Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 51B

Transfer of tenancy to Part IV on unilateral application

(1) A landlord or tenant, or principal tenant or sub-tenant, of premises to
which this Part applies may apply to the Commissioner in the specified form in
duplicate for the tenancy, or sub-tenancy, to be excluded from the application
of this Part.

(2) An application under subsection (1) may be made-

   (a)  during the contractual period of the tenancy, or sub-tenancy

(but not earlier than 12 months before the expiry of that period); or

   (b)  during its continuation under section 52(1).

(3) An application under subsection (1) in relation to tenancy, or
sub-tenancy, continuing under section 52(1) shall not be made-

   (a)  within 12 months after the date on which an increase in rent

(other than on account of improvements or an increase in rates) becomes
effective; or

   (b)  within 12 months after the date of service of a notice under
        subsection (5)(b) following an earlier application under this section.

(4) Upon receipt of an application under subsection (1), the Commissioner
shall serve a copy thereof on the other party and within 14 days of that
service that party may make representations to the Commissioner.

(5) The Commissioner shall consider any representations, determine any facts
in dispute and shall-

   (a)  if he is satisfied that the current rent for the premises is not less
        than 77% of the prevailing market rent, issue a certificate approving
        the application and serve 1 copy on the landlord, or principal 
        tenant, and 1 copy on the tenant, or sub-tenant; or

   (b)  if he is not so satisfied, issue and serve a notice to that effect on
        the landlord, or principal tenant, and on the tenant, or sub-tenant.

(6) Where the Commissioner approves the application under subsection (5), he
shall state in his certificate a date upon which the tenancy, or sub-tenancy,
shall be excluded from this Part; and, on that date, the tenancy shall,
subject to subsection (8), be excluded from the application of this Part and
Part IV shall apply to it.

(7) The date mentioned in subsection (6) shall be-

   (a)  in a case where the application is made during the contractual period
        of the tenancy, or sub-tenancy, the date on which the Commissioner
        issues his certificate under subsection (5)(a): Provided that the
        Commissioner shall not issue that certificate earlier than 7 months
        before the expiry of the contractual period; or

   (b)  in a case where the application is made during the continuation of the
        tenancy, or sub-tenancy, under section 52(1) and-

        (i)    the current rent is not less than the prevailing market rent;
               or

        (ii)   the rent has not been increased (other than on account of
               improvements or an increase in rates) during that continuation,
               the date on which the Commissioner issues his certificate under
               subsection

(5)(a); or

   (c)  in a case where-

        (i)    the application is made during the continuation of the tenancy,
               or sub-tenancy, under section 52(1); and

        (ii)   the current rent is less than the prevailing market rent; and

        (iii)  the rent has been increased (other than on account of
               improvements or an increase in rates) during that continuation,
               a date not more than 18 and not less than 17 months after the
               date on which that increase became effective or, if there is
               more than 1 such increase, the date on which the last such
               increase became effective: Provided that, where a period of 18
               months has elapsed since the date on which that increase or
               that last increase became effective, the date mentioned in
               subsection (6) shall be the date on which the Commissioner
               issues his certificate under subsection (5)(a).

(8) A certificate issued under subsection (5)(a) shall not affect-

   (a)  any proceedings under section 53 commenced before the date of the
        issue of that certificate; or

   (b)  any right to increase the rent under this Part following a proper
        notice served under section 55, 55A, 56, 63 or 63A or a certificate
        issued by the Commissioner under section 56A or 58 before that date.

(9) In this section-

"current rent" (現行租金) means the rent, exclusive of rates, payable by
the tenant, or sub-tenant at the date of the application under subsection (1);
and

"prevailing market rent" (市值租金) means the rent, exclusive of rates, at
which the premises might reasonably be expected to be let on a term of 2 years
at the date upon which the Commissioner issues his certificate or notice under
subsection (5), on the terms of the tenancy, or sub-tenancy

(other than those relating to rent and duration of the tenancy or sub-tenancy)
but disregarding the effect of this Part. (Added 40 of 1984 s. 17)

"current rent" (現行租金)

"prevailing market rent" (市值租金)