1964_LANDLORD_AND_TENANT_(CONSOLIDATION)_ORDINANCE — Page 64

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.]

Landlord and Tenant (Consolidation)

[CAP. 7

63

Increase in rent of sub-tenancy on account of improvements

63A. (1) Where the rent of a tenancy has been increased under section 55A and a sub-tenancy has been created out of that tenancy, the principal tenant may, subject to subsection (3), increase the rent payable by the sub-tenant by such appropriate amount as may be agreed between them.

(2) In the absence of any agreement between the principal tenant and his sub-tenant under subsection (1), the Commissioner may, on an application in the specified form, determine the amount by which the rent payable by the sub-tenant is to be increased, and after any such determination, shall serve a notice of his determination on both parties. (Replaced 77 of 1988 s. 9)

(3) Where the rent payable by a sub-tenant is increased following a determination of the Commissioner under this section the increase shall not take effect except in pursuance of a notice of increase in the specified form served by the principal tenant on the sub-tenant, specifying the increase and the date from which it is to take effect.

(4) The date specified in a notice of increase under subsection (3) shall be such date as shall be determined by the Commissioner.

(5) Where a principal tenant serves on a sub-tenant a notice of increase under subsection (3), the principal tenant shall send a copy of that notice to the Commissioner.

(6) Any person aggrieved by the determination of the Commissioner under subsection (2) may, within 1 month of the service of the notice of determination under subsection (2), appeal to the Tribunal which may make such order thereon as it thinks fit. (Added 76 of 1981 s. 44. Amended 77 of 1988 s. 9)

Effective date for increases

(Added 56 of 1976 s. 7. Amended 76 of 1981 s. 44)

64. (1) No increase in rent in any tenancy pursuant to a certificate under section 58 or 59 or to an order of the Tribunal under section 60 or in any sub-tenancy under section 62 shall take effect within a period of 2 years from (Amended 76 of 1981 s. 45)

(a) the date on which the rent of the tenancy or sub-tenancy was last increased, whether or not such increase was by agreement; or

(b) the date of the tenancy or sub-tenancy,

whichever is the later. (Replaced 6 of 1980 s. 11)

(2)-(4) (Repealed 6 of 1980 s. 11)

(5) Where a tenancy or sub-tenancy was created after 18 December 1979 or, in the case of a tenancy or sub-tenancy to which this Part applied immediately before that date, at any time after 14 December 1973 or where the rent of a tenancy or sub-tenancy has been increased under section 55 or pursuant to a certificate under section 58 or 59 or an order of the Tribunal under section 60, or under section 62 and the rent of the tenancy or sub-tenancy has been increased or further increased pursuant to a certificate under section 58 or 59 or an order of the Tribunal under section 60, or under section 62, no order

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1988 Ed.]Landlord and Tenant (Consolidation)[CAP. 763Increase in rent of sub-tenancy on account of improvements63A. (1) Where the rent of a tenancy has been increased under section 55A and a sub-tenancy has been created out of that tenancy, the principal tenant may, subject to subsection (3), increase the rent payable by the sub-tenant by such appropriate amount as may be agreed between them.(2) In the absence of any agreement between the principal tenant and his sub-tenant under subsection (1), the Commissioner may, on an application in the specified form, determine the amount by which the rent payable by the sub-tenant is to be increased, and after any such determination, shall serve a notice of his determination on both parties. (Replaced 77 of 1988 s. 9)(3) Where the rent payable by a sub-tenant is increased following a determination of the Commissioner under this section the increase shall not take effect except in pursuance of a notice of increase in the specified form served by the principal tenant on the sub-tenant, specifying the increase and the date from which it is to take effect.(4) The date specified in a notice of increase under subsection (3) shall be such date as shall be determined by the Commissioner.(5) Where a principal tenant serves on a sub-tenant a notice of increase under subsection (3), the principal tenant shall send a copy of that notice to the Commissioner.(6) Any person aggrieved by the determination of the Commissioner under subsection (2) may, within 1 month of the service of the notice of determination under subsection (2), appeal to the Tribunal which may make such order thereon as it thinks fit. (Added 76 of 1981 s. 44. Amended 77 of 1988 s. 9)Effective date for increases(Added 56 of 1976 s. 7. Amended 76 of 1981 s. 44)64. (1) No increase in rent in any tenancy pursuant to a certificate under section 58 or 59 or to an order of the Tribunal under section 60 or in any sub-tenancy under section 62 shall take effect within a period of 2 years from (Amended 76 of 1981 s. 45)(a) the date on which the rent of the tenancy or sub-tenancy was last increased, whether or not such increase was by agreement; or(b) the date of the tenancy or sub-tenancy,whichever is the later. (Replaced 6 of 1980 s. 11)(2)-(4) (Repealed 6 of 1980 s. 11)(5) Where a tenancy or sub-tenancy was created after 18 December 1979 or, in the case of a tenancy or sub-tenancy to which this Part applied immediately before that date, at any time after 14 December 1973 or where the rent of a tenancy or sub-tenancy has been increased under section 55 or pursuant to a certificate under section 58 or 59 or an order of the Tribunal under section 60, or under section 62 and the rent of the tenancy or sub-tenancy has been increased or further increased pursuant to a certificate under section 58 or 59 or an order of the Tribunal under section 60, or under section 62, no order
Baseline (Original)
1988 Ed.]Landlord and Tenant (Consolidation)[CAP. 763Increase in rent of sub-tenancy on account of improvements63A. (1) Where the rent of a tenancy has been increased under section 55A and a sub-tenancy has been created out of that tenancy, the principal tenant may, subject to subsection (3), increase the rent payable by the sub- tenant by such appropriate amount as may be agreed between them.(2) In the absence of any agreement between the principal tenant and his sub-tenant under subsection (1), the Commissioner may, on an application in the specified form, determine the amount by which the rent payable by the sub-tenant is to be increased, and after any such determination, shall serve a notice of his determination on both parties. (Replaced 77 of 1988 s. 9)(3) Where the rent payable by a sub-tenant is increased following a determination of the Commissioner under this section the increase shall not take effect except in pursuance of a notice of increase in the specified form served by the principal tenant on the sub-tenant, specifying the increase and the date from which it is to take effect.(4) The date specified in a notice of increase under subsection (3) shall be such date as shall be determined by the Commissioner.(5) Where a principal tenant serves on a sub-tenant a notice of increase under subsection (3), the principal tenant shall send a copy of that notice to the Commissioner.(6) Any person aggrieved by the determination of the Commissioner under subsection (2) may, within 1 month of the service of the notice of determination under subsection (2), appeal to the Tribunal which may make such order thereon as it thinks fit. (Added 76 of 1981 s. 44. Amended 77 of 1988 s. 9)Effective date for increases(Added 56 of 1976 s. 7. Amended 76 of 1981 s. 44)64. (1) No increase in rent in any tenancy pursuant to a certificate under section 58 or 59 or to an order of the Tribunal under section 60 or in any sub-tenancy under section 62 shall take effect within a period of 2 years from (Amended 76 of 1981 s. 45)(a) the date on which the rent of the tenancy or sub-tenancy was last increased, whether or not such increase was by agreement; or(b) the date of the tenancy or sub-tenancy,whichever is the later. (Replaced 6 of 1980 s. 11)(2)-(4) (Repealed 6 of 1980 s. 11)(5) Where a tenancy or sub-tenancy was created after 18 December 1979 or, in the case of a tenancy or sub-tenancy to which this Part applied immediately before that date, at any time after 14 December 1973 or where the rent of a tenancy or sub-tenancy has been increased under section 55 or pursuant to a certificate under section 58 or 59 or an order of the Tribunal under section 60, or under section 62 and the rent of the tenancy or sub-tenancy has been increased or further increased pursuant to a certificate under section 58 or 59 or an order of the Tribunal under section 60, or under section 62, no order>
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1988 Ed.]

Landlord and Tenant (Consolidation)

[CAP. 7

63

Increase in rent of sub-tenancy on account of improvements

63A. (1) Where the rent of a tenancy has been increased under section 55A and a sub-tenancy has been created out of that tenancy, the principal tenant may, subject to subsection (3), increase the rent payable by the sub- tenant by such appropriate amount as may be agreed between them.

(2) In the absence of any agreement between the principal tenant and his sub-tenant under subsection (1), the Commissioner may, on an application in the specified form, determine the amount by which the rent payable by the sub-tenant is to be increased, and after any such determination, shall serve a notice of his determination on both parties. (Replaced 77 of 1988 s. 9)

(3) Where the rent payable by a sub-tenant is increased following a determination of the Commissioner under this section the increase shall not take effect except in pursuance of a notice of increase in the specified form served by the principal tenant on the sub-tenant, specifying the increase and the date from which it is to take effect.

(4) The date specified in a notice of increase under subsection (3) shall be such date as shall be determined by the Commissioner.

(5) Where a principal tenant serves on a sub-tenant a notice of increase under subsection (3), the principal tenant shall send a copy of that notice to the Commissioner.

(6) Any person aggrieved by the determination of the Commissioner under subsection (2) may, within 1 month of the service of the notice of determination under subsection (2), appeal to the Tribunal which may make such order thereon as it thinks fit. (Added 76 of 1981 s. 44. Amended 77 of 1988 s. 9)

Effective date for increases

(Added 56 of 1976 s. 7. Amended 76 of 1981 s. 44)

64. (1) No increase in rent in any tenancy pursuant to a certificate under section 58 or 59 or to an order of the Tribunal under section 60 or in any sub-tenancy under section 62 shall take effect within a period of 2 years from (Amended 76 of 1981 s. 45)

(a) the date on which the rent of the tenancy or sub-tenancy was last

increased, whether or not such increase was by agreement; or

(b) the date of the tenancy or sub-tenancy,

whichever is the later. (Replaced 6 of 1980 s. 11)

(2)-(4) (Repealed 6 of 1980 s. 11)

(5) Where a tenancy or sub-tenancy was created after 18 December 1979 or, in the case of a tenancy or sub-tenancy to which this Part applied immediately before that date, at any time after 14 December 1973 or where the rent of a tenancy or sub-tenancy has been increased under section 55 or pursuant to a certificate under section 58 or 59 or an order of the Tribunal under section 60, or under section 62 and the rent of the tenancy or sub-tenancy has been increased or further increased pursuant to a certificate under section 58 or 59 or an order of the Tribunal under section 60, or under section 62, no order

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