24
CAP. 7]
Landlord and Tenant (Consolidation)
[1988 Ed.
(5) Where, after the commencement of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1973 (64 of 1973), an agreement is made for the surrender or termination of a tenancy under subsection (1), the premises to which the agreement relates shall be excluded from the further application of this Part. (Added 64 of 1973 s. 2)
(Added 40 of 1968 s. 2. Amended 18 of 1974 s. 2; 10 of 1975 s. 6)
Duties of principal tenant
19. (1) Every principal tenant shall affix and shall keep affixed on a conspicuous part of the premises comprised in his principal tenancy a notice in Form 1 in the Second Schedule stating the rent payable by him to his landlord and shall give to each sub-tenant notice in writing of the part of such rent which he attributes to the premises let to such sub-tenant.
(2) Every principal tenant shall, whether the same shall be demanded or not, give to each sub-tenant at the time of his paying the same a receipt for the amount of the rent paid and such receipt shall state the period in respect of which such rent was payable.
(3) Every principal tenant shall, within 1 month after becoming a principal tenant, furnish to his landlord a full and true statement showing the name of all the sub-tenants of such principal tenant with sufficient particulars of the parts of the premises occupied by and of the standard rent and gross rent payable by and of the date of first occupation by each of them. (Amended 11 of 1954 s. 3)
(4) A principal tenant who fails to comply with any of the provisions of subsections (1), (2) and (3) shall be guilty of an offence and shall be liable on summary conviction to a fine of $2,000. (Amended 22 of 1953 s. 10)
(5) Upon the hearing of any summons issued under this section, it shall be lawful for a magistrate, in addition to imposing a fine if the defendant is convicted, to order the eviction of the defendant. (Amended 22 of 1953 s. 10)
(6) Where a principal tenant is evicted under the provisions of this section or of section 15, the sub-tenants of such principal tenant shall be deemed to be and shall thereafter be tenants of the immediate landlord of such principal tenant and shall be deemed to hold their respective premises upon the terms and conditions upon which they held them from the principal tenant:
Provided that such immediate landlord shall be entitled to demand or receive from such sub-tenant only such rent as he would have been entitled to demand or receive if the tenancy of the principal tenant had been terminated under the provisions of section 21 and shall undertake towards the sub-tenants all those obligations formerly undertaken by the principal tenant.
(7) It shall be the duty of the immediate landlord of the principal tenant to ensure that the provisions of subsection (1) are complied with, and an immediate landlord who fails without reasonable excuse (the burden of proving which shall be upon him) to ensure that the said provisions are complied with shall be guilty of an offence and shall be liable on summary conviction to a fine of $2,000. (Added 22 of 1953 s. 10)
(25 of 1947 s. 11 incorporated)
Page 25
Page 26
24
CAP. 7]
Landlord and Tenant (Consolidation)
[1988 Ed.
(5) Where, after the commencement of the Landlord and Tenant (Con- solidation) (Amendment) Ordinance 1973 (64 of 1973), an agreement is made for the surrender or termination of a tenancy under subsection (1), the premises to which the agreement relates shall be excluded from the further application of this Part. (Added 64 of 1973 s. 2)
(Added 40 of 1968 s. 2. Amended 18 of 1974 s. 2; 10 of 1975 s. 6)
Duties of principal tenant
19. (1) Every principal tenant shall affix and shall keep affixed on a conspicuous part of the premises comprised in his principal tenancy a notice in Form 1 in the Second Schedule stating the rent payable by him to his landlord and shall give to each sub-tenant notice in writing of the part of such rent which he attributes to the premises let to such sub-tenant.
(2) Every principal tenant shall, whether the same shall be demanded or not, give to each sub-tenant at the time of his paying the same a receipt for the amount of the rent paid and such receipt shall state the period in respect of which such rent was payable.
(3) Every principal tenant shall, within 1 month after becoming a prin- cipal tenant, furnish to his landlord a full and true statement showing the name of all the sub-tenants of such principal tenant with sufficient particulars of the parts of the premises occupied by and of the standard rent and gross rent payable by and of the date of first occupation by each of them. (Amended 11 of 1954 s. 3)
(4) A principal tenant who fails to comply with any of the provisions of subsections (1), (2) and (3) shall be guilty of an offence and shall be liable on summary conviction to a fine of $2,000. (Amended 22 of 1953 s. 10)
(5) Upon the hearing of any summons issued under this section, it shall be lawful for a magistrate, in addition to imposing a fine if the defendant is convicted, to order the eviction of the defendant. (Amended 22 of 1953 s. 10)
(6) Where a principal tenant is evicted under the provisions of this section or of section 15, the sub-tenants of such principal tenant shall be deemed to be and shall thereafter be tenants of the immediate landlord of such principal tenant and shall be deemed to hold their respective premises upon the terms and conditions upon which they held them from the principal tenant:
Provided that such immediate landlord shall be entitled to demand or receive from such sub-tenant only such rent as he would have been entitled to demand or receive if the tenancy of the principal tenant had been terminated under the provisions of section 21 and shall undertake towards the sub-tenants all those obligations formerly undertaken by the principal tenant.
(7) It shall be the duty of the immediate landlord of the principal tenant to ensure that the provisions of subsection (1) are complied with, and an immediate landlord who fails without reasonable excuse (the burden of proving which shall be upon him) to ensure that the said provisions are complied with shall be guilty of an offence and shall be liable on summary conviction to a fine of $2,000. (Added 22 of 1953 s. 10)
(25 of 1947 s. 11 incorporated)
Page 25Page 26
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