10
CAP. 7
Landlord and Tenant (Consolidation)
[1988 Ed.
(c) if the premises were not let unfurnished until after 25 December 1941, then such rate of rent as may be assessed by the Commissioner under section 8 having regard to what would have constituted a standard rent for the premises if let unfurnished immediately before 1 December 1941, (Amended 76 of 1981 s. 2)
and in respect of any dependent domestic premises means that proportion of the rent of the whole of the premises let to a principal tenant at the rate prescribed in paragraphs (a), (b) and (c), as the case may be, as is fairly attributable to such dependent domestic premises; (Amended 22 of 1953 s. 2)
"tenancy" includes a sub-tenancy;
"tenant" does not include a Crown lessee but includes a sub-tenant and-
(a) a person who before 23 May 1947 had retained possession of premises by virtue of any enactment repealed by this Part* and who was on 23 May 1947 in possession of premises, to which this Part applies;
(b) a person who retains possession of any premises by virtue of this Part; (c) the widow of a tenant, residing with the tenant at the time of his death, or where the tenant leaves no widow or is a woman, such member of the tenant's family so residing as aforesaid as may be decided in default of agreement by the Tribunal; (Replaced 22 of 1953 s. 2. Amended 76 of 1981 s. 2)
"tenement" means any building, structure or part thereof, which is held or occupied as a distinct or separate tenancy or holding or under any licence; (Added 76 of 1981 s. 2)
"Tribunal" means the Lands Tribunal established under the Lands Tribunal Ordinance (Cap. 17). (Replaced 76 of 1981 s. 2)
Application of this Part
3. (1) This Part shall not apply to-
(a) any premises-
(25 of 1947 s. 2 incorporated)
(i) in a building in respect of which an occupation permit, including a temporary occupation permit, was first issued by the Building Authority under section 21(2) of the Buildings Ordinance (Cap. 123) after 16 August 1945; or
(ii) which were completed or substantially rebuilt after 16 August 1945; (Replaced 29 of 1983 s. 2)
(b) agricultural land or any building thereon, other than a building erected before 17 August 1945; (Added 22 of 1953 s. 3)
(c) land let unbuilt upon save where such land has been let with, and for the better enjoyment of, any building, or save where a building to which this Part applies has subsequently been erected thereon; (Added 22 of 1953 s. 3)
* See s. 38 of the Landlord and Tenant Ordinance 1947 (25 of 1947).