1964_LANDLORD_AND_TENANT_(CONSOLIDATION)_ORDINANCE — Page 58

1988 Ed.]

Landlord and Tenant (Consolidation)

[CAP. 7

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(b) the notice is endorsed by the Commissioner, the application for which endorsement shall be accompanied by a fee of $500, to the effect that he is satisfied that the tenant understands the effect of the alteration in rent and has not been subject to any undue pressure or influence. (Replaced 40 of 1984 s. 22. Amended 32 of 1985 s. 14)

(2) Where a notice is lodged with the Commissioner under subsection (1), he shall record the agreement concerning the alteration in rent and shall endorse free of charge on 2 copies of the notice a statement to that effect and shall return 1 copy to the landlord and 1 copy to the tenant. (Amended 29 of 1983 s. 18)

(3) Where there is an increase in rent under an agreement mentioned in subsection (1), a landlord shall not be entitled to maintain an action to recover rent at the increased rate unless a valid notice mentioned in that subsection is endorsed by the Commissioner under subsection (2). (Replaced 40 of 1984 s. 22)

(4) The security of tenure afforded to a tenant under section 52(4)(a) shall apply where the rent payable by the tenant is increased by agreement, notwithstanding the failure of the landlord to lodge notice thereof under subsection (1).

(5) Where, on 18 December 1979, a tenant was in possession of premises under a tenancy agreement which provided for the rent payable by the tenant to be varied during the term of the tenancy by reference to fixed and ascertained periods of time, any alteration in rent pursuant to that tenancy agreement shall take effect as if this section had not been enacted, save that where the alteration takes effect on or after 18 December 1979 the security of tenure afforded to a tenant by section 52(4)(a) shall extend to such tenancy as if the rent had been altered under this Part. (Replaced 6 of 1980 s. 7. Amended 29 of 1983 s. 18)

Increase in rent on account of improvements

55A. (1) Where the landlord of any premises incurs expenditure of $5,000 or more on improvements to such premises, the landlord may, subject to subsection (2), increase the rent payable in respect of those premises by 20% per annum of the amount expended on the improvements.

(2) Where rent is increased under this section the increase shall not take effect except in pursuance of a notice of increase in the specified form served by the landlord on the tenant, specifying the increase and the date from which it is to take effect.

(3) The date specified in a notice of increase under subsection (2) shall be not earlier than the first day when rent becomes due after the expiry of one month from the service of the notice.

(4) Where the landlord of any premises incurs expenditure of $5,000 or more on improvements to such premises and those premises comprise 2 or more tenements then the amount expended shall be apportioned between the tenements and the rent payable in respect of any tenement may be increased in accordance with this section by reference to the part of the expenditure apportioned to it.

(5) Subject to subsection (6), in determining the amount of expenditure incurred on improvements expenditure incurred in the 6 months immediately prior to the date of service of the notice of increase under subsection (2) may be aggregated.