1950_LANDLORD_AND_TENANT_ORDINANCE — Page 5

HK Historical Laws 香港歷史法例 All AI Reviewed

Landlord and Tenant.

Ordinance shall so long as he retains possession observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, so far as the same are consistent with the provisions of this Ordinance, and shall be entitled to give up possession only on giving such notice as would have been required under the original contract of tenancy, or, if no notice would have been so required on giving not less than one month's notice: Provided that notwithstanding anything in the contract of tenancy a landlord who obtains an order for the recovery of possession from or the eviction of any tenant retaining possession as aforesaid shall not be required to give any notice to quit to the tenant.

(3) Subsection (1) shall not apply to-

(a) proceedings by a person claiming under a title adverse and superior to that under which the original tenancy, by virtue of which the tenant became entitled to retain possession, was derived; or

(b) proceedings against a derivative landlord: Provided always that no order or judgment against a derivative landlord for the recovery of possession or ejectment therefrom shall affect the right of any sub-tenant to whom the premises or any part thereof shall have been lawfully sub-let before proceedings for recovery of possession or ejectment were commenced to retain possession under this section or be in any way operative against any such sub-tenant.

[CAP. 255

(4) Notwithstanding the provisions of subsection (1)—
43 of 1949, s. 3.
(a) a closure order may be made under section 141 of
the Buildings Ordinance; and

(b) a closure order may be made under subsection (7) of section 128 of the Buildings Ordinance if the Building Authority has certified by writing under his hand that the making of such an order is necessary in order to enable the owner to carry out the building works required without undue danger to the tenants or to the public generally.

(Cap. 123.)

increases and adjustments.

6. (1) In the case of domestic premises there shall be permitted payable and recoverable by way of rent in addition to the standard rent thereof an amount equivalent to thirty per cent of such standard rent and in the case of business premises

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Landlord and Tenant. Ordinance shall so long as he retains possession observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, so far as the same are consistent with the provisions of this Ordinance, and shall be entitled to give up possession only on giving such notice as would have been required under the original contract of tenancy, or, if no notice would have been so required on giving not less than one month's notice: Provided that notwithstanding anything in the contract of tenancy a landlord who obtains an order for the recovery of possession from or the eviction of any tenant retaining possession as aforesaid shall not be required to give any notice to quit to the tenant. (3) Subsection (1) shall not apply to- (a) proceedings by a person claiming under a title adverse and superior to that under which the original tenancy, by virtue of which the tenant became entitled to retain possession, was derived; or (b) proceedings against a derivative landlord: Provided always that no order or judgment against a derivative landlord for the recovery of possession or ejectment therefrom shall affect the right of any sub-tenant to whom the premises or any part thereof shall have been lawfully sub-let before proceedings for recovery of possession or ejectment were commenced to retain possession under this section or be in any way operative against any such sub-tenant. [CAP. 255 (4) Notwithstanding the provisions of subsection (1)—43 of 1949, s. 3.(a) a closure order may be made under section 141 ofthe Buildings Ordinance; and (b) a closure order may be made under subsection (7) of section 128 of the Buildings Ordinance if the Building Authority has certified by writing under his hand that the making of such an order is necessary in order to enable the owner to carry out the building works required without undue danger to the tenants or to the public generally. (Cap. 123.) increases and adjustments. 6. (1) In the case of domestic premises there shall be permitted payable and recoverable by way of rent in addition to the standard rent thereof an amount equivalent to thirty per cent of such standard rent and in the case of business premises 69 Page 5 Page 6
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Landlord and Tenant. Ordinance shall so long as he retains possession observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, so far as the same are con- sistent with the provisions of this Ordinance, and shall be entitled to give up possession only on giving such notice as would have been required under the original contract of tenancy, or, if no notice would have been so required on giving not less than one month's notice: Provided that notwithstanding anything in the contract of tenancy a land- lord who obtains an order for the recovery of possession. from or the eviction of any tenant retaining possession as aforesaid shall not be required to give any notice to quit to the tenant. (3) Subsection (1) shall not apply to- (a) proceedings by a person claiming under a title adverse and superior to that under which the original tenancy, by virtue of which the tenant became entitled to retain possession, was derived; or (b) proceedings against a derivative landlord: Provided always that no order or judgment against a derivative landlord for the recovery of possession or eject- ment therefrom shall affect the right of any sub-tenant to whom the premises or any part thereof shall have been lawfully sub-let before proceedings for recovery of posses- sion or ejectment were commenced to retain possession under this section or be in any way operative against any such sub-tenant. [CAP. 255 (4) Notwithstanding the provisions of subsection (1)— 43 of 1949, s. 3. (a) a closure order may be made under section 141 of the Buildings Ordinance; and .(b) a closure order may be made under subsection (7) of section 128 of the Buildings Ordinance if the Building Authority has certified by writing under his hand that the making of such an order is neces- sary in order to enable the owner to carry out the building works required without undue danger to the tenants or to the public generally. (Cap. 123.) increases and adjustments. 6. (1) In the case of domestic premises there shall be permitted payable and recoverable by way of rent in addition to the standard rent thereof an amount equivalent to thirty per cent of such standard rent and in the case of business premises 69 Page 5Page 6
2026-05-03 21:58:08 · Baseline
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Landlord and Tenant.

Ordinance shall so long as he retains possession observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, so far as the same are con- sistent with the provisions of this Ordinance, and shall be entitled to give up possession only on giving such notice as would have been required under the original contract of tenancy, or, if no notice would have been so required on giving not less than one month's notice: Provided that notwithstanding anything in the contract of tenancy a land- lord who obtains an order for the recovery of possession. from or the eviction of any tenant retaining possession as aforesaid shall not be required to give any notice to quit to the tenant.

(3) Subsection (1) shall not apply to-

(a) proceedings by a person claiming under a title adverse and superior to that under which the original tenancy, by virtue of which the tenant became entitled to retain possession, was derived; or

(b) proceedings against a derivative landlord: Provided always that no order or judgment against a derivative landlord for the recovery of possession or eject- ment therefrom shall affect the right of any sub-tenant to whom the premises or any part thereof shall have been lawfully sub-let before proceedings for recovery of posses- sion or ejectment were commenced to retain possession under this section or be in any way operative against any such sub-tenant.

[CAP. 255

(4) Notwithstanding the provisions of subsection (1)— 43 of 1949, s. 3. (a) a closure order may be made under section 141 of

the Buildings Ordinance; and

.(b) a closure order may be made under subsection (7) of section 128 of the Buildings Ordinance if the Building Authority has certified by writing under his hand that the making of such an order is neces- sary in order to enable the owner to carry out the building works required without undue danger to the tenants or to the public generally.

(Cap. 123.)

increases and adjustments.

6. (1) In the case of domestic premises there shall be permitted payable and recoverable by way of rent in addition to the standard rent thereof an amount equivalent to thirty per cent of such standard rent and in the case of business premises

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