1988 Ed.]
Landlord and Tenant (Consolidation)
[CAP. 7
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(iii) is in respect of premises normally occupied or intended to be occupied by the landlord but is temporarily surplus to his requirements; or
(iv) is entered into in circumstances which are special having regard to the particular purposes of the landlord and the particular needs of the tenant. (Replaced 40 of 1984 s. 36)
(4) A dispute as to whether a tenancy is excluded under subsection (3) shall not be justiciable in the courts but shall be determined by the Commissioner in a summary manner on application in writing to him and his decision shall be final and binding. (Replaced 40 of 1984 s. 36)
(5) Any public officer or class of public officer employed in the Rating and Valuation Department and authorized in writing in that behalf by the Commissioner may exercise the powers of the Commissioner under subsection (4). (Added 40 of 1984 s. 36)
Minimum length of notice to determine tenancy
(14 of 1962 s. 2 incorporated)
122. (1) (a) Save where vacant possession is given up or where a tenant surrenders his tenancy in exchange for a new tenancy no tenancy, whether existing on 14 April 1962 or created thereafter, shall cease or be determined without a written notice of termination being served by the landlord or tenant on the other party. (Amended 39 of 1979 s. 21; 52 of 1981 s. 12)
(b) The notice shall be served by the landlord, not less than 6 months, or by the tenant, not less than 1 month, before the day on which it is to take effect. (Added 52 of 1981 s. 12)
(c) A tenancy for a fixed term shall not cease at the end of that term unless notice is served by the landlord, not less than 6 months, or by the tenant, not less than 1 month, before that end. (Added 52 of 1981 s. 12)
(2) Nothing in this section shall be construed as permitting any tenancy to be determined earlier than would have been the case had this Part not been enacted or, subject to sections 124A to 124C, as affording any tenant any security of tenancy beyond the period of 6 months required for a notice of termination. (Amended 39 of 1979 s. 21; 52 of 1981 s. 12)
(3) Where notice of termination is served on a tenant and in addition is posted on 3 successive days, together with a copy in Chinese, upon the main door or entrance of the premises affected, such notice of termination shall, subject to sections 124A to 124C, take effect terminating also any sub-tenancies created under the tenancy to which it relates. (Amended 39 of 1979 s. 21)
(4) When but for subsection (1) a tenancy would have terminated, the tenancy shall continue
(a) at the same rent until a notice of termination expires or but for an order under section 124B(2) would have expired; and
(b) thereafter, where an order is made under section 124B(2), at a rent payable in accordance with section 124C(1),
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