1964_LANDLORD_AND_TENANT_(CONSOLIDATION)_ORDINANCE — Page 94

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.]

Landlord and Tenant (Consolidation)

[CAP. 7

93

(2) Where the tenant, within 1 month after the determination of the terms of the new tenancy, serves a notice in the specified form on the landlord and the Tribunal stating that he does not wish to accept the new tenancy, the order of the Tribunal shall have no effect and the current tenancy shall continue for such period, not exceeding 2 months from the date of delivery of the notice to the landlord, as the tenant shall state in the notice. (See Form CR106 in G.N. 3919 in Gazette No. 53/81)

(3) While the current tenancy continues under subsection (2), it shall not be a tenancy to which this Part applies.

(4) During the period from the date on which the current tenancy would, apart from section 119N, have come to an end by virtue of a notice given under section 119(1) or under section 119A(5) until———

(a) the date on which the new tenancy begins; or, as the case may be,

(b) the date on which the current tenancy comes to an end under subsection (2),

the tenant shall be liable to pay the rent fixed in respect of the new tenancy under section 119K:

Provided that, if the terms of the new tenancy, apart from rent, are materially different from the terms of the current tenancy, the Tribunal may, on the application of either party, order that the tenant shall be liable to pay a reasonable rent which may be lesser or greater than the rent fixed in respect of the new tenancy under section 119K.

[cf. U.K. 1954 c. 56 s. 36]

Interim continuation of tenancies pending determination by Tribunal

119N. (1) Subject to sections 119B(2), 119I and 119M(2), in any case where (Amended 29 of 1983 s. 40)

(a) a notice to terminate a tenancy has been given under section 119 or a request for a new tenancy has been made under section 119A; and

(b) an application to the Tribunal has been made under section 117(1);

and

(c) apart from this section, the effect of the notice or request would be to terminate the tenancy before the expiration of the period of 3 months beginning with the date on which the application is finally disposed of, the effect of the notice or request shall be to terminate the tenancy at the expiration of the said period of 3 months and not at any other time.

(2) The reference in paragraph (c) of subsection (1) to the date on which an application is finally disposed of shall be construed as a reference to the earliest date by which the proceedings on the application (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing has expired, except that if the application is withdrawn or any appeal is abandoned the reference shall be construed as a reference to the date of the withdrawal or abandonment.

[cf. U.K. 1954 c. 56 s. 64]

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1988 Ed.] Landlord and Tenant (Consolidation) [CAP. 7 93 (2) Where the tenant, within 1 month after the determination of the terms of the new tenancy, serves a notice in the specified form on the landlord and the Tribunal stating that he does not wish to accept the new tenancy, the order of the Tribunal shall have no effect and the current tenancy shall continue for such period, not exceeding 2 months from the date of delivery of the notice to the landlord, as the tenant shall state in the notice. (See Form CR106 in G.N. 3919 in Gazette No. 53/81) (3) While the current tenancy continues under subsection (2), it shall not be a tenancy to which this Part applies. (4) During the period from the date on which the current tenancy would, apart from section 119N, have come to an end by virtue of a notice given under section 119(1) or under section 119A(5) until——— (a) the date on which the new tenancy begins; or, as the case may be, (b) the date on which the current tenancy comes to an end under subsection (2), the tenant shall be liable to pay the rent fixed in respect of the new tenancy under section 119K: Provided that, if the terms of the new tenancy, apart from rent, are materially different from the terms of the current tenancy, the Tribunal may, on the application of either party, order that the tenant shall be liable to pay a reasonable rent which may be lesser or greater than the rent fixed in respect of the new tenancy under section 119K. [cf. U.K. 1954 c. 56 s. 36] Interim continuation of tenancies pending determination by Tribunal 119N. (1) Subject to sections 119B(2), 119I and 119M(2), in any case where (Amended 29 of 1983 s. 40) (a) a notice to terminate a tenancy has been given under section 119 or a request for a new tenancy has been made under section 119A; and (b) an application to the Tribunal has been made under section 117(1); and (c) apart from this section, the effect of the notice or request would be to terminate the tenancy before the expiration of the period of 3 months beginning with the date on which the application is finally disposed of, the effect of the notice or request shall be to terminate the tenancy at the expiration of the said period of 3 months and not at any other time. (2) The reference in paragraph (c) of subsection (1) to the date on which an application is finally disposed of shall be construed as a reference to the earliest date by which the proceedings on the application (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing has expired, except that if the application is withdrawn or any appeal is abandoned the reference shall be construed as a reference to the date of the withdrawal or abandonment. [cf. U.K. 1954 c. 56 s. 64]
Baseline (Original)
1988 Ed.] Landlord and Tenant (Consolidation) [CAP. 7 93 (2) Where the tenant, within 1 month after the determination of the terms of the new tenancy, serves a notice in the specified form on the landlord and the Tribunal stating that he does not wish to accept the new tenancy, the order of the Tribunal shall have no effect and the current tenancy shall continue for such period, not exceeding 2 months from the date of delivery of the notice to the landlord, as the tenant shall state in the notice. (See Form CR 106 in G.N. 3919 in Gazette No. 53/81) (3) While the current tenancy continues under subsection (2), it shall not be a tenancy to which this Part applies. (4) During the period from the date on which the current tenancy would, apart from section 119N, have come to an end by virtue of a notice given under section 119(1) or under section 119A(5) until——— (a) the date on which the new tenancy begins; or, as the case may be, (b) the date on which the current tenancy comes to an end under subsection (2), the tenant shall be liable to pay the rent fixed in respect of the new tenancy under section 119K: Provided that, if the terms of the new tenancy, apart from rent, are materially different from the terms of the current tenancy, the Tribunal may, on the application of either party, order that the tenant shall be liable to pay a reasonable rent which may be lesser or greater than the rent fixed in respect of the new tenancy under section 119K. [cf. U.K. 1954 c. 56 s. 36] Interim continuation of tenancies pending determination by Tribunal 119N. (1) Subject to sections 119B(2), 1191 and 119M(2), in any case where (Amended 29 of 1983 s. 40) (a) a notice to terminate a tenancy has been given under section 119 or a request for a new tenancy has been made under section 119A; and (b) an application to the Tribunal has been made under section 117(1); and (c) apart from this section, the effect of the notice or request would be to terminate the tenancy before the expiration of the period of 3 months beginning with the date on which the application is finally disposed of, the effect of the notice or request shall be to terminate the tenancy at the expiration of the said period of 3 months and not at any other time. (2) The reference in paragraph (c) of subsection (1) to the date on which an application is finally disposed of shall be construed as a reference to the earliest date by which the proceedings on the application (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing has expired, except that if the application is withdrawn or any appeal is abandoned the reference shall be construed as a reference to the date of the withdrawal or abandonment. [cf. U.K. 1954 c. 56 s. 64]
2026-05-04 21:57:19 · Baseline
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1988 Ed.]

Landlord and Tenant (Consolidation)

[CAP. 7

93

(2) Where the tenant, within 1 month after the determination of the terms of the new tenancy, serves a notice in the specified form on the landlord and the Tribunal stating that he does not wish to accept the new tenancy, the order of the Tribunal shall have no effect and the current tenancy shall continue for such period, not exceeding 2 months from the date of delivery of the notice to the landlord, as the tenant shall state in the notice. (See Form CR 106 in G.N. 3919 in Gazette No. 53/81)

(3) While the current tenancy continues under subsection (2), it shall not be a tenancy to which this Part applies.

(4) During the period from the date on which the current tenancy would, apart from section 119N, have come to an end by virtue of a notice given under section 119(1) or under section 119A(5) until———

(a) the date on which the new tenancy begins; or, as the case may be,

(b) the date on which the current tenancy comes to an end under

subsection (2),

the tenant shall be liable to pay the rent fixed in respect of the new tenancy under section 119K:

Provided that, if the terms of the new tenancy, apart from rent, are materially different from the terms of the current tenancy, the Tribunal may, on the application of either party, order that the tenant shall be liable to pay a reasonable rent which may be lesser or greater than the rent fixed in respect of the new tenancy under section 119K.

[cf. U.K. 1954 c. 56 s. 36]

Interim continuation of tenancies pending determination by Tribunal

119N. (1) Subject to sections 119B(2), 1191 and 119M(2), in any case where (Amended 29 of 1983 s. 40)

(a) a notice to terminate a tenancy has been given under section 119 or a

request for a new tenancy has been made under section 119A; and

(b) an application to the Tribunal has been made under section 117(1);

and

(c) apart from this section, the effect of the notice or request would be to terminate the tenancy before the expiration of the period of 3 months beginning with the date on which the application is finally disposed of, the effect of the notice or request shall be to terminate the tenancy at the expiration of the said period of 3 months and not at any other time.

(2) The reference in paragraph (c) of subsection (1) to the date on which an application is finally disposed of shall be construed as a reference to the earliest date by which the proceedings on the application (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing has expired, except that if the application is withdrawn or any appeal is abandoned the reference shall be construed as a reference to the date of the withdrawal or abandonment.

[cf. U.K. 1954 c. 56 s. 64]

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