1964_LANDLORD_AND_TENANT_(CONSOLIDATION)_ORDINANCE — Page 98

1988 Ed.]

Landlord and Tenant (Consolidation)

[CAP. 7

97

"Commissioner" means the Commissioner of Rating and Valuation; (Added 39 of 1979 s. 20)

"current rent" means the rent, exclusive of rates, payable by a tenant at the date of an application under section 124B(1); (Added 39 of 1979 s. 20) "domestic premises" means premises the subject of a separate letting (including any bed-space, cubicle, room, floor or portion of a floor or building) which are used wholly or primarily for human habitation:

Provided that the following shall not be deemed to be domestic premises within the meaning of this definition-

(a) any building or portion of a building which is used for habitation only by caretakers or watchmen not exceeding 2 in number;

(b) any building or portion of a building which is used for habitation only by office attendants or their families;

(c) any particular portion of an hotel or boarding-house which is let by the keeper of such hotel or boarding-house to a guest of such hotel or boarding-house;

"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 a person entitled to receive rent from such a tenant; (Added 39 of 1979 s. 20)

"notice of termination" means a notice served under section 122(1); (Added 39 of 1979 s. 20)

"premises" means the subject matter of any tenancy; (Added 39 of 1979 s. 20) "prevailing market rent" in relation to any premises means the rent, exclusive of rates, at which they might reasonably be expected to be let, at the date of an application under section 124B(1), on the terms of the tenancy other than those relating to rent and duration of the tenancy but disregarding the effect of sections 124A to 124C; (Added 39 of 1979 s. 20. Amended 29 of 1983 s. 46)

"principal tenant" means a tenant of premises other than a Crown lessee, who has or shall sublet any part or parts thereof as a separate holding or holdings; (Added 39 of 1979 s. 20)

"Tribunal" means the Lands Tribunal established under the Lands Tribunal Ordinance (Cap. 17). (Added 76 of 1981 s. 53)

Application

(Added 39 of 1979 s. 19)

121. (1) Save as otherwise provided in this section, this Part shall apply to every tenancy (which expression shall wherever it occurs in this Part include sub-tenancies unless the context otherwise requires) whether the same be effected orally or in writing and notwithstanding any provision in such tenancy, including any provision purporting specifically to exclude the provisions of this Part.

(2) This Part shall not apply to the following-