1964_LANDLORD_AND_TENANT_(CONSOLIDATION)_ORDINANCE — Page 57

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 7

Landlord and Tenant (Consolidation)

[1988 Ed.

"premises" means the subject matter of a tenancy; and

"rateable value" has the meaning given to that phrase by section 50(10).

(e) The method of calculating the compensation mentioned in paragraph (a) may be amended by resolution of the Legislative Council. (Replaced 40 of 1984 s. 20)

(5) (a) Where there is a breach of a condition imposed under paragraph (a) of subsection (2) which results in fewer dwellings or less accommodation being erected than appeared in the plans lodged, the Tribunal may, on the application of the Commissioner, impose a penalty of a sum not exceeding what would have been the market value, at the time of the imposition, of the building if it had been erected in accordance with the plans.

(b) Where there is a breach of a condition imposed under paragraph (b) of subsection (2), the Tribunal may, on the application of the Commissioner,---

(i) where the applicant for an order for possession holds the premises under a Crown lease or other tenancy from the Crown, decree such breach to be a breach of covenant in the Crown lease or of a condition or stipulation in the tenancy and a right of re-entry under the Crown Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126) shall accrue to the Crown; or

(ii) in any case, impose a penalty not exceeding the market value of the premises at the time of the imposition of the penalty.

(c) Where there is a breach of any other condition imposed under subsection (2), the Tribunal may, on the application of the Commissioner, impose a penalty of a sum not exceeding $500,000.

(6) In this section, "dwelling" has the meaning given to that phrase by section 50C(1).

(Added 76 of 1981 s. 37)

Increases in Rent

54. (Repealed 40 of 1984 s. 21)

Alterations in rent by agreement

55. (1) Where an alteration in rent is agreed between a landlord and a tenant the landlord shall lodge with the Commissioner a notice thereof in triplicate in the specified form signed by both the landlord and tenant. (Amended 6 of 1980 s. 7; 29 of 1983 s. 18; 32 of 1985 s. 14)

(1A) A notice under subsection (1) shall not be valid unless-

(a) (i) it is signed by the tenant not earlier than 1 month before the date on which it is lodged with the Commissioner; and

(ii) the alteration of rent to which it relates takes effect neither earlier than 1 month before, nor later than 6 months after, the date on which the notice is so lodged; or

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56 CAP. 7 Landlord and Tenant (Consolidation) [1988 Ed. "premises" means the subject matter of a tenancy; and "rateable value" has the meaning given to that phrase by section 50(10). (e) The method of calculating the compensation mentioned in paragraph (a) may be amended by resolution of the Legislative Council. (Replaced 40 of 1984 s. 20) (5) (a) Where there is a breach of a condition imposed under paragraph (a) of subsection (2) which results in fewer dwellings or less accommodation being erected than appeared in the plans lodged, the Tribunal may, on the application of the Commissioner, impose a penalty of a sum not exceeding what would have been the market value, at the time of the imposition, of the building if it had been erected in accordance with the plans. (b) Where there is a breach of a condition imposed under paragraph (b) of subsection (2), the Tribunal may, on the application of the Commissioner,--- (i) where the applicant for an order for possession holds the premises under a Crown lease or other tenancy from the Crown, decree such breach to be a breach of covenant in the Crown lease or of a condition or stipulation in the tenancy and a right of re-entry under the Crown Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126) shall accrue to the Crown; or (ii) in any case, impose a penalty not exceeding the market value of the premises at the time of the imposition of the penalty. (c) Where there is a breach of any other condition imposed under subsection (2), the Tribunal may, on the application of the Commissioner, impose a penalty of a sum not exceeding $500,000. (6) In this section, "dwelling" has the meaning given to that phrase by section 50C(1). (Added 76 of 1981 s. 37) Increases in Rent 54. (Repealed 40 of 1984 s. 21) Alterations in rent by agreement 55. (1) Where an alteration in rent is agreed between a landlord and a tenant the landlord shall lodge with the Commissioner a notice thereof in triplicate in the specified form signed by both the landlord and tenant. (Amended 6 of 1980 s. 7; 29 of 1983 s. 18; 32 of 1985 s. 14) (1A) A notice under subsection (1) shall not be valid unless- (a) (i) it is signed by the tenant not earlier than 1 month before the date on which it is lodged with the Commissioner; and (ii) the alteration of rent to which it relates takes effect neither earlier than 1 month before, nor later than 6 months after, the date on which the notice is so lodged; or

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56 CAP. 7 Landlord and Tenant (Consolidation) [1988 Ed. "premises" means the subject matter of a tenancy; and "rateable value" has the meaning given to that phrase by section 50(10). (e) The method of calculating the compensation mentioned in para- graph (a) may be amended by resolution of the Legislative Council. (Replaced 40 of 1984 s. 20) (5) (a) Where there is a breach of a condition imposed under paragraph (a) of subsection (2) which results in fewer dwellings or less accommo- dation being erected than appeared in the plans lodged, the Tribunal may, on the application of the Commissioner, impose a penalty of a sum not exceeding what would have been the market value, at the time of the imposition, of the building if it had been erected in accordance with the plans. (b) Where there is a breach of a condition imposed under paragraph (b) of subsection (2), the Tribunal may, on the application of the Commissioner,--- (i) where the applicant for an order for possession holds the premises under a Crown lease or other tenancy from the Crown, decree such breach to be a breach of covenant in the Crown lease or of a condition or stipulation in the tenancy and a right of re-entry under the Crown Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126) shall accrue to the Crown; or (ii) in any case, impose a penalty not exceeding the market value of the premises at the time of the imposition of the penalty. (c) Where there is a breach of any other condition imposed under subsection (2), the Tribunal may, on the application of the Commis- sioner, impose a penalty of a sum not exceeding $500,000. (6) In this section, "dwelling" has the meaning given to that phrase by section 50C(1). ( Added 76 of 1981 s. 37) Increases in Rent 54. (Repealed 40 of 1984 s. 21) Alterations in rent by agreement 55. (1) Where an alteration in rent is agreed between a landlord and a tenant the landlord shall lodge with the Commissioner a notice thereof in triplicate in the specified form signed by both the landlord and tenant. (Amended 6 of 1980 s. 7; 29 of 1983 s. 18; 32 of 1985 s. 14) (1A) A notice under subsection (1) shall not be valid unless- (a) (i) it is signed by the tenant not earlier than 1 month before the date on which it is lodged with the Commissioner; and (ii) the alteration of rent to which it relates takes effect neither earlier than 1 month before, nor later than 6 months after, the date on which the notice is so lodged; or

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CAP. 7

Landlord and Tenant (Consolidation)

[1988 Ed.

"premises" means the subject matter of a tenancy; and

"rateable value" has the meaning given to that phrase by section

50(10).

(e) The method of calculating the compensation mentioned in para- graph (a) may be amended by resolution of the Legislative Council. (Replaced 40 of 1984 s. 20)

(5) (a) Where there is a breach of a condition imposed under paragraph (a) of subsection (2) which results in fewer dwellings or less accommo- dation being erected than appeared in the plans lodged, the Tribunal may, on the application of the Commissioner, impose a penalty of a sum not exceeding what would have been the market value, at the time of the imposition, of the building if it had been erected in accordance with the plans.

(b) Where there is a breach of a condition imposed under paragraph (b) of subsection (2), the Tribunal may, on the application of the Commissioner,---

(ii) in any case, impose a penalty not exceeding the market value of the premises at the time of the imposition of the penalty.

(c) Where there is a breach of any other condition imposed under subsection (2), the Tribunal may, on the application of the Commis- sioner, impose a penalty of a sum not exceeding $500,000.

(6) In this section, "dwelling" has the meaning given to that phrase by section 50C(1).

( Added 76 of 1981 s. 37)