1979-HKRS28-16-27_Part02 — Page 29

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Amendment of mation 13.

Addrilon of new Bestions (244, 148 and [24C.

(B) thereafter, where an order is made under section 1248(2), at a rent payable in accordance with section 124C(1),

upon such of the covenants, conditions and other terms of the original tenancy as are appropriate to a month to month tenancy, together with, in the absence of any express covenant for the payment of rent and condition of forfeiture, the covenant and condition implied in avery tenancy by section 126."; and

(e) ip subsection (5) by deleting the full stop and substituting the

following-

"but shall not be valid if served in respect of any premises before they become subject to this Part.".

22. Section 123(2) of the principal Ordinance is amended by inserting after "of this Part" the following-

or of any provisions contained in this Part".

23. The principal Ordinance is amended by adding after section 124 the following sections-

of setlist 1244. 1248 Anu 13*0.

Tenant Y apply for

nouse of

JANIQUEFI

not be colse ETTEL

124A. (1) Subject to subsection (2), this acetion applies 10 business premises which-

(0) are premises to which Part I. by virtue of section 3(1), ceases to apply on or after 1 July 1984; and

(8) are used partly for human babitation.

(2) This section does not apply to business premises which have, at any time since the publication of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1979 as a Bill in the Gazette, been pued wholly for purposes other than human habitation.

(3) For the purpose of determining whether premises are or have been used for human babitation within the meaning of subsection (1KB) or (2) the following types of habitation shall be disregarded-

(o) habitation by caretakers or watcłumea;

(5) babitation by office attendants or their families; (c) habitation by a guest of an hotel or boarding house of a particular portion of the hotel or boarding house which is let to him by the keeper of the hotel or boarding house.

1248. (1) Where a tenant of premises to which section 124A applies is served with a notice of termination, he may apply to the Lands Tribunal not later than 3 months before the notice of termination is to take effect for an order under subsection (2).

(2) Subject to subsection (3), upon the application of a tenant under subsection (1), the Lands Tribunal shall make an order that the notice of termination which has been served upon him shall not take effect and that no further notice of termination shall be served upon bim în respect of the same premises until a period of 1 year, or Such lesser period as the Tribunal may specify, bas elapsed since the first mentioned notice was served upon him.

Kemi where norlee or

la ordered not Po duke decl

(3) The Lands Tribunal shall refuse to make an order under subsection (2) if the landlord satisfies it that---

(a) the tenant has committed a breach of covenant ot condition of the Tenancy which is, or would but for the service of a notice of termination have been. a cause for forfeiture;

(b) the premises are required by the landlord for oc-

cupation as a residence for-

(0) himself;

(i) his father or mother; or

(ii) any son or daughter of his over 18 years of age:

Provided that the Tribunal shall, notwith- standing that the circumstances of the case fall within this paragraph, make an order under sub- section (2) if it is satisfied that, having regard to all the circumstances of the case, including whether other accommodation is available for the persona For whose occupation the premises are required, greater hardship" would be caused by refusing to make such an order than by making it, or

(c) the tenant has caused-

(0) to the landlord by non-payment of rent or otherwise; or

(B) to any occupant of the premises, wonecessary annoyance, inconvenienc or dis- turbance which has continued after a warning in writing has been served by the landlord on the tenant.

124C. (1) Where the Lands Tribunat makes an order under section 1248(2) in respect of any premises there ahali be payable, by way of rent for those premises from the dule upon which the tenancy would but for the order have ceased, an amount equivalent to—-

(a) the aggregate of the following-

(i) the fair market rent of the premises; and (D) where the rates in respect of the premises are payable by the landlord, the amount of the rates or

(5) the aggregate of the following-

(i) the current rent of the premises;

(ii) one third of the current rent of the premises, disregarding any cents included in the quotient; and

(iii) where the rates in respect of the premises are payable by the landlord, the amount of the rates,

whichever is the lesser.

(2) Where the Lands Tribunal makes ao order under section (24B(2) in respect of any premises it shall proceed to determine the new rent for the premises calculated in accordance with subsection (1)”