1988 Ed.]
Landlord and Tenant (Consolidation)
[CAP. 7
69
Expiry of this Part
74B. (1) Subject to section 52(4), this Part shall expire at midnight on 18 December 1989. (Amended 56 of 1976 s. 8; 39 of 1979 s. 18; 6 of 1980 s. 14; 52 of 1981 s. 10; 29 of 1983 s. 28; 32 of 1985 s. 18; L.N. 202/87)
RN2350f1989
(2) The Legislative Council may by resolution amend subsection (1) by substituting for the date specified therein such date as may be specified in the resolution. (Added 32 of 1985 s. 18)
Provisions transitional to the enactment of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980
74C. For the avoidance of doubt it is hereby declared that-
(a) where prior to 18 December 1979 a tenant or sub-tenant-
(i) was in possession of premises under a tenancy or sub-tenancy which became subject to this Part on that date by virtue of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980 (6 of 1980); and
(ii) made an agreement with his landlord or principal tenant for a new tenancy or sub-tenancy of the premises to commence on or after 18 December 1979, or for a continuation of the existing tenancy or sub-tenancy at an increased rent to take effect on or after that date,
he shall be entitled to the benefits and protection afforded by this Part as if the agreement had not been made;
(b) where a tenant or sub-tenant-
(i) was immediately prior to 18 December 1979 in possession of premises under a tenancy or sub-tenancy which was subject to this Part, or which became subject to this Part on that date by virtue of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980; and
(ii) made an agreement with his landlord or principal tenant on or after 18 December 1979 and before the commencement of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980 for an increase in rent,
the amount of rent recoverable by the landlord or principal tenant shall be the amount so agreed, whether or not any notice has been lodged under section 55;
(c) where a tenant or sub-tenant has paid by way of rent any amount which, by virtue of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980, is not recoverable by the landlord or principal tenant, the tenant or sub-tenant shall be entitled to recover the amount from the landlord or principal tenant who received it or from his personal representatives.
(Added 6 of 1980 s. 15) (Part II replaced 78 of 1973 s. 2)
Page 70
Page 71