1964_LANDLORD_AND_TENANT_(CONSOLIDATION)_ORDINANCE — Page 81

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CAP. 7]

Landlord and Tenant (Consolidation)

[1988 Ed.

"domestic tenancy" has the meaning given to that phrase by section 51;

"forfeiture" means forfeiture-

(a) for breach of any provision of a tenancy; or

(b) under a provision of a tenancy allowing forfeiture or determination following the destruction, or partial destruction, of or damage to the premises; (Added 40 of 1984 s. 31)

"landlord" includes any person, other than the Crown, who is, from time to time, entitled to receive rent in respect of any premises and, in relation to a particular tenant, means the person entitled to receive rent from that tenant;

"notice to quit" means a notice to terminate a tenancy given in accordance with the express or implied provisions of that tenancy;

"premises" means the subject matter of any tenancy; (Added 29 of 1983 s. 29)

"prevailing market rent" means the rent, exclusive of rates at which premises the subject matter of a tenancy to which this Part applies might reasonably be expected to be let, at the date on which the current tenancy would, apart from section 119N, have come to an end under section 119(1) or section 119A(5), on the terms of the new tenancy granted under this Part, but disregarding the effect of this Ordinance; (Amended 29 of 1983 ss. 29 & 46)

"tenancy" means a tenancy entered into orally or in writing and includes-

(a) an agreement for a tenancy;

(b) a sub-tenancy; and

(c) a tenancy continued or granted under this Part;

"tenant" does not include a Crown lessee but includes-

(a) a sub-tenant; and

(b) a public body, corporation, foreign or Commonwealth Government, partnership or firm which is the tenant of premises which is the subject matter of a tenancy to which this Part applies;

"Tribunal" means the Lands Tribunal established under the Lands Tribunal Ordinance (Cap. 17).

(2) For the purposes of ascertaining whether a tenancy is a domestic tenancy, section 51 shall apply to this Part as it applies to Part II.

(3) No notice or application under this Part shall, for the purposes of the Land Registration Ordinance (Cap. 128), be regarded as an instrument in writing by which any parcel of ground, tenement or premises may be affected or as creating a lis pendens. (Added 29 of 1983 s. 29)

Application of this Part

[cf. U.K. 1954 c. 56 s. 46]

116. (1) Subject to subsections (2) and (3), this Part applies to any domestic tenancy whether created before, on or after 19 December 1981 and notwithstanding any provision in such tenancy, including any provision purporting generally or specifically to exclude this Part. (Amended 29 of 1983 s. 30)