TNAG-0976-FCO40-1195-Legislation-for-public-health-and-urban-services-in-Hong-Kon-1980 — Page 128

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Ord. No. 6/80 LANDLORD AND TENANT (CONSOLIDATION)

(AMENDMENT)

LANDLORD AND TENANT (CONSOLIDATION)

(AMENDMENT)

Ord. No. 6/80

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The principal Ordinance is amended by adding after section 74B Addition of owing

(ii) in any other case, expenditure incurred prior to 18 ber 1979;".

cm-

the

Amendment of section 58.

9.

Section 58 of the principal Ordinance is amended-

**Provisions transitional

Amendment of section 59.

Amendment of section 64.

Amendment of section 66.

Amendment of section 74A.

Amendment of section 74B.

*

(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

(b) 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 deleting 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 effect 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 agreement; 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

(ii) by deleting "after that date".

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

"18 December 1979".

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

"18 December 1979".

14. Section 74B of the principal Ordinance is amended by deleting "the 14th December 1982" and substituting the following-

"18 December 1981".

to the enactment of the Landlord

and Tenant

(Consolidation)

(Amendment) Ordinance

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-

(b)

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

(ii) made an agreement with his landlord or principal tenant for a new tenancy or sub-tenancy of the premises to commence 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 date,

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

where a tenant or sub-tenant-

(i) 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;

(c) 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 amount from the landlord principal tenant who received it or from his personal representatives.".

ог

section 74C.

16. Section 121(2) of the principal Ordinance is amended by insert- Amendment of ing after paragraph (b) the following-

"(ba) a tenancy to which Part II applies;".

17. Section 122 of the principal Ordinance is amended-

(a) in subsection (4) by inserting after "such tenancy shall continue"

the following—

66

subject to subsection (7),”; and

(b) by inserting after subsection (5) the following-

"(6) Where a tenancy ceases to be subject to Part II, a notice of termination may be served on the tenant not more

section 121.

Amendment of section 122.