1988 Ed.]
Landlord and Tenant (Consolidation)
[CAP. 7
95
(a) if the Tribunal does not make such an order because the landlord has, under this Part, established either of the grounds mentioned in paragraph (b) or (c) of section 119E(1), any sub-tenancy shall terminate; and
(b) if the Tribunal does not make such an order other than because the landlord has established either of the grounds mentioned in paragraph (b) or (c) of section 119E(1), the Tribunal shall, on the application of a sub-tenant, make an order for the grant of a new tenancy immediately from the landlord to the sub-tenant unless, if the application had been by the sub-tenant for a new tenancy from the tenant, the Tribunal would not, under section 119G, have made an order for the grant of a new tenancy:
Provided that, where a part only of the premises would remain in the possession of a sub-tenant or sub-tenants if an order were made under this paragraph, the Tribunal, on the application of the landlord, shall make an order for the grant of such a new tenancy to the sub-tenant, or the sub-tenants jointly, only of the whole premises. (Amended 32 of 1985 s. 22)
(6) Where a sub-tenant applies, under section 117 and subsection (2) or (3), for an order for the grant of a new tenancy immediately from the landlord, the Tribunal shall make an order granting such a tenancy unless, if the application had been by the sub-tenant for a new tenancy from the tenant, the Tribunal would not, under section 119G, have made an order for the grant of a new tenancy.
(7) Where the Tribunal makes an order granting to a sub-tenant a new tenancy immediately from the landlord, the provisions of this Part shall apply as if the order was made under section 119D.
(8) Notwithstanding any termination of a tenancy, a sub-tenancy granted without breach of the current tenancy shall continue as between the landlord and sub-tenant on the same terms as the sub-tenant held from the tenant in the same way as a tenancy would continue under this Part. (Amended 29 of 1983 s. 42)
(8A) Where a sub-tenant becomes the tenant immediately from the landlord, either under a new tenancy or under subsection (8), any subletting on or after 10 June 1983 under that tenancy by that tenant, without the written permission of the landlord, shall be a breach of a condition of the tenancy which is a cause of forfeiture. (Added 29 of 1983 s. 42)
(9) Subject to this section, a sub-tenancy shall not subsist for longer than the tenancy under which it was granted.
Appeals
119Q. (1) Any party may appeal to the Court of Appeal against a determination of the Tribunal on an application under section 117(1) or against an order under section 119F(5) or section 119H(9) or (10) on the ground that such determination is erroneous in point of law.
(2) An appeal under this section shall be subject to the provisions of, and any rules made under, the Lands Tribunal Ordinance (Cap. 17).