1964_LANDLORD_AND_TENANT_(CONSOLIDATION)_ORDINANCE — Page 86

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.]

Landlord and Tenant (Consolidation)

[CAP. 7

85

Application to Tribunal for new tenancy

Order by Tribunal for grant of a new tenancy

119D. (1) Subject to section 119G, on an application under section 117(1) the Tribunal shall make an order for the grant of a new tenancy.

(2) Where an application under section 117(1) is made in consequence of a notice given by the landlord under section 119, the application shall not be entertained unless the tenant has notified the landlord in accordance with that notice that he will not be willing at the date of termination to give up possession of the premises comprised in the tenancy.

(3) (a) No application under section 117(1) shall be entertained if it is made

(i) less than 2 months after, either, the giving of the landlord's notice under section 119 or, as the case may be, the making of the tenant's request for a new tenancy under section 119A; or

(ii) more than 2 months after the giving of a notice in the specified form by the landlord to the tenant requiring the tenant to make such an application; or (See Form CR105 in G.N. 3919 in Gazette No. 53/81)

(iii) after the current tenancy has terminated in accordance with this Part.

(b) A landlord shall not be entitled to give the notice mentioned in subparagraph (ii) of paragraph (a) before the expiry of the period of 2 months mentioned in subparagraph (i) of that paragraph.

[cf. U.K. 1954 c. 56 s. 29]

Opposition by landlord to application for new tenancy

119E. (1) The grounds on which a landlord may oppose an application under section 117(1) are such of the following grounds as may be stated in the landlord's notice under section 119, or, as the case may be, the notice under section 119A(6)—

(a) any rent lawfully due from the tenant has not been paid or, where any covenant or condition of the tenancy has been broken or not performed, such breach or non-performance is, under the current tenancy, a cause of forfeiture;

(b) the premises or any part thereof are reasonably required by the landlord for occupation as a residence for himself, his father, his mother or any son or daughter of his over the age of 18: (Amended 29 of 1983 s. 33)

Provided that the Tribunal shall not refuse to grant a new tenancy by reason only of this ground if—

(i) in the case of a tenancy, the tenant satisfies the Tribunal that in all the circumstances of the case, it would manifestly not be just and equitable to refuse to grant a new tenancy; or

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1988 Ed.] Landlord and Tenant (Consolidation) [CAP. 7 85 Application to Tribunal for new tenancy Order by Tribunal for grant of a new tenancy 119D. (1) Subject to section 119G, on an application under section 117(1) the Tribunal shall make an order for the grant of a new tenancy. (2) Where an application under section 117(1) is made in consequence of a notice given by the landlord under section 119, the application shall not be entertained unless the tenant has notified the landlord in accordance with that notice that he will not be willing at the date of termination to give up possession of the premises comprised in the tenancy. (3) (a) No application under section 117(1) shall be entertained if it is made (i) less than 2 months after, either, the giving of the landlord's notice under section 119 or, as the case may be, the making of the tenant's request for a new tenancy under section 119A; or (ii) more than 2 months after the giving of a notice in the specified form by the landlord to the tenant requiring the tenant to make such an application; or (See Form CR105 in G.N. 3919 in Gazette No. 53/81) (iii) after the current tenancy has terminated in accordance with this Part. (b) A landlord shall not be entitled to give the notice mentioned in subparagraph (ii) of paragraph (a) before the expiry of the period of 2 months mentioned in subparagraph (i) of that paragraph. [cf. U.K. 1954 c. 56 s. 29] Opposition by landlord to application for new tenancy 119E. (1) The grounds on which a landlord may oppose an application under section 117(1) are such of the following grounds as may be stated in the landlord's notice under section 119, or, as the case may be, the notice under section 119A(6)— (a) any rent lawfully due from the tenant has not been paid or, where any covenant or condition of the tenancy has been broken or not performed, such breach or non-performance is, under the current tenancy, a cause of forfeiture; (b) the premises or any part thereof are reasonably required by the landlord for occupation as a residence for himself, his father, his mother or any son or daughter of his over the age of 18: (Amended 29 of 1983 s. 33) Provided that the Tribunal shall not refuse to grant a new tenancy by reason only of this ground if— (i) in the case of a tenancy, the tenant satisfies the Tribunal that in all the circumstances of the case, it would manifestly not be just and equitable to refuse to grant a new tenancy; or
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1988 Ed.] Landlord and Tenant (Consolidation) [CAP. 7 85 Application to Tribunal for new tenancy Order by Tribunal for grant of a new tenancy 119D. (1) Subject to section 119G, on an application under section 117(1) the Tribunal shall make an order for the grant of a new tenancy. (2) Where an application under section 117(1) is made in consequence of a notice given by the landlord under section 119, the application shall not be entertained unless the tenant has notified the landlord in accordance with that notice that he will not be willing at the date of termination to give up possession of the premises comprised in the tenancy. (3) (a) No application under section 117(1) shall be entertained if it is made (i) less than 2 months after, either, the giving of the landlord's notice under section 119 or, as the case may be, the making of the tenant's request for a new tenancy under section 119A; or (ii) more than 2 months after the giving of a notice in the specified form by the landlord to the tenant requiring the tenant to make such an application; or (See Form CR 105 in G.N. 3919 in Gazette No. 53/81) (iii) after the current tenancy has terminated in accordance with this Part. (b) A landlord shall not be entitled to give the notice mentioned in subparagraph (ii) of paragraph (a) before the expiry of the period of 2 months mentioned in subparagraph (1) of that paragraph. [cf. U.K. 1954 c. 56 s. 29] Opposition by landlord to application for new tenancy 119E. (1) The grounds on which a landlord may oppose an application under section 117(1) are such of the following grounds as may be stated in the landlord's notice under section 119, or, as the case may be, the notice under section 119A(6)——— (a) any rent lawfully due from the tenant has not been paid or, where any covenant or condition of the tenancy has been broken or not performed, such breach or non-performance is, under the current tenancy, a cause of forfeiture; (b) the premises or any part thereof are reasonably required by the landlord for occupation as a residence for himself, his father, his mother or any son or daughter of his over the age of 18: (Amended 29 of 1983 s. 33) Provided that the Tribunal shall not refuse to grant a new tenancy by reason only of this ground if— (i) in the case of a tenancy, the tenant satisfies the Tribunal that in all the circumstances of the case, it would manifestly not be just and equitable to refuse to grant a new tenancy; or
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1988 Ed.]

Landlord and Tenant (Consolidation)

[CAP. 7

85

Application to Tribunal for new tenancy

Order by Tribunal for grant of a new tenancy

119D. (1) Subject to section 119G, on an application under section 117(1) the Tribunal shall make an order for the grant of a new tenancy.

(2) Where an application under section 117(1) is made in consequence of a notice given by the landlord under section 119, the application shall not be entertained unless the tenant has notified the landlord in accordance with that notice that he will not be willing at the date of termination to give up possession of the premises comprised in the tenancy.

(3) (a) No application under section 117(1) shall be entertained if it is

made

(i) less than 2 months after, either, the giving of the landlord's notice under section 119 or, as the case may be, the making of the tenant's request for a new tenancy under section 119A; or

(ii) more than 2 months after the giving of a notice in the specified form by the landlord to the tenant requiring the tenant to make such an application; or (See Form CR 105 in G.N. 3919 in Gazette No. 53/81)

(iii) after the current tenancy has terminated in accordance with this Part.

(b) A landlord shall not be entitled to give the notice mentioned in subparagraph (ii) of paragraph (a) before the expiry of the period of 2 months mentioned in subparagraph (1) of that paragraph.

[cf. U.K. 1954 c. 56 s. 29]

Opposition by landlord to application for new tenancy

119E. (1) The grounds on which a landlord may oppose an application under section 117(1) are such of the following grounds as may be stated in the landlord's notice under section 119, or, as the case may be, the notice under section 119A(6)———

(a) any rent lawfully due from the tenant has not been paid or, where any covenant or condition of the tenancy has been broken or not performed, such breach or non-performance is, under the current tenancy, a cause of forfeiture;

(b) the premises or any part thereof are reasonably required by the landlord for occupation as a residence for himself, his father, his mother or any son or daughter of his over the age of 18: (Amended 29 of 1983 s. 33)

Provided that the Tribunal shall not refuse to grant a new tenancy by reason only of this ground if—

(i) in the case of a tenancy, the tenant satisfies the Tribunal that in all the circumstances of the case, it would manifestly not be just and equitable to refuse to grant a new tenancy; or

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