TNAG-1199-FCO40-1501-Hong-Kong-immigration-legislation-1982 — Page 216

A436

Ord. No. 76/81

Amendment of

section 10A.

LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) (NO. 2)

increased in accordance with this section by reference part of the expenditure apportioned to it.";

(b) by deleting subsection (3A) and substituting the following sub-

section--

"(3A) In determining the amount of expenditure incurred on improvements, expenditure incurred in the 6 months immediately prior to the date of service of the notice of increase under subsection (3AA) may be aggregated.";

(c) by inserting, immediately after subsection (3B), the following

subsections—

"(3BA) Where a landlord serves on a tenant a notice of increase under subsection (3AA), the landlord shall send a copy of that notice to the Commissioner.

(3BB) A tenant on whom a notice of increase in rent is served under subsection (3AA) may, not later than one month after the service of the notice, apply to the Tribunal for an order cancelling or reducing the increase on the ground-

(a) that the improvement was unnecessary:

Provided that where the premises the subject of the improvement comprise 3 or more tenements and more than two-thirds of the tenants of those premises (other than sub-tenants) have consented in writing to the improvement, the improvement shall be deemed to be necessary;

(b) that a greater amount was expended on the im-

provement than was reasonable; or

(c) where the increase follows an apportionment under subsection (3AC), that the apportionment was unreasonable,

and the Tribunal may make an order accordingly.";

(d) in subsection (4)—

(i) by deleting "a tribunal" and substituting the following-

"the Commissioner";

(ii) by deleting "it" and substituting the following-

"the Commissioner"; and

(iii) by deleting "the tribunal" and substituting the following-

"the Commissioner"; and

(e) by inserting, immediately after subsection (8), the following sub-

section-

"(9) In this section-

"improvement" includes structural alteration, extension or addition and the provision of additional fixtures and fittings, but does not include anything done by way of decoration or repair.”.

10. Section 10A(8) of the principal Ordinance is amended by deleting "a tenancy tribunal" and substituting the following—

"the Tribunal".

CO

LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) (NO. 2)

Ord. No. 76/81

A437

1. Section 16 of the principal Ordinance is amended by deleting Amendment of In the court”.

section 16.

12. Section 21(5) of the principal Ordinance is amended by deleting Amendment of "a tenancy tribunal" and substituting the following—

"the Commissioner".

section 21.

section 22.

13. Section 22 of the principal Ordinance is amended by deleting "a Amendment of tribunal" and substituting the following-

"the Tribunal”.

14. Section 24 of the principal Ordinance is amended-

(a) in subsection (3)—

(i) by deleting "A tenancy tribunal" and substituting the follow- ing-

"The Tribunal"; and

(ii) in paragraphs (c) and (d), by deleting "the tribunal" and substituting the following-

"the Tribunal"; and

(b) in subsection (4)—

(i) by deleting "a tenancy tribunal" in both places where it appears and substituting the following-

"the Tribunal"; and

(ii) by deleting "the tribunal" and substituting the following—

"the Tribunal”.

15. The sub-heading "Tenancy Tribunals" appearing immediately before section 25 of the principal Ordinance is deleted and sections 25, 26 and 27 of the principal Ordinance are repealed.

16. Section 29 of the principal Ordinance is amended- (a) in the marginal note, by deleting "Tribunal" and substituting the

following-

"Commissioner";

(b) by deleting "a tenancy tribunal" and substituting the following-

"the Commissioner";

(c) by deleting "the tribunal" in the first two places where it appears

and substituting the following-

"the Commissioner"; and

(d) by deleting "order made by the tribunal" and substituting the

following-

"determination by the Commissioner fixing the rent".

17. Section 30 of the principal Ordinance is amended-

(a) in the marginal note, by deleting "Tribunal” and substituting the

following

"Commissioner";

(b) by deleting "a tenancy tribunal" and substituting the following-

"the Commissioner"; and

Amendment of section 24.

Repeal of sections 25,

26 and 27.

Amendment of section 29.

Amendment of section 30.