1953-HKRS29-8-20_Part02 — Page 40

Repeal and replace- ment of section 15.

Addition

of new sections

16A and 168.

12

(6) Notwithstanding anything in this Ordinance, and in particular, the definition of the expression "tenant" in section 2, a lessee of the Crown who recovers by virtue of this section any premises to which this section relates shall be deemed to be an immediate landlord of his principal tenant for all the purposes of this section and shall have all the rights and obligations conferred and imposed by this section on an immediate landlord."

12. Section 15 of the principal Ordinance is repealed and replaced by the following section-

may

contract-

circum- stances.

*Tenancy 15. (1) Where a landlord and a tenant or pros tribunal

pective tenant desire to enter into a tenancy agreement approve in respect of any premises for a term certain not exceed- ing out in ing five years at a rent in excess of the permitted rent certain for such premises, they may make a joint application to a tenancy tribunal for approval of the terms of the proposed agreement, and notwithstanding anything contained in this Ordinance, the tribunal shall give its approval if it is satisfied that the proposed agreement- (a) is not harsh or oppressive on the tenant; and (b) contains

for no provision for renewal or extension of the term; and

(c) expresses the whole consideration for the

Transaction.

(2) Where a tenancy tribunal approves the termas of a proposed agreement under the provisions of sub- section (1), it shall be lawful, notwithstanding anything contained in this Ordinance, for the parties to execute a tenancy agreement in the terms so approved,

(3) An agreement so executed as aforesaid shall during the currency thereof have effect notwithstanding anything contained in this Ordinance, and the premises to which it relates shall be excluded during the currency of the agreement from the provisions of this Ordinance but only to the extent that the permitted rent of the premises shall be the rent reserved by the agreement." 13. The principal Ordinance is amended by the addition after section 16 of the following new sections—

""Tribunal

may revise Atandard

rent if

UD DERSON-

ably low

16A. Notwithstanding anything contained in this Ordinance, a tenancy tribunal may, on the application of a landlord, increase the standard rent of any premises by such amount as it considers reasonable, if the tribunal is satisfied that —

having regard to genera] level or improved amenities of neigh- bourhood.

Tribunal

may decrease standard rent if

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(a) the standard rent of the premises is unreason-

ably low, having regard to the general level of rents prevailing on the 25th day of December, 1941, for premises of a similar character in the same neighbourhood; or

(b) the standard rent of the premises ought to be increased, having regard to improvements in the amenities of the neighbourhood in which the premises are situate, such improvements having occurred after the 25th day of December, 1041.

168. Notwithstanding anything contained in this Ordinance, a tenancy tribunal may, on the application of a tenant, decrease the standard rent of any premises unreason. by such amount as it considers reasonable, if the ably high tribunal is satisfied that the standard rent of the having regard to premises ought to be decreased, having regard to any deteriora- deterioration in the amenities of the neighbourhood, or Είμαι in amenities in the condition of the premises, such deterioration of neigh, having occurred after the 25th day of December, 1941,"

bourhood

or in con-

dilion of

premisés.

14. Section 18 of the principal Ordinance is amended-

Amendment of section

(a) by the deletion of paragraph (c) and the substitution 18.

therefor of the following paragraph--

"(c) a tenant wito, except for a cause which the tribunal shall deem sufficient to entitle the tenant to the continued protection of this Ordinance being a cause not attributable either to his own default or to lack of means, fails to pay within thirty days after demand the permitted rent which has accrued duc;";

(b) by renumbering the section as subsection (1); (c) by the addition of the following new subsection-

"(2) No order for the recovery of possession of any premises from a tenant or for the ejectment of a tenant of any premises shall be made under the provi- sions of paragraph (c) of subsection (1) unless it is established by the landlord to the satisfaction of the tenancy tribunal that the demand which the tenant has failed to meet was for a sum of money not in excess of the permitted rent of the premises."

TI