TNAG-0669-FCO40-818-Policy-on-housing-and-resettlement-in-Hong-Kong-1977 — Page 47

240

A J BRADBROOK

HKLJ (1977)

always that the landlord shall give not less than two calendar months' notice in writing of the need to vacate the flat, accompanied by the offer of a new tenancy of another flat.

(d) Without prejudice to the last two preceding sub-clauses the tenancy hereby created may be determined at any time during the first six months by either party giving to the other at least one calendar month's notice in writing expiring at the end of any calendar month. Provided always that if the tenant shall be granted a yearly tenancy of the flat, after six months from the date of the signing of this agreement, pursuant to clause 2, the tenancy may be determined by the landlord giving to the tenant at least six calendar months' notice in writing expiring at the end of any calendar month or by the tenant giving to the landlord at least one calendar month's notice in writing expiring at the end of any calendar month.

(e) Should the whole or part of the flat be rendered unfit for occupation by any cause not attributable to the negligence or default of the tenant, the rent or part thereof proportioned to the damage suffered by the flat shall abate and cease to be payable until the flat shall have been again rendered fit for occupation. Provided always that the landlord shall not be required to reinstate the flat if, by reason of the condition of the premises or any local regulations or other circumstances beyond his control, the landlord on application satisfies the Public Housing Appeals Tribunal that it is not practicable or reasonable so to do. For the purposes of this agreement any act, neglect or default of any members of the tenant's family or of any servant of his shall be deemed to be the act, neglect or default of the tenant.

(f)

(g) Any notice to the tenant shall be sufficiently served if left addressed to him at the flat and any notice to the landlord shall be sufficiently served if delivered to the registered office of the landlord.

(h) On the determination of the tenancy hereby created, if the tenant shall have paid all rent and other charges due hereunder and if there shall be no breach of any of the agreements on the tenant's part to be observed and performed, the landlord will repay to the tenant the sum of fifty dollars Hong Kong currency (HK$50.00) paid to the landlord as a deposit on the signing of this agreement but without any interest thereon. If there shall be any rent or other sums in arrears the landlord may make an application to the Public Housing Appeals Tribunal within ten days from the termination of this agreement for an order entitling him to appropriate such deposit towards payment of such arrears of rent and other sums and if there shall be any breach of the said agreements on the part of the tenant the landlord may make an application to the Public Housing Appeals Tribunal within ten days from the termination of this agreement for an order entitling him to appropriate such deposit or part thereof to the cost of remedying the same (in so far as this may be possible) and (in any of such cases) shall only pay the balance (if any) of the deposit to the tenant.

9 The Public Housing Appeals Tribunal shall have the jurisdiction to determine the following appeals which from time to time may be made by the tenant:

(a)

(b)

(c)

an appeal against the propriety of any notice to quit served by the landlord or his agent;

an appeal against a compulsory transfer to a smaller flat in the event that pursuant to clause 8(c) of this agreement the landlord determines that the existing flat is underoccupied;

an appeal against a refusal by the landlord pursuant to clause 2 of this agreement to grant the tenant a yearly tenancy after six months.