1964_LANDLORD_AND_TENANT_(CONSOLIDATION)_ORDINANCE — Page 92

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.]

Landlord and Tenant (Consolidation)

[CAP. 7

91

presumed, until the contrary is shown, to have knowledge of that opposition, of the application for a new tenancy, of the grounds alleged upon which the application was opposed, of the outcome of the application and of any consent given by the tenant or sub-tenant in connection with the delivery of vacant possession.

(9) Where a landlord successfully opposes the grant of a new tenancy under section 119E(1) and it is subsequently made to appear to the Tribunal that the opposition was successful by reason of the misrepresentation or concealment of material facts or where the landlord is shown to have acted in contravention of subsection (1), the Tribunal or, as the case may be, the court referred to in subsection (4) may order the landlord to pay to the former tenant such sum as it thinks fit by way of compensation for damage or loss sustained by that tenant as a result of that opposition. (Amended 32 of 1985 s. 21)

(10) Where a tenant obtains the grant of a new tenancy under section 119D and it is subsequently made to appear to the Tribunal that the grant was obtained by reason of the misrepresentation or concealment of material facts, the Tribunal may order the tenant to pay to the landlord such sum as it thinks fit by way of compensation for damage or loss sustained by the landlord as a result of that grant.

Duration of new tenancy

119I. Where on an application under this Part the Tribunal makes an order for the grant of a new tenancy, the new tenancy shall be such tenancy as may be agreed between the landlord and the tenant, or, in default of such an agreement, shall be such a tenancy as may be determined by the Tribunal to be reasonable in all the circumstances, being a tenancy for a term not exceeding 3 years, and shall begin on the coming to an end of the current tenancy or such other date as may be agreed between the landlord and the tenant or, in default of such agreement, as may be fixed by the Tribunal: (Amended 29 of 1983 s. 38)

Provided that, if there is a principal tenancy which comes to an end within a term of 3 years, the Tribunal shall not determine the duration of the tenancy to be longer than the term until the principal tenancy comes to an end, less 3 days.

[cf. U.K. 1954 c. 56 s. 33]

Other terms of new tenancy

119J. The terms of a tenancy granted by order of the Tribunal under this Part (other than terms as to the duration thereof and as to the rent payable thereunder) shall be such as may be agreed between the landlord and the tenant or as, in default of such agreement, may be determined by the Tribunal; and in determining those terms the Tribunal shall have regard to the terms of the current tenancy and to all relevant circumstances.

[cf. U.K. 1954 c. 56 s. 35]

Rent under new tenancy

119K. (1) The rent payable under a new tenancy granted by order of the Tribunal shall be such as may be agreed between the landlord and tenant or as,

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1988 Ed.] Landlord and Tenant (Consolidation) [CAP. 7 91 presumed, until the contrary is shown, to have knowledge of that opposition, of the application for a new tenancy, of the grounds alleged upon which the application was opposed, of the outcome of the application and of any consent given by the tenant or sub-tenant in connection with the delivery of vacant possession. (9) Where a landlord successfully opposes the grant of a new tenancy under section 119E(1) and it is subsequently made to appear to the Tribunal that the opposition was successful by reason of the misrepresentation or concealment of material facts or where the landlord is shown to have acted in contravention of subsection (1), the Tribunal or, as the case may be, the court referred to in subsection (4) may order the landlord to pay to the former tenant such sum as it thinks fit by way of compensation for damage or loss sustained by that tenant as a result of that opposition. (Amended 32 of 1985 s. 21) (10) Where a tenant obtains the grant of a new tenancy under section 119D and it is subsequently made to appear to the Tribunal that the grant was obtained by reason of the misrepresentation or concealment of material facts, the Tribunal may order the tenant to pay to the landlord such sum as it thinks fit by way of compensation for damage or loss sustained by the landlord as a result of that grant. Duration of new tenancy 119I. Where on an application under this Part the Tribunal makes an order for the grant of a new tenancy, the new tenancy shall be such tenancy as may be agreed between the landlord and the tenant, or, in default of such an agreement, shall be such a tenancy as may be determined by the Tribunal to be reasonable in all the circumstances, being a tenancy for a term not exceeding 3 years, and shall begin on the coming to an end of the current tenancy or such other date as may be agreed between the landlord and the tenant or, in default of such agreement, as may be fixed by the Tribunal: (Amended 29 of 1983 s. 38) Provided that, if there is a principal tenancy which comes to an end within a term of 3 years, the Tribunal shall not determine the duration of the tenancy to be longer than the term until the principal tenancy comes to an end, less 3 days. [cf. U.K. 1954 c. 56 s. 33] Other terms of new tenancy 119J. The terms of a tenancy granted by order of the Tribunal under this Part (other than terms as to the duration thereof and as to the rent payable thereunder) shall be such as may be agreed between the landlord and the tenant or as, in default of such agreement, may be determined by the Tribunal; and in determining those terms the Tribunal shall have regard to the terms of the current tenancy and to all relevant circumstances. [cf. U.K. 1954 c. 56 s. 35] Rent under new tenancy 119K. (1) The rent payable under a new tenancy granted by order of the Tribunal shall be such as may be agreed between the landlord and tenant or as,
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1988 Ed.] Landlord and Tenant (Consolidation) [CAP. 7 91 presumed, until the contrary is shown, to have knowledge of that opposition, of the application for a new tenancy, of the grounds alleged upon which the application was opposed, of the outcome of the application and of any consent given by the tenant or sub-tenant in connection with the delivery of vacant possession. (9) Where a landlord successfully opposes the grant of a new tenancy under section 119E(1) and it is subsequently made to appear to the Tribunal that the opposition was successful by reason of the misrepresentation or con- cealment of material facts or where the landlord is shown to have acted in contravention of subsection (1), the Tribunal or, as the case may be, the court referred to in subsection (4) may order the landlord to pay to the former tenant such sum as it thinks fit by way of compensation for damage or loss sustained by that tenant as a result of that opposition. (Amended 32 of 1985 s. 21) (10) Where a tenant obtains the grant of a new tenancy under section 119D and it is subsequently made to appear to the Tribunal that the grant was obtained by reason of the misrepresentation or concealment of material facts, the Tribunal may order the tenant to pay to the landlord such sum as it thinks fit by way of compensation for damage or loss sustained by the landlord as a result of that grant. Duration of new tenancy 1191. Where on an application under this Part the Tribunal makes an order for the grant of a new tenancy, the new tenancy shall be such tenancy as may be agreed between the landlord and the tenant, or, in default of such an agreement, shall be such a tenancy as may be determined by the Tribunal to be reasonable in all the circumstances, being a tenancy for a term not exceeding 3 years, and shall begin on the coming to an end of the current tenancy or such other date as may be agreed between the landlord and the tenant or, in default of such agreement, as may be fixed by the Tribunal: (Amended 29 of 1983 s. 38) Provided that, if there is a principal tenancy which comes to an end within a term of 3 years, the Tribunal shall not determine the duration of the tenancy to be longer than the term until the principal tenancy comes to an end, less 3 days. [cf. U.K. 1954 c. 56 s. 33] Other terms of new tenancy 119J. The terms of a tenancy granted by order of the Tribunal under this Part (other than terms as to the duration thereof and as to the rent payable thereunder) shall be such as may be agreed between the landlord and the tenant or as, in default of such agreement, may be determined by the Tribunal; and in determining those terms the Tribunal shall have regard to the terms of the current tenancy and to all relevant circumstances. [cf. U.K. 1954 c. 56 s. 35] Rent under new tenancy 119K. (1) The rent payable under a new tenancy granted by order of the Tribunal shall be such as may be agreed between the landlord and tenant or as,
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1988 Ed.]

Landlord and Tenant (Consolidation)

[CAP. 7

91

presumed, until the contrary is shown, to have knowledge of that opposition, of the application for a new tenancy, of the grounds alleged upon which the application was opposed, of the outcome of the application and of any consent given by the tenant or sub-tenant in connection with the delivery of vacant possession.

(9) Where a landlord successfully opposes the grant of a new tenancy under section 119E(1) and it is subsequently made to appear to the Tribunal that the opposition was successful by reason of the misrepresentation or con- cealment of material facts or where the landlord is shown to have acted in contravention of subsection (1), the Tribunal or, as the case may be, the court referred to in subsection (4) may order the landlord to pay to the former tenant such sum as it thinks fit by way of compensation for damage or loss sustained by that tenant as a result of that opposition. (Amended 32 of 1985 s. 21)

(10) Where a tenant obtains the grant of a new tenancy under section 119D and it is subsequently made to appear to the Tribunal that the grant was obtained by reason of the misrepresentation or concealment of material facts, the Tribunal may order the tenant to pay to the landlord such sum as it thinks fit by way of compensation for damage or loss sustained by the landlord as a result of that grant.

Duration of new tenancy

1191. Where on an application under this Part the Tribunal makes an order for the grant of a new tenancy, the new tenancy shall be such tenancy as may be agreed between the landlord and the tenant, or, in default of such an agreement, shall be such a tenancy as may be determined by the Tribunal to be reasonable in all the circumstances, being a tenancy for a term not exceeding 3 years, and shall begin on the coming to an end of the current tenancy or such other date as may be agreed between the landlord and the tenant or, in default of such agreement, as may be fixed by the Tribunal: (Amended 29 of 1983 s. 38)

Provided that, if there is a principal tenancy which comes to an end within a term of 3 years, the Tribunal shall not determine the duration of the tenancy to be longer than the term until the principal tenancy comes to an end, less 3 days.

[cf. U.K. 1954 c. 56 s. 33]

Other terms of new tenancy

119J. The terms of a tenancy granted by order of the Tribunal under this Part (other than terms as to the duration thereof and as to the rent payable thereunder) shall be such as may be agreed between the landlord and the tenant or as, in default of such agreement, may be determined by the Tribunal; and in determining those terms the Tribunal shall have regard to the terms of the current tenancy and to all relevant circumstances.

[cf. U.K. 1954 c. 56 s. 35]

Rent under new tenancy

119K. (1) The rent payable under a new tenancy granted by order of the Tribunal shall be such as may be agreed between the landlord and tenant or as,

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