1970-HKRS28-8-37_Part01 — Page 25

(Cap. 19.)

Continuation

of tenancies.

Termination

of tenancies.

(b) any occupation permit given by the Building Authority under the Buildings Ordinance, or under any Ordinance replaced thereby, in relation to premises the subject matter of the tenancy or sub-tenancy in question:

(c) normal additional uses of premises consistent with the domestic nature of the tenancy or sub-tenancy having regard to the following-

(D) floor area in occupation part or full-time for such uses;

(i)) the number of people engaged in such uses but not dwelling on the premises:

(iii) the furnishings, fittings and contents of the premises; and

(iv) the gross profits resulting from such uses relative to the rent or proportion thereof paid by the person making such profits;

(d) the use of premises as a boarding or lodging house is

a use otherwise than as a dwelling.

4. (1) Save as is provided in section 6 no tenancy or sub- tenancy existing at the date of commencement of this Ordinance shall terminate during the continuance in force of this Ordinance.

(2) Save as is provided in subsection (3) of section 3 a tenancy or sub-tenancy shall not by virtue of this Ordinance continue in existence after any change in the identity of the land- lord, tenant, principal tenant or sub-tenant which would terminate such tenancy or sub-tenancy in law; but for the purposes of this Ordinance a tenancy or sub-tenancy shall be deemed to continue in existence notwithstanding any change in the rent payable.

(3) In every tenancy and sub-tenancy there shall, in the absence of any express covenant or condition, be implied a covenant to pay rent on the due date and a condition for forfeiture for non-payment within fifteen days of such date.

6.

(1) A tenancy or sub-tenancy shall terminate where- (a) vacant possession is delivered up:

(b) the landlord or principal tenant determines the tenancy or sub-tenancy by way of forfeiture for failure to pay rent or for the breach of any other covenant or condition which, but for the enactment of this Ordinance, would have been a cause of forfeiture:

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(c) a notice to quit given under subsection (2) or (4) or an

order made under subsection (7) takes effect;

(d) the tenancy out of which the sub-tenancy was created is itself terminated: Provided that upon such termination this Ordinance shall apply to any tenancy thereupon arising by operation of law.

(2) A notice to quit may be served and shall, subject to subsections (5), (6) and (7), take effect as if neither this Ordinance nor the Tenancy (Notice of Termination) Ordinance bad been enacted where in such notice the landlord or principal tenant specifics-

(a) that he requires possession for use as a dwelling by himself, his mother, his father, or any son or daughter of his over the age of eighteen years;

(6) his intention of rebuilding the premises.

(3) Where a notice to quit, reproducing the English text in the Chinese language, is served under subsection (2) and in addition is posted on three successive days upon the main door or entrance of the premises affected, such notice to quit shall take effect also on any sub-tenancies created under the tenancy to which it relates.

(4) A notice to quit may be served and shall, subject to subsections (5), (6) and (7), take effect as if neither this Ordinance nor the Tenancy (Notice of Termination) Ordinance had been coacled where in such notice the principal tenant specifies that the sub-tenant has caused unnecessary annoyance, inconvenience or disturbance to the principal tenant or to other occupants of the premises, particulars of such annoyance, inconvenience or disturbance being set out in the notice:

Provided that no notice may be served under this subsection without an endorsement thereon by the Secretary for Home Affairs or by a public officer authorized by him in writing in that behalf to the effect that the specified annoyance, inconvenience or disturbance has continued after a warning given by an officer of the Secretariat for Home Affairs to the sub-tenant causing the

same.

(5) A notice to quit given under subsection (2) or (4) shall not be valid unless there are set out therein the provisions of subsection (6) and, where the notice to quit is given on the ground specified in paragraph (a) of subsection (2), the provisions of the proviso to subsection (7).

(Cap. 333.)