223
CAP. 71
Landlord and Tenant (Consolidation)
[1988 Ed.
(3) Nothing in this section shall prejudice the right of any person to recovery by civil action any such sums as a magistrate may order to be paid under the provisions of subsection (2).
(4) Any person who, in any document required under this Part to be lodged with or served on the Commissioner, makes a false statement, knowing it to be false or not believing it to be true, commits an offence and is liable to a fine of $5,000. (Added 40 of 1984 s. 6)
Recovery of excessive payments by civil action
(25 of 1947 s. 8 incorporated)
16. The person by whom any payment has been made or consideration has been given the demanding or receiving of which is made an offence under the provisions of section 15 may recover the amount or value thereof by action: (Amended 76 of 1981 s. 11)
Provided that any action for such recovery shall be commenced within 6 months after the making of such payment or giving of such consideration.
(25 of 1947 s. 9 incorporated)
Protected Tenancies
Restriction on recovery of possession and effect of retention of possession
17. (1) No order against a tenant for the recovery of possession of or for ejectment from any premises to which this Part applies shall be made otherwise than under this Part or under any Ordinance empowering any court or magistrate to make an order terminating the tenancy of any premises or for the closure of or ejection of the tenant from, any premises, by reason of the use thereof for immoral or illegal purposes or of the dangerous, insanitary or overcrowded state thereof, or with respect to which any offence has been committed.
(2) Any tenant who before 23 May 1947 has retained possession of any premises by virtue of any enactment repealed by this Part* and who is on 23 May 1947 in possession of premises to which this Part applies and any tenant who shall retain possession by virtue of this Part 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 this Part, 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 1 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-
* See s. 38 of the Landlord and Tenant Ordinance 1947 (25 of 1947).
223
CAP. 71
Landlord and Tenant (Consolidation)
[1988 Ed.
(3) Nothing in this section shall prejudice the right of any person to recovery by civil action any such sums as a magistrate may order to be paid under the provisions of subsection (2).
(4) Any person who, in any document required under this Part to be lodged with or served on the Commissioner, makes a false statement, knowing it to be false or not believing it to be true, commits an offence and is liable to a fine of $5,000. (Added 40 of 1984 s. 6)
Recovery of excessive payments by civil action
(25 of 1947 s. 8 incorporated)
16. The person by whom any payment has been made or consideration has been given the demanding or receiving of which is made an offence under the provisions of section 15 may recover the amount or value thereof by action: (Amended 76 of 1981 s. 11)
Provided that any action for such recovery shall be commenced within 6 months after the making of such payment or giving of such consideration.
(25 of 1947 s. 9 incorporated)
Protected Tenancies
Restriction on recovery of possession and effect of retention of possession
17. (1) No order against a tenant for the recovery of possession of or for ejectment from any premises to which this Part applies shall be made otherwise than under this Part or under any Ordinance empowering any court or magistrate to make an order terminating the tenancy of any premises or for the closure of or ejection of the tenant from, any premises, by reason of the use thereof for immoral or illegal purposes or of the dangerous, insanitary or overcrowded state thereof, or with respect to which any offence has been committed.
(2) Any tenant who before 23 May 1947 has retained possession of any premises by virtue of any enactment repealed by this Part* and who is on 23 May 1947 in possession of premises to which this Part applies and any tenant who shall retain possession by virtue of this Part 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 this Part, 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 1 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-
* See s. 38 of the Landlord and Tenant Ordinance 1947 (25 of 1947).
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