18
CAP. 7
Landlord and Tenant (Consolidation)
[1988 Ed.
(8) Nothing in this section shall prejudice any right which a landlord, tenant or sub-tenant may have to make an application under section 32 to the Tribunal. (Amended 76 of 1981 s. 10)
(9) In this section-
"landlord" does not include a principal tenant; and
"tenant" does not include a sub-tenant.
(Added 39 of 1979 s. 8)
Increase in rent on account of rates
10AA. (1) Where-
(a) a landlord bears the rates in respect of any premises and after 31 March 1975 there is an increase in the amount of the rates payable; or
(b) rates are imposed after 31 March 1975 in respect of any premises and the landlord bears those rates,
the landlord may, subject to subsection (2), increase the amount of rent payable by the tenant of those premises by the amount of the increase in rates or by the amount of the rates imposed, as the case may be.
(1A) For the purposes of subsection (1)(b), rates shall be deemed not to be imposed where rates become payable by reason only that the premises cease to be exempt from assessment to or payment of rates under section 36 of the Rating Ordinance (Cap.116).
(Added 29 of 1983 s. 4)
(2) Where the amount of rent is increased under this section the increase shall not take effect except in pursuance of a notice of increase in the specified form served by the landlord on the tenant, specifying the increase and the date from which it is to take effect.
(3) The date specified in a notice of increase under subsection (2) shall not be earlier than-
(a) the date from which the increased rates or the rates imposed, as the case may be, are payable; or
(b) 24 months prior to the date of service of the notice,
whichever is the later. (Replaced 29 of 1983 s. 4)
(Added 10 of 1975 s. 4. Amended 39 of 1979 s. 7)
Increase in rent following apportionment
10B. (1) Where section 10AA(1) applies in respect of any premises and the premises form part of a tenement or consist of, or form part of, more than one tenement, the landlord may apply to the Commissioner in the specified form for a certificate under subsection (2).
(2) On receipt of an application under subsection (1), the Commissioner shall make such apportionment or aggregation of the rates as he considers necessary to determine the amount of rates attributable to the premises and shall serve on the landlord and on the tenant certificates in the specified form stating the amount by which the rent may be increased.