1973-HKRS28-16-21_Part05 — Page 34

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tion 60 or in any sub-tenancy under section 62 shall take effect-

(a) in the case of a tenancy or sub-tenancy existing on the 15th day of December 1973. within a period of one year from-

(i) the date on which the rent of the tenancy or sub-tenancy was last increased before the 15th day of December 1973, whether or not such last increase was by agreement; or

(1) the date of the tenancy or sub- tenancy,

whichever is the later; or

(b) in any other case, within a period of two

years from-

(1) the date on which the rent of the tenancy or sub-tepancy was last increased after the 14th day of December 1973 under section 55 or pursuant to a certificate under section 58 or $9 or an order of the court under section 60, or under section 62; or

(i) the date of the tenancy or sub- tenancy entered into after 14th day of December 1973,

whichever is the later.

(2) Where the rent of a tenancy to which the repealed Part II applied has been increased under section $6 or 58 of the repealed Part II, no increase in rent for that tenancy pursuant to a certificate under section 58 or 59 or an order of the court under section 60 shall take effect within a period of two years from the date on which such previous increase took effect.

(3) Where-

(a) the rent of any tenancy or sub-tenancy was increased before the 15th day of December 1973; or

(b) the tenancy or sub-tenancy was created

before that date,

and the rent of the tenancy or sub-tenancy has been increased pursuant to a certificate under section 58 or 59 or an order of the court under section 50 or

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under section 62. no order shall be made for the recovery of any increased rent or for the recovery of possession for non-payment thereof unless the land- lord or principal tenant satisfies the court that one year has or will have elapsed between the previous increase in rent or the commencement of the tenancy or sub-tenancy, as the case may be, and the date on which the increase takes effect.

(4) Where the rent of a tenancy to which the repealed Part II applied has been increased under section 56 or 58 of the repealed Part II and the rent of such tenancy has been increased pursuant to a certificate under section 58 or 59 or an order of the court under section 60, no order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 satisfies the court that two years has or will have elapsed between the previous increase in rent and the date on which the increase under section 58. 59 or 60 takes effect.

(5) Where a tenancy or sub-tenancy was created after the 14th day of December 1973 or where the rent of a tenancy or sub-tenancy has been increased after that date under section 55 or pursuant to a certificate under section 58 or 59 or an order of the court under section 60, or under section 62 and the rent of the tenancy or sub-lenancy has been increased or further increased pursuant to a certificate under section 58 or 59 or an order of the court under sec- tion 60, or under section 62, 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 or principal tenant satisfies the court that two years has or will have elapsed between the com- mencement of the tenancy or sub-tenancy or the previous increase in rent and the date on which the increase or further increase takes effect.

(6) For the purposes of this section rent shall, until the contrary is proved, be deemed to have been increased if the tenant or sub-tenant has made any payments, other than rates, to the landlord or the principal tenant, and such additional payments bave been made as a condition of the right to occupation of the premises.