XN000022-1981-12-09 — Page 11

WEDNESDAY, DECEMBER 9, 1981

AVENUE FOR LANDLORDS

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LANDLORDS WHO LET THEIR PROPERTY FOR A FIXED TERM OF NOT LESS THAN FIVE YEARS AT A CONSTANT RENT MAY RECOVER VACANT POSSESSION OF THEIR PROPERTY AT THE EXPIRY OF THE LEASE, THE SECRETARY FOR HOUSING, THE HON DONALD LIAO SAID TODAY.

SPEAKING AT THE RESUMED DEBATE ON THE LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) (NO. 2) BILL 1981 IN THE LEGISLATIVE COUNCIL, MR LIAO SAID THAT BY PROVIDING THIS AVENUE FOR LANDLORDS TO AVOID ANY LEGISLATION IMPINGING ON THE CONTRACTUAL RELATIONSHIP BETWEEN THEM AND THE IR TENANTS, SOME WHO MIGHT OTHERWISE AVOID RENTING OUT PREMISES, WOULD RELEASE THEIR PROPERTY ONTO THE RENTAL MARKET.

+FROM THE TENANT'S POINT OF VIEW. HE WILL HAVE AT LEAST FIVE YEARS OF SECURE TENURE AT A CONSTANT RENT, AND KNOWING FROM THE OUTSET THAT HE HAS NO RIGHT TO RENEWAL AT THE END OF THE LEASE, WILL HAVE AMPLE TIME TO MAKE ALTERNATIVE ARRANGEMENTS, HE SAID.

MR LIAO SAID THE MAJORITY OF LANDLORDS, WHOSE PRIMARY CONCERN WAS RENTAL INCOME RATHER THAN CAPITAL VALUE WITH VACANT POSSESSION, WOULD NOT INSIST ON LEASES OF THIS LENGTH AT A FIXED RENT.

+MY BELIEF IS RATHER THAT SUCH LEASES WILL APPEAL TO THE SMALLER LANDLORD, WHO REGARDS THE BENEFIT OF HAVING HIS OPTIONS OPEN AT A FIXED TIME IN THE FUTURE MORE HIGHLY THAN MAXIMI.. G RENTAL INCOME IN THE INTERVENING PERIOD.+

ON THE LANDS TRIBUNAL, MR LIAO SAID IT HAD NOW BEEN DECIDED TO TAKE THE OPPORTUNITY OF THIS BILL TO TRANSFER THE FUNCTION OF DEALING WITH ALL LANDLORD AND TENANT MATTERS, OTHER THAN THOSE INVOLVING CRIMINAL OFFENCES, FROM THE DISTRICT COURT TO THE TRIBUNAL, INSTEAD OF A SEPARATE BILL AT A LATER DATE.

HOWEVER, HE SAID IN VIEW OF THE SUBSTANTIAL VOLUME OF SUCH CASES NOW DEALT WITH BY THE DISTRICT COURT, IT WOULD NOT BE PRACTICABLE FOR THE TRANSFER OF JURISDICTION TO TAKE PLACE IMMEDIATELY.

+THE AMENDMENT I SHALL BE PROPOSING AT THE COMMITTEE STAGE WILL THEREFORE PROVIDE FOR THE TRANSFER TO TAKE EFFECT AT A FUTURE DATE TO BE DETERMINED WHEN THE RELATED PRACTICAL AND POLICY ISSUES HAVE BEEN RESOLVED, HE ADDED.

ON APPEAL AGAINST LANDS TRIBUNAL DECISIONS, MR LIAO SAID THERE IS PROVISION FOR APPEALS ON A POINT OF LAW, BUT IN ALL OTHER MATTERS, THE DECISION OF THE TRIBUNAL IS FINAL.

+WHETHER OR NOT IT MAY BE DESIRABLE TO PROVIDE FOR APPEALS GENERALLY IS SOMETHING THAT CAN BE JUDGED ONLY IN THE FULLNESS OF TIME, WHEN THE LANDS TRIBUNAL HAS GAINED EXPERIENCE OF THE LANDLORD AND TENANT MATTERS THAT WILL NOW FALL TO ITS JURISDICTION. +

MR LIAO SAID THE SPEECHES MADE BY UNOFFICIALS DURING THE DEBATE HAD ONCE AGAIN DEMONSTRATED THE DIFFICULTY WHICH THE GOVERNMENT FACED IN FORMULATING BALANCED PROPOSALS IN CONTROL OVER RENTS AND SECURITY OF TENURE.

/HE REMINDED