1963-HKRS28-8-30_Part01 — Page 24

No further increase within two years.

Increase in

tenancies.

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therein and that any increase in rant specified therein is fair and reasonable in the circumstances of the tenancy.

(3) The District Court may refuse the application or may order such increase in rent as it shall consider to be fair and reasonable in the circumstances of the tenancy, and such increase shall take effect three months from the date of the application under section 9, but not earlier than the 1st day of July, 1963.

14. () No increase in rent in any tenancy except by agreement shall take effect within a period of two years from-

(a) the date on which the rent of the tenancy was last increased whether before or after the commencement of this Ordinance. whether or not such last increase was by agreement: or

(b) the date of any new tenancy whether entered into before or

after the commencement of this Ordinance.

(2) No order shall be made for the recovery of any increased rent or for the recovery of possession for non-payment thereof unless the landlord satisfics the court that two years has or will have elapsed between the commencement of the tenancy or the last increase in rent, as the case may be, and the date on which the increase takes effect.

(3) For the purposes of this section rent shall be deemed to have been increased where the tenant has made any payments to the landlord other than the regular payments of rent, and such additional payments have been made as a condition of the right to the occupation of the premises.

15. (1) Where the rent of a tenancy is increased under the pro- rents of sub- visions of this Ordinance the principal tenant may apply by notice in the prescribed form to the Commissioner for a certificate to be issued under subsection (2) or (3).

(2) On receipt of an application under subsection (1) the Com- missioner may, save where the increase took effect under section 8. serve on the principal tenant and on the sub-tenant certificates specify- ing the percentage by which the rent of the tenancy has been increased and the date on which such increase took effect.

(3) On receipt of an application under subsection (1) in respect of an increase in rent under section 8 the Commissioner may serve on the principal tenant and on the sub-tenant certificates specifying what increases in rents of the sub-tenants would in his opinion be reasonable in the circumstances of the sub-tenancy.

(4) Within fourteen days of the service of a certificate under subsection (2) or (3) a sub-tenant may apply by notice in writing to the Commissioner for a review thereof on the grounds that his sub- tenancy commenced or the reat thereof was increased within a period

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of two years immediately preceding the date of an application under subsection (1). A principal tenant or sub-tenant may apply in like manner for a review of a certificate issued under subsection (3).

(5) On receipt of an application for review the Commissioner shall, upon payment of the reviewing fee by the applicant, review the application made under subsection (1) and for such purpose may consult with one or more members of the panel. Having reviewed the applica- tion made under subsection (1) the Commissioner shall, in the case of a certificate issued under subsection (2), serve on the sub-tenant and on the principal tenant certificates specifying what increase, if any, is a fair increase in the circumstances of the sub-tenancy, and in the case of a certificate issued under subsection (3), serve certificates confirming or varying the increase specified in the certificate under review, and in so varying may certify that in bis opinion no increase is justified.

(6) The increase in rent specified in the certificates issued under subsection (2), (3) or (5) shall take effect three months from the date of the application under section 9 but not earlier than-

(a) the lat day of July. 1963, or

(6) the date on which certificates are served under subsection (2)

or (3).

whichever is the later. The date on which the increase is to take effect shall, regard being paid to section 7. be endorsed on the certificates.

(7) Where the tenancy out of which a sub-tenancy has been created is not subject to this Ordinance and the sub-tenancy is so subject, sections 9, 10, 11, 12, 13 and 14 shall apply as if the sub- tenancy were a tenancy and references therein to landlord and tenant shall be deemed to be references to principal tenant and to sub-tenant respectively.

(8) For the purposes of this section rent shall be deemed to have been increased where the sub-tenant has made any payments to the principal tenant other than the regular payments of rent, and such additional payments have been made as a condition of the right to the occupation of the premises.

PART IV.

GENERAL

Increapes

16. For the purposes of this Ordinance the Governor may appoint Beat a panel of persons to assist the Commissioner in such cases as he is Advisory empowered or is required to consult with the members thereof. Such Patel panel shall be known as the Rent Increases Advisory Panel, and notice of appointments thereto shall be published in the Gazette.