30
CAP. 7]
Landlord and Tenant (Consolidation)
[1988 Ed.
(d) entertain and determine concurrently with any other application, any application for the payment of rent or mesne profits of any premises to which this Part applies accruing due on or after 1 October 1945,
and make such order thereon as the Tribunal shall think fit.
(25 of 1947 s. 17 incorporated. Amended 76 of 1981 s. 19)
Order for ejectment of tenant
33. (1) The Tribunal on the application of a landlord may make an order for the recovery of possession from or the ejectment of—
(a) a principal tenant who has been served with a notice under section 21 and who has elected to quit and failed to do so or who has collected or attempted to collect rent from the sub-tenants of such premises in respect of a period subsequent to the expiration of a calendar month following the service of such notice; (Amended 11 of 1954 s. 5)
(b) a tenant who has been convicted of an offence against this Part or of using or suffering or permitting to be used the premises or any part thereof for an immoral or illegal purpose;
(c) a tenant who, except for a cause which the Tribunal shall deem sufficient to entitle the tenant to the continued protection of this Part being a cause not attributable either to his own default or to lack of means, fails to pay within 15 days after demand the permitted rent which has accrued due; (Replaced 22 of 1953 s. 14. Amended 29 of 1983 s. 9)
(d) a tenant who has failed to observe and perform any stipulation or condition of his tenancy agreement other than save as hereinafter provided a stipulation or condition imposing an obligation to vacate the premises;
(e) a tenant who has agreed to vacate the premises and who, in the opinion of the Tribunal, intended by such agreement to deprive himself of the protection against ejectment afforded by this Part;
(f) a person who became a tenant between 16 August 1945 and 23 May 1947 upon the condition that he should vacate the premises on the return of the person who was the tenant before 25 December 1941 and who has neglected or refused so to vacate the premises upon receipt of notice from the landlord that such former tenant had returned to Hong Kong and that the premises were required for his use; (Amended 32 of 1985 s. 6)
(g) a tenant who has given written notice to quit the premises and has failed to quit the same on the expiry of such notice;
(h) a tenant who has been guilty of conduct, or has suffered any person residing or lodging with him to be guilty of conduct, which is a nuisance or annoyance to the landlord or to other tenants or the occupiers of adjacent premises, or has persistently failed to keep his premises in a reasonably sanitary condition by reason of which failure the landlord has been required to comply with a notice served upon him under section 127 of the Public Health and Municipal Services Ordinance (Cap. 132); (Amended 10 of 1986 s. 32(1))
30
CAP. 7]
Landlord and Tenant (Consolidation)
[1988 Ed.
(d) entertain and determine concurrently with any other application, any application for the payment of rent or mesne profits of any premises to which this Part applies accruing due on or after 1 October 1945,
and make such order thereon as the Tribunal shall think fit.
(25 of 1947 s. 17 incorporated. Amended 76 of 1981 s. 19)
Order for ejectment of tenant
33. (1) The Tribunal on the application of a landlord may make an order for the recovery of possession from or the ejectment of—
(a) a principal tenant who has been served with a notice under section 21 and who has elected to quit and failed to do so or who has collected or attempted to collect rent from the sub-tenants of such premises in respect of a period subsequent to the expiration of a calendar month following the service of such notice; (Amended 11 of 1954 s. 5)
(b) a tenant who has been convicted of an offence against this Part or of using or suffering or permitting to be used the premises or any part thereof for an immoral or illegal purpose;
(c) a tenant who, except for a cause which the Tribunal shall deem sufficient to entitle the tenant to the continued protection of this Part being a cause not attributable either to his own default or to lack of means, fails to pay within 15 days after demand the permitted rent which has accrued due; (Replaced 22 of 1953 s. 14. Amended 29 of 1983 s. 9)
(d) a tenant who has failed to observe and perform any stipulation or condition of his tenancy agreement other than save as hereinafter provided a stipulation or condition imposing an obligation to vacate the premises;
(e) a tenant who has agreed to vacate the premises and who, in the opinion of the Tribunal, intended by such agreement to deprive himself of the protection against ejectment afforded by this Part; (f) a person who became a tenant between 16 August 1945 and 23 May 1947 upon the condition that he should vacate the premises on the return of the person who was the tenant before 25 December 1941 and who has neglected or refused so to vacate the premises upon receipt of notice from the landlord that such former tenant had returned to Hong Kong and that the premises were required for his use; (Amended 32 of 1985 s. 6)
(g) a tenant who has given written notice to quit the premises and has
failed to quit the same on the expiry of such notice;
(h) a tenant who has been guilty of conduct, or has suffered any person residing or lodging with him to be guilty of conduct, which is a nuisance or annoyance to the landlord or to other tenants or the occupiers of adjacent premises, or has persistently failed to keep his premises in a reasonably sanitary condition by reason of which failure the landlord has been required to comply with a notice served upon him under section 127 of the Public Health and Municipal Services Ordinance (Cap. 132); (Amended 10 of 1986 s. 32(1))
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