(Cap. 335)
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landlord has contracted to sell the premises the subject of the notice to quit and the contract has provided for the delivery of vacant possession of such premises.
(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 had 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;
(b) bis intention of rebuilding the premises.
(3) Where a notice to quit, in English and Chinese, is served under subsection (2) and in addition is displayed for three succès- sive 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 sub- sections (5). (6) and (7), take effect as if neither this Ordinance nor the Tenancy (Notice of Termination) Ordinance had been enacted 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 dis- turbance being set out in the notice:
Provided that no notice may be served under this subsection without an endorsement thercon 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 in English and in Chinese 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 quil is given on the ground specified in paragraph (a) of sub- section (2), the provisions of the proviso to subsection (7)
(6) Within fourteen days of service of a notice to quit under subsection (2) or (4) any tenant or sub-tenant of the premises affected by the notice to quit may serve a counter notice in the specified form on the landlord or principal tenant, as the case may be, disputing the right of the landlord or principal tenant to serve notice to quit.
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(7) On receipt of a counter notice under subsection (6) the landlord or principal tenant, as the case may be, may apply to the court for an order for possession of the premises to which such notice relates. Where he satisfies the court that he is entitled to possession on the ground specified in the notice to quit, the court may make an order for possession which shall take effect on such date as the court may order but not earlier than the date on which the notice to quit would have taken effect nor later than three months from the date of such order; and at the hearing of such an application the court may order the payment of rent or mesne profits:
Provided that no order shall be made on the ground specified in paragraph (a) of subsection (2) if the court is satisfied that having regard to the circumstances, including the question whether other accommodation is available for the landlord, the tenant, the principal tenant or the sub-tenant, greater hardship would be caused by granting the order than by refusing to grant it.
(8) Where a tenancy or sub-tenancy is terminated on any ground specified in paragraph (a) or (b) of subsection (2) and the same premises are the subject of a subsequent tenancy or sub- tenancy, at any time in the case of a tenancy or sub-tenancy ter- minated on the ground specified in paragraph (a) of subsection (2), or prior to the premises being rebuilt in the case of a tenancy or sub-tenancy terminated on the ground specified in paragraph (6) of subsection (2), the provisions of this Ordinance shall apply to such subsequent tenancy or sub-tenancy as if it were a con- tinuation, on the same terms, of the tenancy or the sub-tenancy terminated under this section.
PART III.
INCREASE IN RENTS.
8. (1) Any increase in rent under this Part shall take effect on the first day when rent becomes due after the date specified for such increase.
(2) Notwithstanding subsection (1), where proceedings on review under section 11 or on appeal to the court under section 12 are not concluded on the date specified for such increase, the failure by the tenant or sub-tenant to pay more than the original rent prior to the conclusion of such proceedings shall not be a breach of covenant to pay rent nor give rise to a right to for- feiture.
Day on which increase in rent takes effccL
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