1947-HKRS29-8-14_Part03 — Page 13

10

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Order for eviction by Tannocy

Tribunal,

Ordinance

No. 15 of

1936.

(c) to entertain and determine any dispute or difference as to the amount of rent payable in respect of any premises to which this Ordinance applies including any increase of rent, and any charge for the use of furniture by or the provision of services to the tenant, or so far as may be necessary to carry this Ordinance into effect as to the right to the possession of such premises; or

(d) to entertain and determine concurrently with any other application, any application for the payment of rent or mesne profits of any premises to which this Ordinance applies accruing due on or after the 1st October, 1948;

and to make such order thereon as the Tribunal shall think it.

18. It shall be lawful for & Tenancy Tribunal on the application of a landlord to make an order for the recovery of possession from or the ejectment of

(a) a Principal Tenant of domestic premises who has been served with a notice under section 12 hereof and who has elected to quit and failed to do so or who has collected or attempted to collect rent from the sub-tenants of such premises in respect of a period subsequent to the expiration of a calendar month following the service of auch notice;

(b) a tenant who has been convicted of an offence against this Ordinance or of using or auffering or permitting to be used the premises or any part thereof for an immoral or illegal purpose;

(c) a tenant whose rent or any part thereof, in so far as the same accrued due after the lat October, 1946, is in arrears for more than thirty days;

(d) a tenant who has failed to observe and perform any stipulation or condition of his tenancy agreement other than

save

as hereinafter provided a stipulation or condition imposing an obligation to vacate the premises;

(e) a tenant who has agreed to vacate the premises aud who, in the opinion of the Tribunal, intended by such agree- ment to deprive himself of the protection against ejectment afforded by this Ordinance;

(f) a person who became a tenant between the 16th August, 1945, and the commencement of this Ordinance upon the condition that he should vacate the premises on the return of the person who was the tenant before the 25th December, 1941, and who has neglected or refused so to vacate the premises upon receipt of notice from the landlord that such former tenant had returned to the Colony and that the premises were required for his use;

(g) a tenant who has given written notice to quit the premises and has failed to quit the same on the expiry of such notice;

(A) & tenant who has been guilty of conduct, or has suffered any person residing or lodging with him to be guilty of conduct, which is a nuisance or annoyance to the landlord or to other tenants or the occupiers of adjacent premises, or has persistently failed to keep his premises in a reasonably sanitary condition by reason of which failure the landlord has been required to comply with notice served upon him under section 28 of the Public Health (Sanitation) Ordinance, 1935;

(a tenant who obtained a tenancy by reason of being employed by his landlord and who has ceased to be in such employment;

(i) a tenant of land which has not been developed by the erection of buildings of a permanent character, which is required by a landlord for his own use or for the erection of buildings of a permanent character.

recovery

premie A

19. (1) It shall be lawful for a Tenancy Tribunal Order for on the application of a landlord or of the personal where representative of a deceased landlord (not being a land- desti lord who has become such landlord by purchasing premises required for or any interest therein after the 1st September, 1946)tion by

make an order for the recovery of possession of any domestic premises or for the ejectment of

to

the tenant therefrom where such premises are reasonably required for occupation as a residence for such landlord or for any son or daughter of bis over eighteen years of age, or, where the landlord is dead, for the surviving spouse, son or daughter over eighteen years of age or father or mother of such deceased landlord: Provided that no such order shall be made unless the Tribunal is satisfied having regard to all the circumstances of the case, including any alternative accommodation available for the persons for whose occupation the premises are so required or for the tenant, that greater hardship would be caused by refusing to grant the order than by granting it.

(2) No person obtaining an order for the recovery of possession of or ejectment from any premises under sub- section (1) of this section shall within twelve months after the date of such order assign, transfer, sub-let or part with the possession of the premises or any part thereof without the previous consent of a Tenancy Tribunal.

(8) Where a person has obtained an order for the recovery of possession of or ejectment from any premises under the provisions of sub-section (1) of this section and it is subsequently made to appear to a Tenancy Tribunal that the order was obtained in bad faith or by the misrepresentation or concealment of material facts or where such person is shown to have acted in breach of the provisions of anb-section (2) of this section, the Tribunal may order the landlord to pay to the former tenant such sum as may appear to the Tribunal to be sufficient to compensate such tenant for the cost, damage, loss or inconvenience sustained by him as a result of the order for recovery of possession or ejectment,

landlord, we

ia made

comkant.

20. It shall be lawful for a Tenancy Tribunal Order where on the application of a landlord to make an order sub-letting for the recovery of possession from or ejectment of without the occupier of any premises the rent whereof is payable Landlord's monthly, the tenant of which hos, after the 1st March, 1948, without the consent in writing of the landlord, assigned, transferred, sub-let or parted with the possession of such premises or any part thereof: Provided that no order shall be made under the provisions of this section against an occupier holding as the sub-tenant of a Principal Tenant any portion of any domestic premises which premises before the 22nd October, 1945, were divided into and let as separate domestic premises, or since that date have, with the consent of the landlord, been so divided and let.