A440
Ord. No. 76/81
Amendment of
section 508.
Amendment of section 51.
Amendment of section 52.
LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) (NO. 2)
(b) by inserting, immediately after paragraph (m), the foll
paragraph-
"(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.".
33. Section 50B of the principal Ordinance is amended by deleting "Lands" where it appears in subsections (1) and (3).
34. Section 51 of the principal Ordinance is amended-
(a) in paragraph (d) of subsection (2), by deleting "court" and sub-
stituting the following-
"Tribunal";
(b) in subsection (6), by inserting, after "shall", the following-
", for all purposes, including an application under subsection (8),"; and
(c) by deleting subsections (8) and (9) and substituting the following
subsection--
"(8) Any person aggrieved by a decision of the Commis- sioner under subsection (5) or (7) may appeal to the Tribunal within 1 month, from the date of service of the certificate or, as the case may be, notice, and the Tribunal may determine whether or not the tenancy or sub-tenancy is a domestic tenancy or domestic sub-tenancy for the purposes of this Part.".
35. Section 52 of the principal Ordinance is amended by deleting subsection (1) and substituting the following subsections-
"(1) Where the contractual period of a tenancy or sub-tenancy, whether created before 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) and section 53, come to an end during the continuance in force of this Part.
(IA) During the continuation of the tenancy or sub-tenancy under subsection (1), the parties shall be bound by the terms and conditions of the contractual tenancy or sub-tenancy except to the extent that they are varied under, or are inconsistent with, this Part.
(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.
(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).
(1D) A tenancy or sub-tenancy shall not continue under subsec tion (1) where the tenant or sub-tenant delivers up vacant possession on termination of the contractual period of the tenancy or sub- ⚫tenancy.".
LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) (NO. 2)
Ord. No. 76/81
A441
6. Section 53 of the principal Ordinance is amended- (a) by deleting subsection (1) and substituting the following sub-
section-
"(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 posses-
sion of the premises;
(b) an order of the Tribunal under subsection (2) takes
effect; or
(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 sub- section (6A).";
(b) by inserting, immediately after subsection (1), the following sub-
section-
"(1A) Where a tenant or sub-tenant fails to give at least 1 month's notice of his intention to deliver up vacant posses- sion under paragraph (a) of subsection (1), the landlord or principal tenant shall be entitled to 1 month's rent in place of such notice.";
(c) in subsection (2)—
(i) by deleting “A court" and substituting the following-
"The Tribunal";
(ii) in the proviso to paragraph (b), by deleting "court" from the three places where it appears and substituting the following-
"Tribunal";
(iii) in paragraph (d)—
(A) by deleting ", principal tenant or to the occupants of the premises, as the case may be" and substituting the follow- ing-
"or the principal tenant or to any other person"; and (B) in the proviso, by deleting "court" and substituting the following-
"Tribunal"; and
(iv) in paragraph (e), by deleting "without the consent in writing of the landlord" and substituting the following-
"in breach of the contractual tenancy";
(d) in subsection (3), by deleting "court" and substituting the follow-
ing-
"Tribunal";
(e) in subsection (4), by deleting "court" from the five places where
it appears and substituting the following-
"Tribunal";
(f) by deleting subsections (5) and (6) and substituting the following
subsections-
"(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 posses- sion against the sub-tenant.
Amendment of section 53.