1964_LANDLORD_AND_TENANT_(CONSOLIDATION)_ORDINANCE — Page 50

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.]

Landlord and Tenant (Consolidation)

[CAP. 7

49

(b) the premises or any part thereof are reasonably required by the landlord or principal tenant for occupation as a residence for himself, his father, his mother or any son or daughter of his over the age of 18: (Amended 29 of 1983 s. 15)

Provided that the Tribunal shall not make an order by reason only that the circumstances of the case fall within this paragraph if

(i) in the case of a tenancy, the tenant satisfies the Tribunal that in all the circumstances of the case it would manifestly not be just and equitable to do so;

(ii) in the case of a sub-tenancy, the Tribunal is satisfied having regard to all the circumstances of the case, including the question whether other accommodation is available for the principal tenant or the sub-tenant, greater hardship would be caused by granting the order than by refusing it; (Replaced 6 of 1980 s. 5)

(c) the landlord or principal tenant intends to rebuild the premises;

(d) the tenant or the sub-tenant has caused unnecessary annoyance, inconvenience or disturbance to the landlord or the principal tenant or to any other person: (Amended 39 of 1979 s. 14)

Provided that no order shall be made under this paragraph unless the Tribunal is satisfied that the annoyance, inconvenience or disturbance had continued after a warning in writing had been served by the landlord or principal tenant on the tenant or sub-tenant causing the same; (Amended 93 of 1975 s. 14)

(e) the tenant-

(i) in the case of a tenancy to which this Part applied immediately prior to 18 December 1979, has at any time after 14 December 1973; and

(ii) in any other case, has at any time after 18 December 1979, in breach of the contractual tenancy sublet the whole or any part of the premises of which he is the tenant; (Replaced 6 of 1980 s. 5)

(f) the tenant or sub-tenant has used, or has suffered or permitted the use of, the premises of which he is the tenant or sub-tenant or any part thereof, for an immoral or illegal purpose; (Added 6 of 1980 s. 5)

(g) the tenant or the sub-tenant has entered into an endorsed agreement mentioned in section 52A and has failed to deliver up vacant possession under that agreement; or (Added 29 of 1983 s. 15)

(h) the tenant has sublet the whole or any part of the premises of which he is tenant and does not occupy any part of the premises as his dwelling. (Added 29 of 1983 s. 15)

(2A) (a) For the purposes of subsection (2)(b) —

"landlord or principal tenant" includes one or more landlords or principal tenants, holding the premises jointly or in common, with the other landlord or landlords or principal tenant or tenants so holding assenting to an order for possession; and

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1988 Ed.] Landlord and Tenant (Consolidation) [CAP. 7 49 (b) the premises or any part thereof are reasonably required by the landlord or principal tenant for occupation as a residence for himself, his father, his mother or any son or daughter of his over the age of 18: (Amended 29 of 1983 s. 15) Provided that the Tribunal shall not make an order by reason only that the circumstances of the case fall within this paragraph if (i) in the case of a tenancy, the tenant satisfies the Tribunal that in all the circumstances of the case it would manifestly not be just and equitable to do so; (ii) in the case of a sub-tenancy, the Tribunal is satisfied having regard to all the circumstances of the case, including the question whether other accommodation is available for the principal tenant or the sub-tenant, greater hardship would be caused by granting the order than by refusing it; (Replaced 6 of 1980 s. 5) (c) the landlord or principal tenant intends to rebuild the premises; (d) the tenant or the sub-tenant has caused unnecessary annoyance, inconvenience or disturbance to the landlord or the principal tenant or to any other person: (Amended 39 of 1979 s. 14) Provided that no order shall be made under this paragraph unless the Tribunal is satisfied that the annoyance, inconvenience or disturbance had continued after a warning in writing had been served by the landlord or principal tenant on the tenant or sub-tenant causing the same; (Amended 93 of 1975 s. 14) (e) the tenant- (i) in the case of a tenancy to which this Part applied immediately prior to 18 December 1979, has at any time after 14 December 1973; and (ii) in any other case, has at any time after 18 December 1979, in breach of the contractual tenancy sublet the whole or any part of the premises of which he is the tenant; (Replaced 6 of 1980 s. 5) (f) the tenant or sub-tenant has used, or has suffered or permitted the use of, the premises of which he is the tenant or sub-tenant or any part thereof, for an immoral or illegal purpose; (Added 6 of 1980 s. 5) (g) the tenant or the sub-tenant has entered into an endorsed agreement mentioned in section 52A and has failed to deliver up vacant possession under that agreement; or (Added 29 of 1983 s. 15) (h) the tenant has sublet the whole or any part of the premises of which he is tenant and does not occupy any part of the premises as his dwelling. (Added 29 of 1983 s. 15) (2A) (a) For the purposes of subsection (2)(b) "landlord or principal tenant" includes one or more landlords or principal tenants, holding the premises jointly or in common, with the other landlord or landlords or principal tenant or tenants so holding assenting to an order for possession; and Page 50 Page 51
Baseline (Original)
1988 Ed.] Landlord and Tenant (Consolidation) [CAP. 7 49 (b) the premises or any part thereof are reasonably required by the landlord or principal tenant for occupation as a residence for him- self, his father, his mother or any son or daughter of his over the age of 18: (Amended 29 of 1983 s. 15) Provided that the Tribunal shall not make an order by reason only that the circumstances of the case fall within this paragraph if (i) in the case of a tenancy, the tenant satisfies the Tribunal that in all the circumstances of the case it would manifestly not be just and equitable to do so; (ii) in the case of a sub-tenancy, the Tribunal is satisfied having regard to all the circumstances of the case, including the question whether other accommodation is available for the principal tenant or the sub-tenant, greater hardship would be caused by granting the order than by refusing it; (Replaced 6 of 1980 s. 5) (c) the landlord or principal tenant intends to rebuild the premises; (d) the tenant or the sub-tenant has caused unnecessary annoyance, inconvenience or disturbance to the landlord or the principal tenant or to any other person: (Amended 39 of 1979 s. 14) Provided that no order shall be made under this paragraph unless the Tribunal is satisfied that the annoyance, inconvenience or disturb- ance had continued after a warning in writing had been served by the landlord or principal tenant on the tenant or sub-tenant causing the same; (Amended 93 of 1975 s. 14) (e) the tenant- (i) in the case of a tenancy to which this Part applied immediately prior to 18 December 1979, has at any time after 14 December 1973; and (ii) in any other case, has at any time after 18 December 1979, in breach of the contractual tenancy sublet the whole or any part of the premises of which he is the tenant; (Replaced 6 of 1980 s. 5) (f) the tenant or sub-tenant has used, or has suffered or permitted the use of, the premises of which he is the tenant or sub-tenant or any part thereof, for an immoral or illegal purpose; (Added 6 of 1980 s. 5) (g) the tenant or the sub-tenant has entered into an endorsed agreement mentioned in section 52A and has failed to deliver up vacant posses- sion under that agreement; or ( Added 29 of 1983 s. 15) (h) the tenant has sublet the whole or any part of the premises of which he is tenant and does not occupy any part of the premises as his dwelling. (Added 29 of 1983 s. 15) (2A) (a) For the purposes of subsection (2)(b) —–— "landlord or principal tenant" includes one or more landlords or principal tenants, holding the premises jointly or in common, with the other landlord or landlords or principal tenant or tenants so holding assenting to an order for possession; and Page 50Page 51
2026-05-04 21:51:22 · Baseline
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1988 Ed.]

Landlord and Tenant (Consolidation)

[CAP. 7

49

(b) the premises or any part thereof are reasonably required by the landlord or principal tenant for occupation as a residence for him- self, his father, his mother or any son or daughter of his over the age of 18: (Amended 29 of 1983 s. 15)

Provided that the Tribunal shall not make an order by reason only that the circumstances of the case fall within this paragraph if

(i) in the case of a tenancy, the tenant satisfies the Tribunal that in all the circumstances of the case it would manifestly not be just and equitable to do so;

(ii) in the case of a sub-tenancy, the Tribunal is satisfied having regard to all the circumstances of the case, including the question whether other accommodation is available for the principal tenant or the sub-tenant, greater hardship would be caused by granting the order than by refusing it; (Replaced 6 of 1980 s. 5)

(c) the landlord or principal tenant intends to rebuild the premises;

(d) the tenant or the sub-tenant has caused unnecessary annoyance, inconvenience or disturbance to the landlord or the principal tenant or to any other person: (Amended 39 of 1979 s. 14)

Provided that no order shall be made under this paragraph unless the Tribunal is satisfied that the annoyance, inconvenience or disturb- ance had continued after a warning in writing had been served by the landlord or principal tenant on the tenant or sub-tenant causing the same; (Amended 93 of 1975 s. 14)

(e) the tenant-

(i) in the case of a tenancy to which this Part applied immediately prior to 18 December 1979, has at any time after 14 December 1973; and

(ii) in any other case, has at any time after 18 December 1979, in breach of the contractual tenancy sublet the whole or any part of the premises of which he is the tenant; (Replaced 6 of 1980 s. 5)

(f) the tenant or sub-tenant has used, or has suffered or permitted the use of, the premises of which he is the tenant or sub-tenant or any part thereof, for an immoral or illegal purpose; (Added 6 of 1980 s. 5)

(g) the tenant or the sub-tenant has entered into an endorsed agreement mentioned in section 52A and has failed to deliver up vacant posses- sion under that agreement; or ( Added 29 of 1983 s. 15)

(h) the tenant has sublet the whole or any part of the premises of which he is tenant and does not occupy any part of the premises as his dwelling. (Added 29 of 1983 s. 15)

(2A) (a) For the purposes of subsection (2)(b) —–—

"landlord or principal tenant" includes one or more landlords or principal tenants, holding the premises jointly or in common, with the other landlord or landlords or principal tenant or tenants so holding assenting to an order for possession; and

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