1973-HKRS28-16-21_Part05 — Page 33

18

19

Increases in tents of sub- tenancies,

tenant, specifying the date from which the increase is to take effect.

(2) Where a landlord serves a notice of increase on the tenant under subsection (1) he shall, at the sathe time, send a copy of the notice to the Com- missioner.

(3) The date specified in a notice under sub- section (1) shall not, subject to section 64, be earlier than the first day when rent becomes due after the expiration of one month from the service of the notice.

(4) Notwithstanding this section, where pro- ceedings on a review under section 59 or an appeal under section 60 are not concluded on the date specified in a notice under subsection (1), the failure by the tenant or sub-tenant to pay the increase in rent prior to the conclusion of such proceedings shall not be a breach of covenant to pay teat nor give rise to a right to forfeiture.

62. (1) Where an increase in the reat of a tenancy has become effective under this Part, other than under section 56, and a sub-tenancy has been created out of that tenancy, the principal tenant may, if he cannot agree with the sub-temant an increase in the rent of the sub-tenancy, apply in the specified form to the Commissioner for a certificate to be issued under subsection (2).

(2) On receipt of an application under sub- section (1), the Commissioner may serve on the principal teoant and on the sub-tenant certificates in the specified form specifying either the percentage to the nearest whole figure by which the rent of the tenancy has been increased or twenty-one per cent, whichever is the lesser.

(3) Where the Commissioner has issued a cer- tificale under subsection (2), the rent of the sub- tenancy may be increased by the percentage shown in the certificate but the increase in cent shall not take effect except in pursuance of a nolice of increase in the specified form served by the principal tenant on his sub-tenant, specifying the date from which the increase is to take effect.

Increase in rent of sub- Ignancy following increase in rales.

Effective

date for increases.

(4) The date specified in a notice under sub- section (3) shall be not earlier than one month from the date of service of the certificate under subsec- tion (2).

(5) Where this Part does not apply to a tenancy by virtue of section 50 but does apply to a sub- lenancy created out of that tenancy, sections 54, 57, 58, 59, 60, 61 and 64 shall apply as if the sub-tenancy were a tenancy and the references therein to landlord and tenant were references la principal tenant and to sub-tenant respectively.

63. (1) Where-

(a) a principal tenant bears the rates in respect of any premises the subject of a tenancy out of which a sub-tenancy has been created and those rates are increased; or

(b) the rent of a tenancy has been increased under section 56 and a sub-tenancy has been created out of that tenancy.

the principal tenant way, if he cannot agree with the sub-tenant an increase in rent of the sub-tenancy, apply to the Commissioner in the specified form for a certificate under subsection (2).

(2) On receipt of an application under sub- section (1) the Commissioner may serve

on the principal tenant and on the sub-tenant certificates in the specified form stating the amount by which the rent of the sub-tenancy may be increased,

(3) Where the Commissioner has served a cer- tificate under subsection (2), the rent of the sub- tenancy may be increased by the amount shown in the certificate, but the increase in reot shall not take effect except in pursuance of a notice of increase in the specified form served by the principal tenant on the sub-tenant specifying the date from which the increase is to take effect.

(4) The date specified in a notice of increase under subsection (3) shall be not earlier than the date on which the increased rates became payable.

64. (1) Subject to subsection (2), no increase in rent in any tenancy pursuant to a certificate under section 58 or 59 or an order of the court under sec-