1964_LANDLORD_AND_TENANT_(CONSOLIDATION)_ORDINANCE — Page 103

HK Historical Laws 香港歷史法例 All AI Reviewed

102

CAP. 7

Landlord and Tenant (Consolidation)

[1988 Ed.

(d) the landlord intends to rebuild the premises. (Added 32 of 1985 s. 23)

(Added 39 of 1979 s. 23. Amended 76 of 1981 s. 55; 32 of 1985 s. 23)

Rent where notice of termination is ordered not to take effect

124C. (1) Where the Tribunal makes an order under section 124B(2) in respect of any premises there shall be payable, by way of rent for those premises from the date upon which the tenancy would but for the order have ceased, an amount equivalent to—

(a) the aggregate of the following

(i) the prevailing market rent of the premises; and

(ii) where the rates in respect of the premises are payable by the landlord, the amount of the rates; or

(b) the aggregate of the following-

(i) the current rent of the premises;

(ii) one-third of the current rent of the premises, disregarding any cents included in the quotient; and

(iii) where the rates in respect of the premises are payable by the landlord, the amount of the rates,

whichever is the lesser.

(2) Where the Tribunal makes an order under section 124B(2) in respect of any premises it shall proceed to determine the new rent for the premises calculated in accordance with subsection (1).

(Added 39 of 1979 s. 23. Amended 76 of 1981 s. 56; 29 of 1983 s. 46)

125. (Repealed 52 of 1981 s. 14) (For savings see Ord. No. 52 of 1981 s. 14(2))

Covenant to pay rent to be implied

126. In the absence of any express covenant for the payment of rent and condition for forfeiture, there shall be implied in every tenancy a covenant to pay the rent on the due date and a condition for forfeiture for non-payment within 15 days of the due date.

(Added 37 of 1965 s. 3)

Saving of rights arising out of breach of tenancy

127. Nothing contained in this Part shall affect any right or remedy arising, either before or after 14 April 1962 out of any breach of condition or other term in any tenancy or out of any condition providing for a right of re-entry in the event of the tenant's business being wound up, the tenant suffering execution to be levied or a receiving order in bankruptcy to be made, assigning the lease for the benefit of creditors or entering any agreement or making any arrangement with creditors for the liquidation of debts by composition or otherwise:

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102 CAP. 7 Landlord and Tenant (Consolidation) [1988 Ed. (d) the landlord intends to rebuild the premises. (Added 32 of 1985 s. 23) (Added 39 of 1979 s. 23. Amended 76 of 1981 s. 55; 32 of 1985 s. 23) Rent where notice of termination is ordered not to take effect 124C. (1) Where the Tribunal makes an order under section 124B(2) in respect of any premises there shall be payable, by way of rent for those premises from the date upon which the tenancy would but for the order have ceased, an amount equivalent to— (a) the aggregate of the following (i) the prevailing market rent of the premises; and (ii) where the rates in respect of the premises are payable by the landlord, the amount of the rates; or (b) the aggregate of the following- (i) the current rent of the premises; (ii) one-third of the current rent of the premises, disregarding any cents included in the quotient; and (iii) where the rates in respect of the premises are payable by the landlord, the amount of the rates, whichever is the lesser. (2) Where the Tribunal makes an order under section 124B(2) in respect of any premises it shall proceed to determine the new rent for the premises calculated in accordance with subsection (1). (Added 39 of 1979 s. 23. Amended 76 of 1981 s. 56; 29 of 1983 s. 46) 125. (Repealed 52 of 1981 s. 14) (For savings see Ord. No. 52 of 1981 s. 14(2)) Covenant to pay rent to be implied 126. In the absence of any express covenant for the payment of rent and condition for forfeiture, there shall be implied in every tenancy a covenant to pay the rent on the due date and a condition for forfeiture for non-payment within 15 days of the due date. (Added 37 of 1965 s. 3) Saving of rights arising out of breach of tenancy 127. Nothing contained in this Part shall affect any right or remedy arising, either before or after 14 April 1962 out of any breach of condition or other term in any tenancy or out of any condition providing for a right of re-entry in the event of the tenant's business being wound up, the tenant suffering execution to be levied or a receiving order in bankruptcy to be made, assigning the lease for the benefit of creditors or entering any agreement or making any arrangement with creditors for the liquidation of debts by composition or otherwise:
Baseline (Original)
102 CAP. 7 Landlord and Tenant (Consolidation) [1988 Ed. (d) the landlord intends to rebuild the premises. (Added 32 of 1985 s. 23) (Added 39 of 1979 s. 23. Amended 76 of 1981 s. 55; 32 of 1985 s. 23) Rent where notice of termination is ordered not to take effect 124C. (1) Where the Tribunal makes an order under section 124B(2) in respect of any premises there shall be payable, by way of rent for those premises from the date upon which the tenancy would but for the order have ceased, an amount equivalent to— (a) the aggregate of the following (i) the prevailing market rent of the premises; and (ii) where the rates in respect of the premises are payable by the landlord, the amount of the rates; or (b) the aggregate of the following- (i) the current rent of the premises; (ii) one-third of the current rent of the premises, disregarding any cents included in the quotient; and (iii) where the rates in respect of the premises are payable by the landlord, the amount of the rates, whichever is the lesser. (2) Where the Tribunal makes an order under section 124B(2) in respect of any premises it shall proceed to determine the new rent for the premises calculated in accordance with subsection (1). (Added 39 of 1979 s. 23. Amended 76 of 1981 s. 56; 29 of 1983 s. 46) 125. (Repealed 52 of 1981 s. 14) (For savings see Ord. No. 52 of 1981 s. 14(2)) Covenant to pay rent to be implied 126. In the absence of any express covenant for the payment of rent and condition for forfeiture, there shall be implied in every tenancy a covenant to pay the rent on the due date and a condition for forfeiture for non-payment within 15 days of the due date. (Added 37 of 1965 s. 3) Saving of rights arising out of breach of tenancy 127. Nothing contained in this Part shall affect any right or remedy arising, either before or after 14 April 1962 out of any breach of condition or other term in any tenancy or out of any condition providing for a right of re-entry in the event of the tenant's business being wound up, the tenant suffering execution to be levied or a receiving order in bankruptcy to be made, assigning the lease for the benefit of creditors or entering any agreement or making any arrangement with creditors for the liquidation of debts by composition or otherwise: +
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102

CAP. 7

Landlord and Tenant (Consolidation)

[1988 Ed.

(d) the landlord intends to rebuild the premises. (Added 32 of 1985

s. 23)

(Added 39 of 1979 s. 23. Amended 76 of 1981 s. 55; 32 of 1985 s. 23)

Rent where notice of termination is ordered not to

take effect

124C. (1) Where the Tribunal makes an order under section 124B(2) in respect of any premises there shall be payable, by way of rent for those premises from the date upon which the tenancy would but for the order have ceased, an amount equivalent to—

(a) the aggregate of the following

(i) the prevailing market rent of the premises; and

(ii) where the rates in respect of the premises are payable by the landlord, the amount of the rates; or

(b) the aggregate of the following-

(i) the current rent of the premises;

(ii) one-third of the current rent of the premises, disregarding any cents included in the quotient; and

(iii) where the rates in respect of the premises are payable by the landlord, the amount of the rates,

whichever is the lesser.

(2) Where the Tribunal makes an order under section 124B(2) in respect of any premises it shall proceed to determine the new rent for the premises calculated in accordance with subsection (1).

(Added 39 of 1979 s. 23. Amended 76 of 1981 s. 56; 29 of 1983 s. 46)

125. (Repealed 52 of 1981 s. 14) (For savings see Ord. No. 52 of 1981 s. 14(2))

Covenant to pay rent to be implied

126. In the absence of any express covenant for the payment of rent and condition for forfeiture, there shall be implied in every tenancy a covenant to pay the rent on the due date and a condition for forfeiture for non-payment within 15 days of the due date.

(Added 37 of 1965 s. 3)

Saving of rights arising out of breach of tenancy

127. Nothing contained in this Part shall affect any right or remedy arising, either before or after 14 April 1962 out of any breach of condition or other term in any tenancy or out of any condition providing for a right of re-entry in the event of the tenant's business being wound up, the tenant suffering execution to be levied or a receiving order in bankruptcy to be made, assigning the lease for the benefit of creditors or entering any agreement or making any arrangement with creditors for the liquidation of debts by composition or otherwise:

+

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