CAP. 71
Landlord and Tenant (Consolidation)
[1988 Ed.
Application of certain sections to sub-tenancies
62. Sections 55, 57, 58, 59, 60 and 61 shall apply to a sub-tenancy and any references therein to landlord and tenant shall be construed, for this purpose, as references to principal tenant and sub-tenant respectively.
(Replaced 76 of 1981 s. 43. Amended 40 of 1984 s. 24)
Increase in rent of sub-tenancy on account of rates
63. (1) Where—
(a) a principal tenant bears the rates in respect of any premises the subject of a tenancy out of which a sub-tenancy has been created and there is an increase in the amount of rates payable;
(b) rates are imposed in respect of any premises the subject of a tenancy out of which a sub-tenancy has been created and the principal tenant bears those rates; or
(c) the rent of a tenancy has been increased under section 56 or 56A and a sub-tenancy has been created out of that tenancy,
the principal tenant may, if he cannot agree with the sub-tenant an increase in rent of the sub-tenancy, apply to the Commissioner in the specified form for a certificate under subsection (2).
(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. 21)
(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 the subject of the sub-tenancy and shall serve on the principal tenant and on the sub-tenant certificates in the specified form stating the amount by which the rent of the sub-tenancy may be increased.
(3) Where the Commissioner has served a certificate under subsection (2), the rent of the sub-tenancy may be increased by the amount shown in the certificate, but the increase in rent shall not take effect except in pursuance of a notice of increase in the specified form served by the principal tenant on the sub-tenant specifying the date from which the increase is to take effect.
(4) The date specified in a notice of increase under subsection (3) shall be not earlier than-
(a) the date from which the increased rates or the rates imposed, as the case may be, are payable;
(b) the date on which the increase in rent of the principal tenancy on account of rates became payable; or
(c) 24 months prior to the date of service of the notice of increase on the sub-tenant,
whichever is the later. (Amended 29 of 1983 s. 21)
(Replaced 10 of 1975 s. 11)