Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 10E

Certificates of increase in rent

(1) Where a landlord applies for a certificate under section 10D, the
Commissioner shall-

   (a)  if satisfied that, on the date of the receipt of the application, the
        rent permitted under section 10(1) exceeded the current rent paid by
        the tenant, issue free of charge and serve on the landlord and on the
        tenant certificates in the specified form stating the amount, as
        ascertained in accordance with subsection (2), by which the current
        rent may be increased; or

   (b)  if not satisfied that, on the date of the receipt of the application,
        the rent permitted under section 10(1) exceeded the current rent paid
        by the tenant, issue free of charge and serve on the landlord and on
        the tenant certificates in the specified form to that effect, and he
        may endorse on the certificates such matters as he thinks proper
        relating to such application, which, in the case of a dispute as to
        facts, shall include the Commissioner's determination of those facts
        under section 10D(6).

(2) The amount mentioned in subsection (1)(a) shall be the difference between-

   (a)  the rent permitted under section 10(1) on the date of the receipt of
        the application;

   (b)  the current rent, disregarding any cents in that amount.

(3) Where a certificate has been issued under subsection (1)(b) in relation to
any premises, no further application under section 10D in respect of those
premises shall be made by the person to whom the certificate has been issued
before the expiry of 6 months from the date of service of the certificate.
(Added 53 of 1993 s. 9)