Amendozen of merdon $1.
4.
Amendment of pection $3,
Adduos of dee section $54.
2
(3B) No account shall be taken of—
(a) expenditure incurred prior to the commencement of the Landlord and Tenant (Consolidation) (Amond- ment) Ordinance 1976;
וד
(b) expenditure in respect of which an increase in rent
has previously been made under this section."
Section 51 of the principal Ordinance is amended-
(a) by inserting after subsection (4) the following new subsection - "(4A) Whether or not a dispute arises as to whether a tenancy or sub-tenancy is domestic, a landlord, tenant, pria- cipal tenant or sub-tenant may apply in the specified form to the Commissioner for his certificate as to the primary user of the premises.
(48) Where aperson applies to the Commissioner under subsection (4A) he shall~~
(a) specify in the application form a day, other than a public holiday, on which he would like the inspection to be carried out;
(8) at the time when he lodges the application, pay such fee as may be determined by the Financial Secretary; atıd
+
(4) lodge the application form with the Commissioner not less than 10 days before, the day specified in the form.
(40) Any fee paid under subacction (4B)b) shall be re- funded if the applicant withdraws bis application not less than 3 days before the day for the inspection specified therein.
(4D) The Commissioner sball, where practicable, carry out the inspection under subsection (5) an the day specified in the application or, if the inspection cannot be carried out on that day, as soon thereafter as is reasonably possible.";
(5) in subsection (5)-
(i) by inserting after "subsection (4)" the following-
for (4A)"; und
(i) in paragraphs (a) and (8) by inserting after "isaus free of charge" in both places where It occurs the following-
"in the case of an application under subsection (4)".
4. Section 52(4) of the principal Ordinance is amended in paragraph
(a) by deleting "section 56" and substituting the following—
*section $SA or 56".
4. The principal Ordinance is amended by adding after section 5$ the following new section-
**Increase In
fral on Account of
Det. 1968.
4. 24. m. 23
and 39.J
55A. (1) Where the landlord of any premises incurs expenditure of $5,000 or more an improvements to much premises, the landlord may, subject to subsection (2), increase the rent payable in respect of those premises by 20 per cent per annum of the amount expended on the improvements.
(2) Where rent is increased under this section the in- Crease shall not take effect except in pursuance of a notice of
3
increase in the specified form served by the landlord on the tenant, specifying the increase and the date from which It is to take effect,
(3) The date specified in a notice of increase under sub- section (2) shall be not earlier than the first day when rent becomes due after the expiry of one month from the service of the police.
(4) Where the landlord of any premises incurs expendi- ture of $5,000 or more on improvements to such premises and those premises comprise 2 or more tenements then the amouLINE expended shall be apportioned betwesp the tenements and the rent payable in respect of any tenément may be increased in accordance with this section by reference to the part of the expenditure apportioned to it.
(5) Subject to subsection (6), în determining the amount of expenditure incurred on improvements expenditure in- curred in the & mouths immediately prior to the date of service of the notice of increase under subsection (2) may be aggregated,
(6) No account shall be taken of-
(a) expenditure incurred prior to the commencement of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1976;
(b) expenditure in respect of which an increase in rent
has previously beću made under this section.
(7) Where a landlord scrves on a tenant a notice of increase under subsection (2), the landlord shall send a copy of that notice to the Commissioner.
(8) A tenant on whom a notice of increase in ront is served under this section may, not later than one mouth after the service of the notice, apply to the court for an order cancelling or reducing the increase on the ground-
(a) that the improvement was unnecessary:
Provided that where the premises the subject of the improvement comprise 3 or more tenements and more than two thirds of the tenants of those premises (other than sub-tenants) have consented in writing to the improvement, the improvement shall be deemed to be necessary;
(b) that a greater amount was expended on the im-
provement than was reasonable; or
(c) where the increase follows an apportionment under subsection (4), that the apportionment was reasonable,
and the court may make an order accordingly.
(9) In this section-
-
"improvement" includes structural alteration, extension or addition and the provision of additional fixtures and fittings. but does not include anything done by way of decoration or repait;
"landlord" includes principal tenant;
"tenant" includes sub-tenant.”.