No rent in cxcess of current rot.
Continuation
of tenancies.
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(8) The court, on the hearing of an application under sub- section (7), may-
(a) affirm the certificate of the Commissioner or substitute therefor its own determination as to whether the tenancy or sub-tenancy is domestic; or
(6) in the case of an application under subsection (7)(b) or (c), make a determination as to whether the tenancy or sub-tenancy is domestic.
5.
(1) The recoverable rent under a tenancy or sub-tenancy to which this Ordinance applies shall not exceed the rent payable by the tenant or sub-tenant at the commencement of this Ordinance and notwithstanding anything in any agreement, no other amount shall be recoverable from the tenant or sub-tenant by way of rent.
(2) Where a temant or sub-tenant has paid by way of rent any amount which, by virtue of subsection (1) is not recoverable by the landlord or principal tenant, the tenant or sub-tenant shall be entitled to recover the amount from the landlord or principal lenant who received it or from his personal representatives.
(3) Any amount which a tenant or sub-tenant is entitled to recover under subsection (2) may, without prejudice to any other method of recovery, be deducted by the tenant or sub-tenant from any rent payable by him to the landlord or principal tenant.
(4) Any person who demands or receives rent in excess of the recoverable rent in respect of a tenancy or sub-tenancy to which this Ordinance applies shall be guilty of an offence and shall be liable on conviction to a fine of four thousand dollars.
(5) For the purposes of determining the amount of rent payable under a tenancy, there shall be included as a rent pay- ments by the tenant to the landlord other than regular payments of rent, which additional payments have been made as a condition of the right of the tenant to occupy the premises.
6. (1) Save as provided in subsection (2) and section 7, no tenancy or sub-tenancy to which this Ordinance applies which is subsisting at the commencement of this Ordinance shall terminate during the continuance in force of this Ordinance.
(2) Save as provided in section 3(4), a tenancy or sub-tenancy shall not by virtue of this Ordinance continue in existence after any change in the identity of the landlord, tenant, principal tenant or sub-tenant which would terminate such tenancy or sub-tenancy in law; bui 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.
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(3) In every tenancy and sub-tenancy to which this Ordinance applies there shall, in the absence of any express convenant 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.
7. (1) A tenancy or sub-tenancy to which this Ordinance applies 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 breach of any other covenant or condition which, but for this Ordinance, would have been & cause of forfeiture;
(e) a notice to quit given under subsection (2) or subsection
(4) or an order 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 opera- tion 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 had been enacted where in such notice the landlord or principal tenant specifies.
(a) that he requires possession of the premises 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, in English and Chinese, is served under subsection (2) and in addition is posted on three successive days upon the main door or entrance of the premises, 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 by a principal tenant 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 principal tenant specifies that the sub-tenant on whom the notice is served bas caused unnecessary annoyance, inconvenience or disturbance to the principal tenant or to other occupants of the premises.
Termination of enuncies.
(Op. 385.)
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