CAP. 71
Landlord and Tenant (Consolidation)
[1988 Ed.
(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. (Replaced 76 of 1981 s. 9)
(3B) No account shall be taken of
(a) expenditure incurred prior to the commencement of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1976 (56 of 1976);
(b) expenditure in respect of which an increase in rent has previously been made under this section. (Added 56 of 1976 s. 2)
(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. (Added 76 of 1981 s. 9)
(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 improvement 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. (Added 76 of 1981 s. 9)
(4) If the Commissioner is satisfied on the application of a landlord or tenant of premises other than dependent domestic premises that the services and facilities which the landlord is liable to provide under the tenancy agreement differ from those which the landlord was liable to provide under the tenancy agreement by reference to which the standard rent was ascertained, the Commissioner may adjust the standard rent accordingly and upon such adjustment the rent substituted by the Commissioner shall be and become the standard rent for the purposes of this Part but without prejudice to further adjustment under this subsection or under other provisions of this Part. (Amended 76 of 1981 s. 9)
(5) Nothing in this Part shall be taken to authorize any increase of rent in respect of a period prior to 23 May 1947.
(6) If any notice served for the purposes of subsection (1) contains any statement or representation which is false or misleading in any material respect, the landlord shall be liable on summary conviction to a fine of $1,000 unless he proves that the statement was made innocently and without intent to deceive.
(7) Where the notice of an increase of rent which at the time was valid has been served on any tenant, the increase may be continued without service of any fresh notice on any subsequent tenant.
16
CAP. 71
Landlord and Tenant (Consolidation)
[1988 Ed.
(3A) In determining the amount of expenditure incurred on improve- ments, expenditure incurred in the 6 months immediately prior to the date of service of the notice of increase under subsection (3AA) may be aggregated. (Replaced 76 of 1981 s. 9)
(3B) No account shall be taken of
(a) expenditure incurred prior to the commencement of the Landlord and
Tenant (Consolidation) (Amendment) Ordinance 1976 (56 of 1976); (b) expenditure in respect of which an increase in rent has previously been
made under this section. (Added 56 of 1976 s. 2)
(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. (Added 76 of 1981 s. 9)
(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 improvement 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. (Added 76 of 1981 s. 9)
(4) If the Commissioner is satisfied on the application of a landlord or tenant of premises other than dependent domestic premises that the services and facilities which the landlord is liable to provide under the tenancy agreement differ from those which the landlord was liable to provide under the tenancy agreement by reference to which the standard rent was ascertained, the Commissioner may adjust the standard rent accordingly and upon such adjustment the rent substituted by the Commissioner shall be and become the standard rent for the purposes of this Part but without prejudice to further adjustment under this subsection or under other provisions of this Part. (Amended 76 of 1981 s. 9)
(5) Nothing in this Part shall be taken to authorize any increase of rent in respect of a period prior to 23 May 1947.
(6) If any notice served for the purposes of subsection (1) contains any statement or representation which is false or misleading in any material respect, the landlord shall be liable on summary conviction to a fine of $1,000 unless he proves that the statement was made innocently and without intent to deceive.
(7) Where the notice of an increase of rent which at the time was valid has been served on any tenant, the increase may be continued without service of any fresh notice on any subsequent tenant.
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