Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 117

Continuation of tenancies and grant of new tenancies

(Past version on 27/12/2002).
(Past version on 30/06/1997).

Continuation and Renewal of Tenancies

(1)-(2) (Repealed 16 of 2004 s. 3)

(3) In the case of a tenancy entered into on or after the commencement* of
this subsection-

   (a)  if the tenancy does not contain a covenant to pay the rent on the due
        date, then there shall be implied in the tenancy-

        (i)    a covenant to pay the rent on the due date; and

        (ii)   a condition for forfeiture if that implied covenant is broken
               by virtue of non-payment of the rent within 15 days of the due
               date;

   (b)  if the tenancy-

        (i)    does contain a covenant to pay the rent on the due date; but

        (ii)   does not contain a condition for forfeiture if that covenant is
               broken by virtue of non-payment of the rent, then there shall
               be implied in the tenancy a condition for forfeiture if that
               covenant is broken by virtue of non-payment of the rent within
               15 days of the due date;

   (c)  if the tenancy does not contain a covenant substantially to the effect
        that the tenant not use, or suffer or permit the use of, the premises
        or any part thereof for an immoral or illegal purpose, then there
        shall be implied in the tenancy-

        (i)    a covenant that the tenant not use, or suffer or permit the use
               of, the premises or any part thereof for an immoral or illegal
               purpose; and

        (ii)   a condition for forfeiture if that implied covenant is broken;

   (d)  if the tenancy-

        (i)    does contain a covenant substantially to the effect that the
               tenant not use, or suffer or permit the use of, the premises or
               any part thereof for an immoral or illegal purpose; but

        (ii)   does not contain a condition for forfeiture if that covenant is
               broken, then there shall be implied in the tenancy a condition
               for forfeiture if that covenant is broken;

   (e)  if the tenancy does not contain a covenant substantially to the effect
        that the tenant not cause unnecessary annoyance, inconvenience or
        disturbance to the landlord or to any other person, then there shall
        be implied in the tenancy-

        (i)    a covenant that the tenant not cause unnecessary annoyance,
               inconvenience or disturbance to the landlord or to any other
               person; and

        (ii)   a condition for forfeiture if that implied covenant is broken;

   (f)  if the tenancy-

        (i)    does contain a covenant substantially to the effect that the
               tenant not cause unnecessary annoyance, inconvenience or
               disturbance to the landlord or to any other person; but

        (ii)   does not contain a condition for forfeiture if that covenant is
               broken, then there shall be implied in the tenancy a condition
               for forfeiture if that covenant is broken;

   (g)  if the tenancy does not contain a covenant substantially to the effect
        that the tenant not make any structural alteration to, or suffer or
        permit any structural alteration to, the premises without the prior
        written consent of the landlord, then there shall be implied in the 
        tenancy-

        (i)    a covenant that the tenant not make any structural alteration
               to, or suffer or permit any structural alteration to, the
               premises without the prior written consent of the landlord; and

        (ii)   a condition for forfeiture if that implied covenant is broken;
               and

   (h)  if the tenancy-

   (i)  does contain a covenant substantially to the effect that the tenant
        not make any structural alteration to, or suffer or permit any
        structural alteration to, the premises without the prior written
        consent of the landlord; but

        (ii)   does not contain a condition for forfeiture if that covenant is
               broken, then there shall be implied in the tenancy a condition
               for forfeiture if that covenant is broken. (Added 32 of 2002 s.
               11)

(4) For the avoidance of doubt, it is hereby declared that, for the purposes
of subsection (3)(b)(ii), (d)(ii), (f)(ii) or (h)(ii), a tenancy mentioned in
that subsection which contains a condition for forfeiture which may not be
exercised solely on the ground mentioned in that subsection is,
notwithstanding that, still a tenancy which contains a condition for
forfeiture mentioned in that subsection. (Added 32 of 2002 s. 11)

(5) It is hereby declared that-

   (a)  subsection (3)(a) and (b) shall have effect subject to section  58 (4)
        and (10) of the Conveyancing and Property Ordinance ( Cap 219) (and
        notwithstanding subsection (14) of that section);

   (b)  subsection (3)(c), (d), (e), (f), (g) and (h) shall have effect
        subject to section 58(1) to (13) of the Conveyancing and Property 
        Ordinance ( Cap 219) (and notwithstanding subsection (14) of that
        section);

   (c)  for the purposes of subsection (3)(e) and (f), the persistent delay of
        payment of rent is unnecessary annoyance, inconvenience or
        disturbance. (Added 32 of 2002 s. 11) [cf. 1954 c. 56 s. 24 U.K.]
        ___________________________________________________________________________
        _____ Note:

* Commencement date: 27 December 2002.