1988 Ed.]

Landlord and Tenant (Consolidation)

[CAP. 7

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(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"repealed Part II" means Part II of the Ordinance repealed by section 2 of the Landlord and Tenant (Consolidation) (Amendment) (No. 2) Ordinance 1973 (78 of 1973);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(b) (Repealed 6 of 1980 s. 2)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)

Application

50. (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

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