Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 21

Termination of principal tenancy

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 29 of 1998 s. 105

(1) The immediate landlord of a principal tenant may by service of notice to
quit in Form 2 in the Second Schedule and in manner specified in section 44
terminate the tenancy of such tenant in accordance with the provisions of, and
to the extent provided in, this section.

(2) The length of notice given by the notice to quit aforesaid shall be either
that required by the contract between the landlord and the principal tenant or
in default of any term in the contract specifying the length of notice, one
calendar month from the date of service thereof.

(3) Upon the expiration of such notice to quit-

   (a)  each sub-tenant shall be deemed to be the tenant of the immediate
        landlord and to hold the premises upon the same terms and conditions
        as he held them from the principal tenant;

   (b)  each sub-tenant affected thereby shall be liable to pay to the
        immediate landlord on demand the permitted rent of the premises let to
        him under contract with the principal tenant;

   (c)  the immediate landlord shall undertake towards each sub-tenant all
        those obligations undertaken by the principal tenant previous to
        service of notice under subsection (1).

(4) At any time within 14 days after the service of the notice to quit, the
principal tenant may elect by notice in writing to the landlord to deliver up
the whole of the premises subject to the tenancy or to retain any portion
thereof retained, immediately before the service of the notice to quit, for
his own occupation.

(5) Where the principal tenant retains for his own occupation any part of the
premises the subject of his tenancy from the immediate landlord, he shall be
deemed to be the tenant of the immediate landlord in respect of the retained
part and to hold the same upon a monthly tenancy. The rent of the retained
part shall, subject to this Part, be such proportion of the rent of the whole
of the premises immediately before the expiration of the notice to quit as is
fairly attributable to the retained part: (Amended 53 of 1993 s. 14) Provided
that in the event of any dispute between the immediate landlord and the
principal tenant as to the amount of the rent payable by such
principal tenant, such dispute may be referred to and decided by the
Commissioner. (Amended 76 of 1981 s. 12)

(6) Notwithstanding anything in this Part, and in particular, the
definition of "tenant" (租客) in section 2, a lessee of the Government who
recovers by virtue of this section any premises to which this section relates
shall be deemed to be an immediate landlord of his principal  tenant for all
the purposes of this section and shall have all the rights and obligations
conferred and imposed by this section on an immediate landlord. (Amended 29 of
1998 s. 105) (Replaced 22 of 1953 s. 11)

"tenant" (租客)