The method of calculating the compensation mentioned in paragraph (a) may be amended by resolution of the Legislative Council. (Replaced 40 of 1984 s. 20) (5) (a) Where there is a breach of a condition imposed under paragraph (a) of subsection (2) which results in fewer dwellings or less accommodation being erected than appeared in the plans lodged, the Tribunal may, on the application of the Commissioner, impose a penalty of a sum not exceeding what would have been the market value, at the time of the imposition, of the building if it had been erected in accordance with the plans.

(b) Where there is a breach of a condition imposed under paragraph (b) of subsection (2), the Tribunal may, on the application of the Commissioner, - (i) where the applicant for an order for possession holds the premises under a Crown lease or other tenancy from the Crown, decree such breach to be a breach of covenant in the Crown lease or of a condition or stipulation in the tenancy and a right of re-entry under the Crown Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126) shall accrue to the Crown; or (ii) in any case, impose a penalty not exceeding the market value of the premises at the time of the imposition of the penalty.

(c) Where there is a breach of any other condition imposed under subsection (2), the Tribunal may, on the application of the Commissioner, impose a penalty of a sum not exceeding $ 500,000.

(6) In this section, "dwelling" has the meaning given to that phrase by section 50C (1). (Added 76 of 1981 s. 37) Increases in Rent 54. (Repealed 40 of 1984 s. 21) 55. Alterations in rent by agreement (1) Where an alteration in rent is agreed between a landlord and a tenant the landlord shall lodge with the Commissioner a notice thereof in triplicate in the specified form signed by both the landlord and tenant.

(Amended 6 of 1980 s. 7; 29 of 1983 s. 18; 32 of 1985 s. 14) (1A) A notice under subsection (1) shall not be valid unless- (a) (i) it is signed by the tenant not earlier than 1 month before the date on which it is lodged with the Commissioner; and (ii) the alteration of rent to which it relates takes effect neither earlier than 1 month before, nor later than 6 months after, the date on which the notice is so lodged; or (b) the notice is endorsed by the Commissioner, the application for which endorsement shall be accompanied by a fee of $ 500, to the effect that he is satisfied that the tenant understands the effect of the alteration in rent and has not been subject to any undue pressure or influence.

(Replaced 40 of 1984 s. 22. Amended 32 of 1985 s. 14) (2) Where a notice is lodged with the Commissioner under subsection (1), he shall record the agreement concerning the alteration in rent and shall endorse free of charge on 2 copies of the notice a statement to that effect and shall return 1 copy to the landlord and 1 copy to the tenant. (Amended 29 of 1983 s. 18) (3) Where there is an increase in rent under an agreement mentioned in sub-section (1), a landlord shall not be entitled to maintain an action to recover rent at the increased rate unless a valid notice mentioned in that subsection is endorsed by the Commissioner under subsection (2). (Replaced 40 of 1984 s. 22) (4) The security of tenure afforded to a tenant under section 52 (4) (a) shall apply where the rent payable by the tenant is increased by agreement, notwithstanding the failure of the landlord to lodge notice thereof under subsection (1).

(5) Where, on 18 December 1979, a tenant was in possession of premises under a tenancy agreement which provided for the rent payable by the tenant to be varied during the term of the tenancy by reference to fixed and ascertained periods of time, any alteration in rent pursuant to that tenancy agreement shall take effect as if this section had not been enacted, save that where the alteration takes effect on or after 18 December 1979 the security of tenure afforded to a tenant by section 52 (4) (a) shall extend to such tenancy as if the rent had been altered under this Part. (Replaced 6 of 1980 s. 7. Amended 29 of 1983 s.

18) 55A. Increase in rent on account of improvements (1) Where the landlord of any premises incurs expenditure of $ 5,000 or more on improvements to such premises, the landlord may, subject to subsection (2), increase the rent payable in respect of those premises by 20% per annum of the amount expended on the improvements.

(2) Where 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 be not earlier than the first day when rent becomes due after the expiry of one month from the service of the notice.

(4) 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.

(5) Subject to subsection (6), 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 (2) may be aggregated.

(6) No account shall be taken of- (a) (i) in the case of a tenancy of premises to which this Part applied prior to 18 December 1979, expenditure incurred prior to 9 July 1976; (ii) in any other case, expenditure incurred prior to 18 December 1979; (Replaced 6 of 1980 s. 8) (b) expenditure in respect of which an increase in rent has previously been made under this section.

(7) Where a landlord serves on a tenant a notice of increase under subsection (2), the landlord shall send a copy of that notice to the Commissioner.

(8) A tenant on whom a notice of increase in rent is served under this section 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 sub-tenants) 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 (4), that the apportionment was unreasonable, and the Tribunal may make an order accordingly. (Amended 76 of 1981 s. 40) (9) In this section- "improvement" includes structural alteration, extension of addition and the provision or additional fixtures and fittings, but does not include anything done by way of decoration or repair; "landlord" includes principal tenant; "tenant" includes sub-tenant.

(Added 56 of 1976 s. 5) [cf. 1968 c. 23 ss. 25 & 38 U.K.] 56. Increase in rent on account of rates (1) Where- (a) a landlord bears the rates in respect of any premises the subject of a tenancy and there is an increase in the amount of rates payable; or (b) rates are imposed in respect of any such 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 purpose 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. 19) (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. 19) (Replaced 10 of 1975 s. 9) 56A. Increase in rent following apportionment (1) Where section 56 (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, if he cannot agree with the tenant an increase in rent of the tenancy, 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 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 56, by the amount shown in the certificate.

(Added 10 of 1975 s. 10. Amended 93 of 1975 s. 15) 57. Application for certificate of increase in rent (1) Where a landlord wishes to increase the rent payable by his tenant, he may apply to the Commissioner for a certificate.

(2) An application under subsection (1) shall be made by sending a notice in duplicate in the specified form to the Commissioner.

(3) Where the Commissioner is of the opinion that, having regard to section 64, no increase in rent is due, or such increase in rent is not due within a period of 6 months from the date of receipt of the application under subsection (1), he may decline to deal with such application or defer dealing with such application until it appears to him that the increase in rent is due within a period of 6 months.

(4) Subject to subsection (3), upon receipt of an application under subsection (1) the Commissioner shall serve a copy thereof on the tenant.

(5) Within 14 days of service on him under subsection (4) of a copy of the landlord's application the tenant may send his representations thereon in writing to the Commissioner.

(6) Where the Commissioner receives representations from a tenant under subsection (5) which indicate that the tenant disputes any fact set out in the application of the landlord, he shall determine the facts in dispute and shall then deal with the application in accordance with section 58.

(For savings and transitional provisions see 39 of 1979 s. 25 (2)) 58. Certificates of increase in rent (1) Where a landlord applies for a certificate under section 57, the Commissioner shall- (a) if satisfied that the prevailing market rent exceeds the current rent paid by the tenant, issue free of charge and serve on the landlord and on the tenant certificates in the specified form stating the amount, as ascertained in accordance with subsection (2), by which the current rent may be increased; or (b) if not satisfied that the prevailing market rent exceeds the current rent paid by the tenant, issue free of charge and serve on the landlord and on the tenant certificates in the specified form to that effect, and he 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 section 57 (6). (Amended 5 of 1975 s. 2; 29 of 1983 ss. 20 & 46) (2) The amount mentioned in subsection (1) (a) shall be- (a) the difference between the prevailing market rent and the current rent; or (b) 30% of the current rent, whichever is the lesser: Provided that where the sum of the amount so ascertained and the current rent is less than 70% of the prevailing market rent, the amount shall be the difference between 70% of the prevailing market rent and the current rent. (Replaced 29 of 1983 s. 20. Amended 40 of 1984 s. 23; 32 of 1985 s.

15; 37 of 1986 s. 3; L.N. 235 of 1989; L.N. 237 of 1990) (N.B.: L.N. 235 of 1989 contains a transitional provision) (2A) Any cents in the amount ascertained or adjusted in accordance with subsection (2) shall be disregarded. (Added 29 of 1983 s. 20) (3) The percentages mentioned in subsection (2) may be amended by resolution of the Legislative Council. (Replaced 29 of 1983 s. 20. Amended 40 of 1984 s. 23) (4) Where a certificate has been issued under subsection (1) (b) in relation to any premises, no further application under section 57 in respect of those premises shall be made by the person to whom the certificate has been issued before the expiration of 1 year from the date of service of the certificate.

(5)-(6) (Repealed 6 of 1980 s. 9) 59. Review (1) Where the Commissioner issues a certificate under section 58, the landlord or the tenant may within 14 days of service on him of the certificate apply to the Commissioner by notice in duplicate in the specified form for a review of the certificate.

(2) On receipt of an application under subsection (1) and such fee as may be determined by the Financial Secretary, the Commissioner shall review his certificate issued under section 58 and, after giving both parties the opportunity of making written submissions, he may affirm the certificate or cancel it and issue a new certificate under that section, and shall serve a notice of his decision on the parties. (Replaced 76 of 1981 s. 41. Amended 32 of 1985 s.

16; 77 of 1988 s. 6) (3) (Repealed 32 of 1985 s. 16) (4) The Commissioner may, at the time of any review under subsection (2), determine the date from which any increase in rent shall take effect, and, if he makes such determination, shall include such determination in the notice of decision served under subsection (2). (Replaced 76 of 1981 s.

41. Amended 77 of 1988 s. 6) 60. Appeal Any person aggrieved by a decision of the Commissioner under section 59 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.

(Replaced 76 of 1981 s. 42. Amended 77 of 1988 s. 7) 61. Notices of increases (1) Unless the Commissioner has made a determination under section 59 (4) or the Tribunal has made an order under section 60 regarding the date from which an increase in rent shall take effect, an increase in rent specified in a certificate issued under section 58 (1) (a) 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 date from which the increase is to take effect. (Amended 5 of 1975 s. 5; 77 of 1988 s. 8) (2) Where a landlord serves a notice of increase on the tenant under subsection (1) he shall, at the same time, send a copy of the notice to the Commissioner.

(3) The date specified in a notice under subsection (1) shall not, subject to section 64, be earlier than the first day when rent becomes due after the expiration of 1 month from the service of the notice.

(4) Notwithstanding this section, where proceedings on a review under section 59 or an appeal under section 60 are not concluded on the date specified in a notice under subsection (1), the failure by the tenant or sub-tenant to pay the increase in rent prior to the conclusion of such proceedings shall not be a breach of covenant to pay rent nor give rise to a right to forfeiture.

62. Application of certain sections to sub-tenancies Sections 55, 57, 58, 59, 60 and 61 shall apply to a sub-tenancy and any references therein to landlord and tenant shall be construed, for this purpose, as references to principal tenant and sub-tenant respectively.

(Replaced 76 of 1981 s. 43. Amended 40 of 1984 s. 24) 63. 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 tenancy out of which a sub-tenancy has been created and there is an increase in the amount of rates payable; (b) rates are imposed in respect of any premises the subject of a tenancy out of which a sub-tenancy has been created and the principal tenant bears those rates; or (c) the rent of a tenancy has been increased under section 56 or 56A and a sub-tenancy has been created out of that tenancy, the principal tenant may, if he cannot agree with the sub-tenant an increase in rent of the sub-tenancy, apply to the Commissioner in the specified form for a certificate under subsection (2).

(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. 21) (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 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.

(3) Where the Commissioner has served a certificate under subsection (2), the rent of the sub-tenancy may be increased by the amount shown in the certificate, but the increase in rent 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 date from which the increase is to take effect.

(4) The date specified in a notice of increase under subsection (3) shall be not earlier than- (a) the date from which the increased rates or the rates imposed, as the case may be, are payable; (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. 21) (Replaced 10 of 1975 s. 11) 63A. Increase in rent of sub-tenancy on account of improvements (1) Where the rent of a tenancy has been increased under section 55A and a sub-tenancy has been created out of that tenancy, the principal tenant may, subject to subsection (3), increase the rent payable by the sub- tenant by such appropriate amount as may be agreed between them.

(2) In the absence of any agreement between the principal tenant and his sub-tenant under subsection (1), the Commissioner may, on an application in the specified form, determine the amount by which the rent payable by the sub-tenant is to be increased, and after any such determination, shall serve a notice of his determination on both parties. (Replaced 77 of 1988 s. 9) (3) Where the rent payable by a sub-tenant is increased following a determination of the Commissioner 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 increase and the date from which it is to take effect.

(4) The date specified in a notice of increase under subsection (3) shall be such date as shall be determined by the Commissioner.

(5) Where a principal tenant serves on a sub-tenant a notice of increase under subsection (3), the principal tenant shall send a copy of that notice to the Commissioner.

(6) Any person aggrieved by the determination of the Commissioner under subsection (2) may, within 1 month of the service of the notice of determination under subsection (2), appeal to the Tribunal which may make such order thereon as it thinks fit. (Added 76 of 1981 s. 44. Amended 77 of 1988 s. 9) (Added 56 of 1976 s. 7. Amended 76 of 1981 s. 44) 64. Effective date for increases (1) No increase in rent in any tenancy pursuant to a certificate under section 58 or 59 or to an order of the Tribunal under section 60 or in any sub-tenancy under section 62 shall take effect within a period of 2 years from- (Amended 76 of 1981 s. 45) (a) the date on which the rent of the tenancy or sub-tenancy was last increased, whether or not such increase was by agreement; or (b) the date of the tenancy or sub-tenancy, whichever is the later. (Replaced 6 of 1980 s. 11) (2)-(4) (Repealed 6 of 1980 s. 11) (5) Where a tenancy or sub-tenancy was created after 18 December 1979 or, in the case of a tenancy or sub-tenancy to which this Part applied immediately before that date, at any time after 14 December 1973 or where the rent of a tenancy or sub-tenancy has been increased under section 55 or pursuant to a certificate under section 58 or 59 or an order of the Tribunal under section 60, or under section 62 and the rent of the tenancy or sub-tenancy has been increased or further increased pursuant to a certificate under section 58 or 59 or an order of the Tribunal under section 60, or under section 62, no order shall be made for the recovery of any increased rent or for the recovery of possession for non-payment thereof unless the landlord or principal tenant satisfies the court that 2 years has or will have elapsed between the commencement of the tenancy or sub-tenancy or the previous increase in rent and the date on which the increase or further increase takes effect. (Amended 6 of 1980 s. 11; 76 of 1981 s. 45) (6) For the purposes of this section rent shall, until the contrary is proved, be deemed to have been increased if the tenant or sub- tenant has made any payments, other than rates, to the landlord or the principal tenant, and such additional payments have been made as a condition of the right to occupation of the premises.

(7) Any increase in rent under section 55A or 63A shall not be an increase in rent for the purposes of this section. (Added 29 of 1983 s. 22) 65. Provision of rent receipts (1) A landlord shall give to his tenant, and a principal tenant shall give to his sub-tenant, at the time that the tenant or sub-tenant pays his rent, a receipt for the amount of rent paid and the receipt shall contain- (a) the name and address of the landlord or principal tenant or the agent thereof, as the case may be; (b) the period in respect of which such rent was paid; and (c) the date of payment.

(2) A landlord or principal tenant who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $ 2,000.

66. Obligation to notify subletting of premises (1) Where the whole or any part of any premises is sublet, the tenant of the premises shall, within 14 days of being so required by his landlord, supply his landlord with a statement in writing of the subletting showing- (Amended 6 of 1980 s. 12; 32 of 1985 s. 17) (a) the name of the sub-tenant; (b) the part of the premises occupied by the sub-tenant; (c) the rent payable by the sub-tenant; and (d) the date of first occupation by the sub-tenant. (Replaced 5 of 1975 s.

6) (2) A tenant who is required to supply a statement in accordance with subsection (1) and who, without reasonable excuse- (a) fails to supply a statement; or (b) supplies a statement which is false in any material particular, shall be guilty of an offence and shall be liable on conviction to a fine of $ 2,000.

67. (Repealed 29 of 1983 s. 23) General 68. Proceedings in, and jurisdiction of, court or Tribunal (1) Subject to subsections (1A) and (2), neither the Commissioner nor any public officer employed in the Rating and Valuation Department shall be called to give evidence in proceedings before the court or the Tribunal and no subpoena shall be issued against the Commissioner or such public officer. (Amended 93 of 1975 s. 17; 76 of 1981 s. 46) (1A) The Commissioner or any public officer employed in the Rating and Valuation Department may be called to give evidence in any proceedings under sections 51 (8), 53, 53A and 60. (Added 93 of 1975 s. 17. Amended 76 of 1981 s. 46) (2) Notwithstanding subsection (1), a subpoena duces tecum may be issued against the Commissioner requiring him to produce in any proceedings an application under section 51 (4), 51 (4A), 56A (1), 57 (1), 59 (1) or 63 (1), and a subpoena issued under this subsection shall be deemed to be complied with by the production of any document specified in the subpoena by any public officer employed in the Rating and Valuation Department.

(Amended 10 of 1975 s. 13; 39 of 1979 s. 16; 76 of 1981 s. 46) (3)-(5) (Repealed 76 of 1981 s. 46) (6) The court shall have the jurisdiction conferred on it by this Part notwithstanding anything in the District Court Ordinance (Cap. 336).

(7) Subject to section 68A, any determination or order, other than a conviction, of the court or the Tribunal under this Part shall be final.

(Replaced 93 of 1975 s. 17. Amended 76 of 1981 s. 46) 68A. Appeal on point of law (1) Any party to proceedings before the court or the Tribunal may appeal to the Court of Appeal against a determination or order other than a conviction of the court or the Tribunal on the ground that such determination or order is erroneous in point of law. (Amended 92 of 1975 s. 59; 76 of 1981 s. 47) (2) An appeal under this section shall be- (a) in the case of an appeal from the court, subject to any rules made under the Supreme Court Ordinance (Cap. 4); and (b) in the case of an appeal from the Tribunal, subject to the provisions of, and any rules made under, the Lands Tribunal Ordinance (Cap. 17).

(Replaced 76 of 1981 s. 47) (Added 93 of 1975 s. 18) 68B. 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. 48) 69. (Repealed 76 of 1981 s. 49) 70. 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; (Amended 40 of 1984 s. 25) (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; (ca) 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; (Added 40 of 1984 s. 25) (d) 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 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. (Replaced 29 of 1983 s. 24) (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.

70A. 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 70 (1) (a); (b) refuses or neglects to exhibit any document he is required to exhibit under section 70 (1) (b); (c) refuses to allow the Commissioner to take copies of any document exhibited under section 70 (1) (b); or (d) obstructs or evades the exercise of any power under section 70 (1) (c), (ca) or (d), (Replaced 40 of 1984 s. 26) commits an offence and is liable to a fine of $ 10,000 and to imprisonment for 3 months. (Added 29 of 1983 s. 25. Amended 40 of 1984 s. 26) (2) Where the Commissioner is frustrated or obstructed in the exercise of any power under section 70 (1) (c), (ca) or (d), 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.

(Added 40 of 1984 s. 26) (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. (Added 40 of 1984 s. 26) (4) In this section, "court" means the District Court, the Tribunal or a magistrate. (Added 40 of 1984 s.

26) 70B. Harassment (1) Any person who unlawfully deprives a tenant or sub-tenant of occupation of any premises 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.

(2) Any person who, with intent to cause a tenant or sub-tenant- (a) to give up occupation of any premises or part of premises; or (b) to refrain from exercising any right or pursuing any remedy in respect of any premises or part of premises, does any act calculated to interfere with the peace or comfort of the tenant or sub-tenant or members of his household or persistently withdraws or withholds services reasonably required for occupation of the premises as a dwelling 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.

(3) Where a person is convicted of an offence under subsection (1) or (2), the court, in addition to passing sentence, may order the person convicted to pay to the tenant or sub-tenant such sum as it thinks fit by way of compensation for damage, loss or inconvenience suffered by the tenant or sub-tenant by reason of the acts constituting the offence and to forfeit to the Crown a sum not exceeding the equivalent of 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 29 of 1983 s. 25) 70C. False statement 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. 27) 71. Forms (1) The Commissioner may specify the forms to be used under this Part.

(2) The Commissioner may publish in the Gazette any form specified by him under subsection (1).

(3) The Commissioner may in his discretion accept any notice or application served on him which is not in the specified form.

72. 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 except a notice under section 55.

(Amended 40 of 1984 s. 28) 73. (Repealed 76 of 1981 s. 50) 74. Service of notice (1) Service of any notice, application, certificate or other document under this Part or of a notice to quit in respect of a periodic tenancy, or sub-tenancy, to which this Part applies may be effected- (Amended 40 of 1984 s. 29) (a) by personal service; (b) by post, addressed to the last known place of business or residence of the person to be served; (Amended 39 of 1979 s. 17; 29 of 1983 s. 26) (c) in the case of service on a tenant or subtenant, by leaving the notice, application, certificate or other document with an adult occupier of the premises in which the tenant or sub-tenant resides and to which such document relates; or (d) by affixing a copy of it to a prominent part of the premises to which it relates. (Added 29 of 1983 s. 26) (2) A certificate purporting to be signed by a person who states in that certificate that he effected service under subsection (1) shall be prima facie evidence of the facts stated therein relating to that service.

(Added 29 of 1983 s. 26) 74A. Saving Nothing in this Part shall- (a) authorize any increase in rent in respect of a tenancy or sub-tenancy which is not a tenancy or sub-tenancy continuing under section 52 (1); or (Replaced 40 of 1984 s. 30) (aa) (Repealed 76 of 1981 s. 51) (b) subject to section 53 (1) (c), (4A), (4B), (5), (6), (6A) and (6B), afford to any subtenant any security of tenure greater than that enjoyed by his principal tenant. (Amended 76 of 1981 s. 51; 29 of 1983 s. 27) 74B. Expiry of this Part (1) Subject to section 52 (4), this Part shall expire at midnight on 31 December 1994. (Amended 56 of 1976 s. 8; 39 of 1979 s. 18; 6 of 1980 s.

14; 52 of 1981 s. 10; 29 of 1983 s. 28; 32 of 1985 s. 18; L.N. 202 of 1987; L.N. 235 of 1989; L.N. 273 of 1991) (2) The Legislative Council may by resolution amend subsection (1) by substituting for the date specified therein such date as may be specified in the resolution. (Added 32 of 1985 s. 18) 74C. Provisions transitional to the enactment of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980 For the avoidance of doubt it is hereby declared that- (a) where prior to 18 December 1979 a tenant or sub-tenant- (i) was in possession of premises under a tenancy or sub-tenancy which became subject to this Part on that date by virtue of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980 (6 of 1980); and (ii) made an agreement with his landlord or principal tenant for a new tenancy or sub-tenancy of the premises to commence on or after 18 December 1979, or for a continuation of the existing tenancy or sub-tenancy at an increased rent to take effect on or after that date, he shall be entitled to the benefits and protection afforded by this Part as if the agreement had not been made; (b) where a tenant or sub-tenant- (i) was immediately prior to 18 December 1979 in possession of premises under a tenancy or sub-tenancy which was subject to this Part, or which became subject to this Part on that date by virtue of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980 (6 of 1980); and (ii) made an agreement with his landlord or principal tenant on or after 18 December 1979 and before the commencement of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980 (6 of 1980) for an increase in rent, the amount of rent recoverable by the landlord or principal tenant shall be the amount so agreed, whether or not any notice has been lodged under section 55; (c) where a tenant or sub-tenant has paid by way of rent any amount which, by virtue of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980 (6 of 1980), is not recoverable by the landlord or principal tenant, the tenant or sub-tenant shall be entitled to recover the amount from the landlord or principal tenant who received it or from his personal representatives.

(Added 6 of 1980 s. 15) (Part II replaced 78 of 1973 s. 2) PART III DISTRESS FOR RENT Interpretation and Application 75. Interpretation In this Part, unless the context otherwise requires- "Collector of Rates" has the meaning assigned to it in section 2 of the Rating Ordinance (Cap. 116); (Added 37 of 1986 s. 4) "court" means the District Court; "rateable value" means- (a) in the case of premises being a tenement included in a valuation list maintained by the Collector of Rates under section 14A of the Rating Ordinance (Cap. 116), the rateable value shown in that list; or (b) in any other case, the rateable value certified under section 75A; (Added 37 of 1986 s. 4) "Registrar" means the Registrar of the District Court; "warrant" means a warrant of distress for arrears of rent.

(Amended 5 of 1924 Schedule; 13 of 1966 Schedule) 75A. Certificate as to rateable value For the purposes of ascertaining the rateable value of any premises in connection with any application under section 101 a certificate purporting to be under the hand of an officer of the Rating and Valuation Department not below the rank of Rent Officer showing in respect of any particular day- (a) in the case of premises being a tenement included in a valuation list maintained by the Collector of Rates under section 14A of the Ration Ordinance (Cap. 116), the rateable value shown in that list; or (b) in any other case, whether or not the rateable value of those premises exceeds the sum mentioned in section 101 (1), shall be admissible in any proceedings on its production and without further proof and shall be prima facie evidence of the facts stated therein.
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