1988 Ed.]
Landlord and Tenant (Consolidation)
[CAP. 7
17
(8) The Legislative Council may by resolution amend subsection (1) by substituting, for the figure specified therein, such figure as may be specified in the resolution. (Added 39 of 1979 s. 6. Amended 40 of 1984 s. 4)
(9) In this section-
"improvement" includes structural alteration, extension or addition and the provision of additional fixtures and fittings, but does not include anything done by way of decoration or repair. (Added 76 of 1981 s. 9)
(25 of 1947 s. 6 incorporated)
Certificates of prevailing market rent
10A. (1) Where a landlord serves a tenant with a notice of increase of rent under section 10(1A) the tenant may, within 14 days of being so served, apply for a certificate under subsection (5) by sending an application in the specified form in duplicate to the Commissioner.
(2) On receipt of an application under subsection (1) the Commissioner shall serve a copy thereof on the landlord.
(3) Within 14 days of service on him under subsection (2) of a copy of the tenant's application, the landlord may send his representations thereon to the Commissioner.
(4) Where the Commissioner receives representations from a landlord under subsection (3) which indicate that the landlord disputes any fact set out in the tenant's application, he shall determine the facts in dispute and then deal with the application in accordance with subsection (5).
(5) Where a tenant makes an application under subsection (1), the Commissioner shall, if satisfied that the increased rent specified in the landlord's notice under section 10(1A)--
(a) does not exceed the prevailing market rent of the premises aggregated, where the rates in respect of the premises are payable by the landlord, with the amount of the rates, issue free of charge and serve on the landlord and tenant certificates in the specified form to that effect;
(b) exceeds the prevailing market rent of the premises aggregated, where the rates in respect of the premises are payable by the landlord, with the amount of the rates, issue free of charge and serve on the landlord and tenant certificates in the specified form stating-
(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,
and may endorse on the certificates such matters as he thinks proper relating to such application, which, in the case of a dispute as to facts shall include the Commissioner's determination thereof under subsection (4). (Amended 29 of 1983 s. 46)
(6) A certificate issued under subsection (5) shall in any proceedings be prima facie evidence of the facts set out therein.
(7) (Repealed 40 of 1984 s. 5)
1988 Ed.]
Landlord and Tenant (Consolidation}
[CAP. 7
17
(8) The Legislative Council may by resolution amend subsection (1) by substituting, for the figure specified therein, such figure as may be specified in the resolution. (Added 39 of 1979 s. 6. Amended 40 of 1984 s. 4)
(9) In this section-
"improvement" includes structural alteration, extension or addition and the provision of additional fixtures and fittings, but does not include anything done by way of decoration or repair. (Added 76 of 1981 s. 9}
(25 of 1947 s. 6 incorporated)
Certificates of prevailing market rent
10A. (1) Where a landlord serves a tenant with a notice of increase of rent under section 10(1A) the tenant may, within 14 days of being so served, apply for a certificate under subsection (5) by sending an application in the specified form in duplicate to the Commissioner.
(2) On receipt of an application under subsection (1) the Commissioner shall serve a copy thereof on the landlord.
(3) Within 14 days of service on him under subsection (2) of a copy of the tenant's application, the landlord may send his representations thereon to the Commissioner.
(4) Where the Commissioner receives representations from a landlord under subsection (3) which indicate that the landlord disputes any fact set out in the tenant's application, he shall determine the facts in dispute and then deal with the application in accordance with subsection (5).
(5) Where a tenant makes an application under subsection (1), the Commissioner shall, if satisfied that the increased rent specified in the landlord's notice under section 10(1A)--
(a) does not exceed the prevailing market rent of the premises aggregated, where the rates in respect of the premises are payable by the landlord, with the amount of the rates, issue free of charge and serve on the landlord and tenant certificates in the specified form to that effect; (b) exceeds the prevailing market rent of the premises aggregated, where the rates in respect of the premises are payable by the landlord, with the amount of the rates, issue free of charge and serve on the landlord and tenant certificates in the specified form stating-
(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,
and may endorse on the certificates such matters as he thinks proper relating to such application, which, in the case of a dispute as to facts shall include the Commissioner's determination thereof under subsection (4). (Amended 29 of 1983 s. 46)
(6) A certificate issued under subsection (5) shall in any proceedings be prima facie evidence of the facts set out therein.
(7) (Repealed 40 of 1984 s. 5)
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