A448
Addition of
new section
68B.
Repeal of
Ord. No. 76/81 LANDLORD AND TENANT (CONSOLIDATION)
(AMENDMENT) (NO. 2)
48. The principal Ordinance is amended by adding, immediately section 68A, the following section-
"Costs.
68B. 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 vexa- tious manner.".
49. Section 69 of the principal Ordinance is repealed.
50. Section 73 of the principal Ordinance is repealed.
section 69.
Repeal of
section 73.
Amendment of
section 74A.
51. Section 74A of the principal Ordinance is amended-
Repeal and
replacement of Part IV.
(a) by deleting paragraph (aa);
(b) in paragraph (b), by deleting "and (6) and section 62" and
substituting the following-
46
(6) and (6A)"; and
(c) by deleting paragraph (c) and the proviso.
52. Part IV of the principal Ordinance is repealed and replaced by the following-
Interpretation.
[cf. 1954 c. 56, S. 46.]
"PART IV
NEW TENANCIES OF DOMESTIC PREMISES
Interpretation and Application
115. (1) In this Part, unless the context otherwise requires--
"Commissioner" means the Commissioner of Rating and
Valuation;
"current tenancy" means
a tenancy which is subsisting (whether or not continued by section 117) at the time when a notice is served under section 119(1) or a request made under section 119A(1);
"date of termination" means the date stated in a notice served under section 119(1) as the date at which the tenancy is to come to an end;
"domestic tenancy" has the meaning given to that phrase by
section 51;
"fair market rent" means the rent, exclusive of rates at which premises the subject matter of a tenancy to which this Part applies might reasonably be expected to be let on the terms of the new tenancy granted under this Part, but disregarding the effect of this Ordinance; "landlord" includes any person, other than the Crown, who is, from time to time, entitled to receive rent in respect of any premises and, in relation to a particular tenant, means the person entitled to receive rent from that tenant;
"notice to quit" means a notice to terminate a tenancy given in accordance with the express or implied provisions of that tenancy;
"tenancy" means a tenancy entered into orally or in writing
and includes-
LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) (NO. 2)
(Cap. 17.)
Application
of this Part.
Continuation
of tenancies and grant of new tenancies. 1954 c. 56, s. 24.
(a) an agreement for a tenancy; (b) a sub-tenancy; and
Ord. No. 76/81
A449
(c) a tenancy continued or granted under this Part; "tenant" does not include a Crown lessee but includes—
(a) a sub-tenant; and
(b) a public body, corporation, foreign or Common- wealth Government, partnership or firm which is the tenant of premises which is the subject matter of a tenancy to which this Part applies; "Tribunal" means the Lands Tribunal established under the
Lands Tribunal Ordinance.
(2) For the purposes of ascertaining whether a tenancy is a domestic tenancy, section 51 shall apply to this Part as it applies to Part II.
116. (1) Subject to subsections (2) and (3), this Part applies to any domestic tenancy whether created before or after 19 December 1981 and notwithstanding any provision in such tenancy, including any provision purporting generally or specifically to exclude this Part.
(2) This Part shall not apply to any tenancy—
(a) to which Part I or Part II applies; or
(b) which is excluded from Part II by paragraph (b),
(c), (d), (e), (h) or (n) of section 50(6).
(3) This Part shall not apply to a tenancy entered into in writing for a term not exceeding 1 year which is endorsed by the Commissioner under subsection (4).
(4) Where the Commissioner is satisfied that a tenancy mentioned in subsection (3) has been entered into for a period during which, or for most of which, the landlord will be absent from Hong Kong or, for any other special reason acceptable to the Commissioner, the landlord is unable to, or does not wish to, occupy the premises and that the tenant understands the effect of excluding the tenancy from this Part, he may, upon payment by the parties of such fee as may be determined by the Financial Secretary, endorse the agreement to the effect that this Part does not apply to the tenancy.
Continuation and Renewal of Tenancies
117. (1) A tenancy shall not come to an end unless terminated in accordance with this Part; and a tenant may apply to the Lands Tribunal for a new tenancy-
(a) if the landlord has given notice under section 119
to terminate the tenancy; or
(b) if the tenant has made a request for a new tenancy
under section 119A.
(2) Subsection (1) shall not prevent the coming to an end of a tenancy by notice to quit given by the tenant, by surrender or forfeiture or by the forfeiture of a principal tenancy unless-