TNAG-1199-FCO40-1501-Hong-Kong-immigration-legislation-1982 — Page 227

A458

Ord. No. 76/81 LANDLORD AND TENANT (CONSOLIDATION)

(AMENDMENT) (NO. 2)

Endorsement

of tenancy agreement.

Carrying out of order for

new tenancy. 1954 c. 56, 8. 36.

(2) The determination of the rent by the valua surveyor shall, upon a copy of such determination beng lodged with the Tribunal and the Commissioner, be binding on the parties.

(3) The valuation surveyor appointed under subsection (1) shall be paid such reasonable fee by the Registrar of the Tribunal as may be determined by the Tribunal from moneys provided by the Legislative Council.

119L. (1) Where the parties agree a renewal of a tenancy under section 119C, the duration of a tenancy under section 1191, agree the terms of a new tenancy under section 1193 or the rent payable under section 119K, the landlord shall lodge 3 copies of the agreement with the Commissioner who shall endorse 2 copies to the effect that the agreement has been lodged with him and shall return 1 copy to the land- lord and send 1 copy to the tenant.

(2) A landlord shall not be entitled to maintain an action to recover rent under an agreement mentioned in subsection (1) unless the agreement is endorsed by the Com- missioner under that subsection.

119M. (1) Where under this Part, the Tribunal makes an order for the grant of a new tenancy, then, unless the tenant serves the notice mentioned in subsection (2), the landlord shall be bound to execute or make in favour of the tenant, and the tenant shall be bound to accept, a lease or agreement for a tenancy of the premises embodying the terms agreed between the landlord and the tenant or determined by the Tribunal or the valuation surveyor in accordance with this Part; and where the landlord executes or makes such a lease or agreement the tenant shall be bound, if so required by the landlord, to execute a counterpart or duplicate thereof.

(2) Where the tenant, within 1 month after the deter- mination of the terms of the new tenancy, serves a notice in the specified form on the landlord and the Tribunal stating that he does not wish to accept the new tenancy, the order of the Tribunal shall have no effect and the current tenancy shall continue for such period, not exceeding 2 months from the date of delivery of the notice to the landlord, as the tenant shall state in the notice.

(3) While the current tenancy continues under subsection (2), it shall not be a tenancy to which this Part applies.

(4) During the period from the date on which the current tenancy would, apart from section 119N, have come to an end by virtue of a notice given under section 119(1) or under section 119A(5) until-

(a) the date on which the new tenancy begins; or, as

the case may be,

(b) the date on which the current tenancy comes to an

end under subsection (2),

the tenant shall be liable to pay the rent fixed in respect of the new tenancy under section 119K:

Provided that, if the terms of the new tenancy, apart from rent, are materially different from the terms of the current tenancy, the Tribunal may, on the application of

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

Ord. No. 76/81

A459

Interim continuation

of tenancies pending deter- mination by Tribunal.

1954 c. 56,

5. 64.

Short tenancies.

Sub-tenancies.

either party, order that the tenant shall be liable to pay a reasonable rent which may be lesser or greater than the rent fixed in respect of the new tenancy under section 119K.

119N. (1) Subject to section 119M(2), in any case where-

(a) a notice to terminate a tenancy has been given under section 119 or a request for a new tenancy has been made under section 119A; and

(b) an application to the Tribunal has been made under

section 117(1); and

(c) apart from this section, the effect of the notice or request would be to terminate the tenancy before the expiration of the period of 3 months beginning with the date on which the application is finally disposed of,

the effect of the notice or request shall be to terminate the tenancy at the expiration of the said period of 3 months and not at any other time.

(2) The reference in paragraph (c) of subsection (1) to the date on which an application is finally disposed of shall be construed as a reference to the earliest date by which the proceedings on the application (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing has expired, except that if the application is withdrawn or any appeal is abandoned the reference shall be construed as a reference to the date of the withdrawal or abandonment.

1190. Where the duration of a current tenancy is such that the time limits fixed in this Part for the giving of notices are not appropriate, the Tribunal may, on application, fix different time limits.

119P. (1) Where a tenant has, in breach of the current tenancy, sublet the whole or any part of the premises and the current tenancy is terminated under this Part, the sub- tenancy shall also terminate.

(2) Where a tenant has, without breach of the current tenancy, sublet the whole or any part of the premises and the sub-tenant has given notice in the specified form to the landlord of his interest in the premises, a copy of any notice or request given or made under sections 119, 119A, 119B and 119D and a copy of the application under section 117(1) shall be served on the sub-tenant; and-

(a) if the tenant fails to make a request for a new tenancy under section 119A, the sub-tenant may make a request for a new tenancy immediately from the landlord;

(b) if the tenant fails to apply for a new tenancy under section 117, the sub-tenant may apply for a new tenancy immediately from the landlord.

(3) Where a sub-tenant makes a request for a new tenancy under section 119A and subsection (2), he may, in