100
CAP. 7
Landlord and Tenant (Consolidation)
[1988 Ed.
upon such of the covenants, conditions and other terms of the original tenancy as are appropriate to a month to month tenancy, together with, in the absence of any express covenant for the payment of rent and condition of forfeiture, the covenant and condition implied in every tenancy by section 126. (Replaced 39 of 1979 s. 21)
(5) A notice of termination may be served in any manner which would constitute effective service of a notice to quit but shall not be valid if served in respect of any premises before they become subject to this Part. (Amended 39 of 1979 s. 21)
(6) (Repealed 76 of 1981 s. 54)
(7) Where a notice of termination served prior to 18 December 1979 is due to expire on or after that date, and before the expiration of the notice the tenancy becomes subject to Part II by virtue of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980 (6 of 1980), the notice of termination shall cease to be of any effect. (Added 6 of 1980 s. 17)
(14 of 1962 s. 3 incorporated) (For savings and transitional provisions see Ord. No. 39 of 1979 s. 25(3))
Exclusion of tenancies from this Part
123. (1) (Repealed 52 of 1981 s. 13) (For savings see Ord. No. 52 of 1981 s. 13(2))
(2) The Governor in Council may in his absolute discretion by order exclude from the further application of this Part or of any provisions contained in this Part any class of tenancy, and class of premises or any particular tenancy or premises. (Amended 39 of 1979 s. 22)
(3) (Repealed 52 of 1981 s. 13) (For savings see Ord. No. 52 of 1981 s. 13(2))
(14 of 1962 s. 4 incorporated. Amended 18 of 1974 s. 5)
Landlord may substitute notice
124. Where subsequent to the giving of a notice by the landlord under section 122 the tenancy is excluded from the application of this Part, the landlord may thereupon substitute for such notice a notice to quit of such duration as would validly determine the tenancy but for the enactment of this Part. Such substituted notice shall take effect notwithstanding the existence of the notice given under section 122.
Application of sections 124A, 124B and 124C
(14 of 1962 s. 5 incorporated)
124A. (1) Subject to subsection (2), this section applies to business premises which
(a) are excluded from Part I by section 3(1)(i); and
(b) are used partly for human habitation. (Replaced 40 of 1984 s. 37)
(2) This section does not apply to business premises which have, at any time since the publication of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1979 as a Bill in the Gazette, been used wholly for purposes other than human habitation.