1964_LANDLORD_AND_TENANT_(CONSOLIDATION)_ORDINANCE — Page 61

60

CAP. 7

Landlord and Tenant (Consolidation)

[1988 Ed.

(5) Within 14 days of service on him under subsection (4) of a copy of the landlord's application the tenant may send his representations thereon in writing to the Commissioner.

(6) Where the Commissioner receives representations from a tenant under subsection (5) which indicate that the tenant disputes any fact set out in the application of the landlord, he shall determine the facts in dispute and shall then deal with the application in accordance with section 58.

(For savings and transitional provisions see Ord. No. 39 of 1979 s. 25(2))

Certificates of increase in rent

58. (1) Where a landlord applies for a certificate under section 57, the Commissioner shall---

(a) if satisfied that the prevailing market rent exceeds the current rent paid by the tenant, issue free of charge and serve on the landlord and on the tenant certificates in the specified form stating the amount, as ascertained in accordance with subsection (2), by which the current rent may be increased; or

(b) if not satisfied that the prevailing market rent exceeds the current rent paid by the tenant, issue free of charge and serve on the landlord and on the tenant certificates in the specified form to that effect,

and he may endorse on the certificates such matters as he thinks proper relating to such application, which, in the case of a dispute as to facts, shall include the Commissioner's determination thereof under section 57(6). (Amended 5 of 1975 s. 2; 29 of 1983 ss. 20 & 46)

(2) The amount mentioned in subsection (1)(a) shall be-

(a) the difference between the prevailing market rent and the current rent;

or

(b) 30% of the current rent,

whichever is the lesser:

Provided that where the sum of the amount so ascertained and the current 350989 rent is less than 60% of the prevailing market rent, the amount shall be the difference between 60% of the prevailing market rent and the current rent. (Replaced 29 of 1983 s. 20. Amended 40 of 1984 s. 23; 32 of 1985 s. 15; 37 of 1986 s. 3)

A

(2A) Any cents in the amount ascertained or adjusted in accordance with subsection (2) shall be disregarded. (Added 29 of 1983 s. 20)

(3) The percentages mentioned in subsection (2) may be amended by resolution of the Legislative Council. (Replaced 29 of 1983 s. 20. Amended 40 of 1984 s. 23)

(4) Where a certificate has been issued under subsection (1)(b) in relation to any premises, no further application under section 57 in respect of those premises shall be made by the person to whom the certificate has been issued before the expiration of 1 year from the date of service of the certificate.

(5) (6) (Repealed 6 of 1980 s. 9)

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