1980-HKRS28-16-28_Part01 — Page 19

$

Amcadment of weption SSA

(c) by deleting subsection (5) and substituting the following—

"(5) Where, oa 18 December 1979, a tegant was in posses- sion of premises under a tenancy agreement which provided for the rent payable by the tenant to be varied during the term of the tenancy by reference to fixed and ascertained periods of time, any increase in rent pursuant to that tenancy agreement shall take effect as if this section had not been coacted. gave that where the increase takes effect on or after 18 December 1979 the security of tenure afforded to a tenant by section 52(4)(a) shall extend to such tenancy as if the ront had been increased under this Part.".

Section 55A(6) is amended by deleting paragraph (a) and sub- stituting the following-

9.

Accio $1.

Amendment of secton $9.

Amendment od Kettim 64.

(D) to the case of a benancy of premises to which this Part applied prior to 18 December 1979, expenditure incurred prior to 9 July 1976;

(i) in any other case, expenditure incurred prior to 18 Decena- ber 1979;",

Section 58 of the principal Ordinance is amended-

(a) in the proviso to subsection (2) by deleting where the rateable value of the premises the subject matter of the tenancy does not exceed $30,000,": and

(6) by deleting subsections (5) and (6).

10. Section 59 of the principal Ordinance is amended-

(a) in subsection (2) by deleting "the sum of $50′′ and substituting

the following ~

"such sum as may from time to time be determined by the Financial Secretary and published in the Gazette"; and

(b) in subsection (4) by deleting "of $50".

11. Section 64 of the principal Ordinance is amended- (a) by deleling subsection (1) and substituting the following—

*(1) No increase in rent in any tenancy pursuant to a certificate under section 58 or 59 or to an order of the court under section 60 or in any sub-tenancy under section 62 shall take çffect within a period of 2 years from—

(a) the date on which the rent of the tenancy or sub- tenancy was last increased, whether or not such increase was by agreemeat; or

(b) the date of the tenancy or sub-tenancy, whichever is the later.";

(b) by deleting subsections (2), (3) and (4); and

(c) in subsection (5)—–—

(i) by deleting "the 14th December 1973" and substituting the following-

"18 December 1979 or, in the case of a tenancy or sub- tenancy to which this Part applied immediately before that date, at any time after 14 December 1973"; and

(i) by deleting "after that date".

12. Section 66(1) of the principal Ordinance is amended by deleting Amendraent of "the 15th December 1973" and substituting the following-

E

"18 December 1979".

Fection 65.

11. Section 74A(c) of the principal Ordinance is amended by deleting Amendment of the 15th December 1973" and substituting the following-

"18 December 1979",

section 744.

14. Section 748 of the principal Ordinance is amended by deleting Amendmçus of "the 14tb December 1982" and substituting the following-

"18 December 1981".

eccoo 743.

15. The principal Ordinance is amended by adding after section 748 Addition of the following

**Plovim Co

to the 2756 Cubiert of the

Landlord

and Team

Comelida lievent)

Ordines 1980.

74C. (1) For the avoidance of doubt it is hereby declared that-

(a) where prior to 18 December 1979 a tenant or sub-

tenant-

(1) was in possession of premises under a tenancy or sub-tensocy which became subject to this Part on that date by virtue of the Landlord and Tenant (Consolidation)" (Amendment) Ordinance 1980; and

(i)) made an agreement with his landlord ar principal tenant for a new tenancy or sub-tenancy of the premises to coinmence on or after 18 Decem- ber 1979, or for a continuation of the existing tenancy or sub-tenancy at an increased rent to take effect on or after that dato,

he shall be entitled to the benefits and protection afforded by this Part as if the agreement had not been made:

(b) where a tenant or sub-tenant-

(1) was immediately prior to 18 December 1979 in possession of premises under a tenancy or sub- tenancy which was subject to this Part, or which became subject to this Part on that date by virtue of the Landlord and Tenant (Consolidation) (Amend- ment) Ordinance 1980; and

(ii) made an agreement with his landlord or principal tenant on or after 18 December 1979 and before the commencement of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980 for an increase in rent,

the amount of rent recoverable by the landlord or principal tenant shall be the amount so agreed, whether or not any notice has been lodged under section 55;

(<) where a tenant or sub-tenant has paid by way of rent any amount which, by virtue of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980, is not recoverable by the landlord or principal tenant, the tenant or sub-tenant shall be entitled to recover the

umount from the landlord or principal tenant who received it or from his personal represenlatives.".

Beckon 740.