1950_LANDLORD_AND_TENANT_ORDINANCE — Page 11

HK Historical Laws 香港歷史法例 All AI Reviewed

Landlord and Tenant.

the rent of the premises the subject of the former sub-tenancy.

(3) From and after the expiration of the said calendar month the sub-tenant shall in every respect be deemed to be the tenant of such immediate landlord and to hold the premises subject to the terms and conditions upon which he held the same as sub-tenant of the principal tenant: Provided always that the immediate landlord shall be entitled to recover from the sub-tenant the standard rent of the premises together with an addition thereto in the case of domestic premises of thirty per cent and, in the case of business premises, of one hundred per cent and together also with any increase sanctioned by this Ordinance but shall not be entitled to recover any greater rent notwithstanding any agreement to the contrary made between the sub-tenant and the principal tenant.

(4) Where the principal tenant has retained for his own occupation any part of the premises the subject of his tenancy from the immediate landlord, he shall, after the expiration of the said calendar month, unless he shall then deliver up possession, be deemed to be the tenant of the immediate landlord in respect of that part of the premises so retained as aforesaid and to hold the same upon a monthly tenancy at such a rent as may be fairly attributable to that part of the premises retained by him having regard to the rents recoverable by the landlord in respect of the other parts of the premises of which he was formerly the tenant: Provided always that in the event of any dispute or difference between the immediate landlord and the principal tenant as to the amount of the rent payable by such principal tenant the same may be referred to and decided by a tenancy tribunal.

(5) An immediate landlord who exercises the power conferred by subsection (1) shall undertake towards the sub-tenants all those obligations formerly undertaken by the principal tenant.

13. Subject to the provisions of section 10, nothing in this Ordinance shall be taken to limit the right of a landlord and tenant (whether or not the tenant is a tenant to whom subsection (2) of section 5 applies) to agree to such stipulations and conditions as they shall think fit in regard to the

[CAP. 255

Saving as agreements to new to vacate.

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Landlord and Tenant. the rent of the premises the subject of the former sub-tenancy. (3) From and after the expiration of the said calendar month the sub-tenant shall in every respect be deemed to be the tenant of such immediate landlord and to hold the premises subject to the terms and conditions upon which he held the same as sub-tenant of the principal tenant: Provided always that the immediate landlord shall be entitled to recover from the sub-tenant the standard rent of the premises together with an addition thereto in the case of domestic premises of thirty per cent and, in the case of business premises, of one hundred per cent and together also with any increase sanctioned by this Ordinance but shall not be entitled to recover any greater rent notwithstanding any agreement to the contrary made between the sub-tenant and the principal tenant. (4) Where the principal tenant has retained for his own occupation any part of the premises the subject of his tenancy from the immediate landlord, he shall, after the expiration of the said calendar month, unless he shall then deliver up possession, be deemed to be the tenant of the immediate landlord in respect of that part of the premises so retained as aforesaid and to hold the same upon a monthly tenancy at such a rent as may be fairly attributable to that part of the premises retained by him having regard to the rents recoverable by the landlord in respect of the other parts of the premises of which he was formerly the tenant: Provided always that in the event of any dispute or difference between the immediate landlord and the principal tenant as to the amount of the rent payable by such principal tenant the same may be referred to and decided by a tenancy tribunal. (5) An immediate landlord who exercises the power conferred by subsection (1) shall undertake towards the sub-tenants all those obligations formerly undertaken by the principal tenant. 13. Subject to the provisions of section 10, nothing in this Ordinance shall be taken to limit the right of a landlord and tenant (whether or not the tenant is a tenant to whom subsection (2) of section 5 applies) to agree to such stipulations and conditions as they shall think fit in regard to the 75 [CAP. 255 Saving as agreements to new to vacate.

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Landlord and Tenant. the rent of the premises the subject of the former sub- tenancy. (3) From and after the expiration of the said calendar month the sub-tenant shall in every respect be deemed to be the tenant of such immediate landlord and to hold the premises subject to the terms and conditions upon which he held the same as sub-tenant of the principal tenant: Provided always that the immediate landlord shall be entitled to recover from the sub-tenant the standard rent of the premises together with an addition thereto in the case of domestic premises of thirty per cent and, in the case of business premises, of one hundred per cent and together also with any increase sanctioned by this Ordinance but shall not be entitled to recover any greater rent notwith- standing any agreement to the contrary made between the sub-tenant and the principal tenant. (4) Where the principal tenant has retained for his own occupation any part of the premises the subject of his tenancy from the immediate landlord, he shall, after the expiration of the said calendar month, unless he shall then deliver up possession, be deemed to be the tenant of the immediate landlord in respect of that part of the premises so retained as aforesaid and to hold the same upon a monthly tenancy at such a rent as may be fairly attributable to that part of the premises retained by him having regard to the rents recoverable by the landlord in respect of the other parts of the premises of which he was formerly the tenant : Provided always that in the event of any dispute or difference between the immediate landlord and the principal tenant as to the amount of the rent payable by such principal tenant the same may be referred to and decided by a tenancy tribunal. (5) An immediate landlord who exercises the power conferred by subsection (1) shall undertake towards the sub- tenants all those obligations formerly undertaken by the principal tenant. 13. Subject to the provisions of section 10, nothing in this Ordinance shall be taken to limit the right of a landlord and tenant (whether or not the tenant is a tenant to whom subsection (2) of section 5 applies) to agree to such stipula- tions and conditions as they shall think fit in regard to the 75 [CAP. 255 Saving as agreements to new to vacate.

2026-05-03 21:58:46 · Baseline

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Landlord and Tenant.

the rent of the premises the subject of the former sub- tenancy.

(3) From and after the expiration of the said calendar month the sub-tenant shall in every respect be deemed to be the tenant of such immediate landlord and to hold the premises subject to the terms and conditions upon which he held the same as sub-tenant of the principal tenant: Provided always that the immediate landlord shall be entitled to recover from the sub-tenant the standard rent of the premises together with an addition thereto in the case of domestic premises of thirty per cent and, in the case of business premises, of one hundred per cent and together also with any increase sanctioned by this Ordinance but shall not be entitled to recover any greater rent notwith- standing any agreement to the contrary made between the sub-tenant and the principal tenant.

(4) Where the principal tenant has retained for his own occupation any part of the premises the subject of his tenancy from the immediate landlord, he shall, after the expiration of the said calendar month, unless he shall then deliver up possession, be deemed to be the tenant of the immediate landlord in respect of that part of the premises so retained as aforesaid and to hold the same upon a monthly tenancy at such a rent as may be fairly attributable to that part of the premises retained by him having regard to the rents recoverable by the landlord in respect of the other parts of the premises of which he was formerly the tenant : Provided always that in the event of any dispute or difference between the immediate landlord and the principal tenant as to the amount of the rent payable by such principal tenant the same may be referred to and decided by a tenancy tribunal.

(5) An immediate landlord who exercises the power conferred by subsection (1) shall undertake towards the sub- tenants all those obligations formerly undertaken by the principal tenant.

13. Subject to the provisions of section 10, nothing in this Ordinance shall be taken to limit the right of a landlord and tenant (whether or not the tenant is a tenant to whom subsection (2) of section 5 applies) to agree to such stipula- tions and conditions as they shall think fit in regard to the

[CAP. 255

Saving as agreements

to new

to vacate.

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