Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 53

Termination of tenancies

(1) A tenancy or sub-tenancy continuing under section 52(1) shall come to an
end when-

   (a)  the tenant or sub-tenant delivers up vacant possession of the
        premises;

   (aa) with effect after 18 December 1981, the tenant or sub-tenant of the
        premises enters into a tenancy or sub-tenancy mentioned in paragraph
        (n) of section 50(6) of the same premises; (Added 29 of 1983 s. 15)

   (b)  an order of the Tribunal under subsection (2), (4A) or (4B) takes
        effect; or (Amended 29 of 1983 s. 15)

   (c)  the tenancy out of which the sub-tenancy was created is itself
        terminated: Provided that upon such termination this Part shall apply
        to any tenancy arising under subsection (6A). (Replaced 76 of 1981 s.
        36)

(1A) Where a tenant or sub-tenant fails to give at least 1 month's notice of
his intention to deliver up vacant possession under paragraph

   (a)  of subsection (1), the landlord or principal tenant shall be entitled
        to 1 month's rent in place of such notice. (Added 76 of 1981 s. 36)

(2) The Tribunal shall not make an order for possession of premises in respect
of which there is a tenancy or sub-tenancy continuing under section 52(1)
unless it is satisfied that- (Amended 29 of 1983 s. 15)

   (a)  any rent lawfully due from the tenant or sub-tenant has not been paid
        or, where any covenant or condition of the tenancy or sub-tenancy has
        been broken or not performed, such breach or non-performance would,
        but for this Part, have been a cause of forfeiture;

   (b)  the premises or any part thereof are reasonably required by the
        landlord or principal tenant for occupation as a residence for
        himself, his father, his mother or any son or daughter of his over the
        age of 18: (Amended 29 of 1983 s. 15) Provided that the Tribunal shall
        not make an order by reason only that the circumstances of the case
        fall within this paragraph if-

        (i)    in the case of a tenancy, the tenant satisfies the Tribunal
               that in all the circumstances of the case it would manifestly
               not be just and equitable to do so;

        (ii)   in the case of a sub-tenancy, the Tribunal is satisfied having
               regard to all the circumstances of the case, including the
               question whether other accommodation is available for the
               principal tenant or the sub-tenant, greater hardship would be
               caused by granting the order than by refusing it; (Replaced 6
               of 1980 s. 5)

   (c)  the landlord or principal tenant intends to rebuild the premises;

   (d)  the tenant or the sub-tenant has caused unnecessary annoyance,
        inconvenience or disturbance to the landlord or the principal tenant
        or to any other person: (Amended 39 of 1979 s. 14) Provided that no
        order shall be made under this paragraph unless the Tribunal is
        satisfied that the annoyance, inconvenience or disturbance had
        continued after a warning in writing had been served by the
        landlord or  principal tenant on the tenant or sub-tenant causing the
        same; (Amended 93 of 1975 s. 14)

   (e)  the tenant-

        (i)    in the case of a tenancy to which this Part applied immediately
               prior to 18 December 1979, has at any time after 14 December
               1973; and

        (ii)   in any other case, has at any time after 18 December 1979, in
               breach of the contractual tenancy sublet the whole or any part
               of the premises of which he is the tenant; (Replaced 6 of 1980
               s. 5)

   (f)  the tenant or sub-tenant has used, or has suffered or permitted the
        use of, the premises of which he is the tenant or sub-tenant or any
        part thereof, for an immoral or illegal purpose; (Added 6 of 1980 s.
        5)

   (g)  the tenant or the sub-tenant has entered into an endorsed agreement
        mentioned in section 52A and has failed to deliver up vacant
        possession under that agreement; or (Added 29 of 1983 s. 15)

   (h)  the tenant has sublet the whole or any part of the premises of which
        he is tenant and does not occupy any part of the premises as his
        dwelling. (Added 29 of 1983 s. 15)

(2A) (a) For the purposes of subsection (2)(b)-

"landlord or principal tenant" (業主或主租客) includes one or more
landlords or principal tenants, holding the premises jointly or in common,
with the other landlord or landlords or principal tenant or tenants so holding
assenting to an order for possession; and "his father, his mother or any son
or daughter of his" (其父親、母親、兒子或女兒) includes the
father, mother, son or daughter of one or more landlords or principal tenants,
holding the premises jointly or in common, with the other landlord or
landlords or principal tenant or tenants so holding assenting to an order for
possession. (Added 29 of 1983 s. 15)

(b) For the purpose of subsection (2)(d), a tenant or sub-tenant who
persistently fails to pay rent as and when it falls due may be regarded as
causing unnecessary inconvenience to the landlord or principal  tenant, as the
case may be. (Added 39 of 1979 s. 14)

(3) For the purposes of subsection (2)(e) or (2)(h), where a landlord
establishes a prima facie case that there has been an apparent change in the
occupancy of the premises or of any part thereof, the tenant shall be deemed
to have sublet such premises or such part unless he satisfies the Tribunal to
the contrary. (Amended 29 of 1983 s. 15)

(4) (a) An order for possession under subsection (2) shall take effect on such
date as the Tribunal may order: Provided that-

        (i)    in a case where a person acquires a right which, but for
               section 52 and this section, would entitle him to occupy
               premises which are subject to a tenancy or sub-tenancy and the
               Tribunal makes an order for possession on the grounds mentioned
               in subsection (2)(b) before the expiry of a period of 12 months
               from the date of the acquisition, the Tribunal shall not make
               the order to take effect either earlier than 12 months or later
               than 18 months from the date of the acquisition; and

        (ii)   in any other case, the Tribunal shall not make an order for
               possession to take effect later than 6 months from the date of
               the order.

   (b)  Subparagraph (i) of paragraph (a) shall not have effect in relation to
        a case where a person entered into an enforceable contract to acquire
        the right mentioned in that paragraph before 19 June 1981; and in that
        case subparagraph (ii) of paragraph (a) shall apply.

   (c)  When making an order for possession under subsection (2), the Tribunal
        may also order the payment of rent or mesne profits. (Replaced 52 of
        1981 s. 5)

   (d)  When making an order for possession under subsection (2)(b), the
        Tribunal shall specify the name of the person for whose occupation it
        is satisfied the premises are required. (Added 29 of 1983 s. 15)

(4A) Subject to subsection (2)(b), where an application for an order for
possession is made on the ground mentioned in that subsection and the Tribunal
is satisfied that only part of the premises is reasonably required, the
Tribunal shall-

   (a)  in a case where any tenant or sub-tenant is willing to remain in
        possession of the remainder of the premises in terms of an order made
        under subparagraph (ii)-

        (i)    make an order for possession of such part of the premises as
               the Tribunal thinks fit having regard to those reasonable
               requirements and all the circumstances of the case; and

        (ii)   make such orders under subsection (4B) in relation to the
               remainder of the premises as it thinks fit; or

   (b)  in any other case, make an order for possession of the whole of the
        premises. (Added 29 of 1983 s. 15)

(4B) Notwithstanding subsections (5), (6) and (6A), where the Tribunal makes
an order for possession under subsection (4A) in relation to only part of the
premises, it may, in relation to the remainder of the premises-

   (a)  apportion that remainder for occupation by the tenant and any
        sub-tenant, by the tenant alone or by any sub-tenant alone as may be
        just and equitable;

   (b)  having regard to the terms and conditions of the existing tenancy or
        sub-tenancy and subsection (6B)(b), fix the terms and conditions of
        the tenancy or sub-tenancy under which the remainder apportioned under
        paragraph (a) shall be occupied. (Added 29 of 1983 s. 15)

(5) Where a tenant has, in breach of the contractual tenancy, sublet the whole
or any part of the premises, an order for possession of the premises under
subsection (2) against the tenant shall also operate as an order for
possession against the sub-tenant whether or not that sub-tenant is a party to
the proceedings in which that order is granted. (Replaced 76 of 1981 s. 36.
Amended 40 of 1984 s. 19)

(6) Where a tenant has, without breach of the contractual tenancy, sublet the
whole or any part of the premises, the Tribunal shall not make any order for
possession under subsection (2) against the sub-tenant unless-

   (a)  the Tribunal makes the order on the ground mentioned in paragraph (b)
        or (c) of subsection (2); or

   (b)  the Tribunal is satisfied that, if the application had been by the
        tenant for an order for possession against the sub-tenant, the tenant
        would have been entitled to such an order. (Replaced 76 of 1981 s. 36)

(6A) Where the Tribunal makes an order for possession against the tenant but
does not make an order for possession against a sub-tenant to whom the
premises or any part has been sublet, the sub-tenant shall become the tenant
of the landlord on the same terms, subject to this Part, as the sub-tenant
held from the principal tenant: Provided that, where a part only of the
premises would remain in the possession of a sub-tenant or sub-tenants if an
order were made under this subsection, the Tribunal, on the application of the
landlord, shall either, order the sub-tenant or the sub-tenants jointly to
accept a tenancy of the whole premises on the same terms, subject to this
Part, as the principal tenant held from the landlord or make an order for
possession of the whole premises. (Added 76 of 1981 s. 36)

(6B) (a) Any tenancy or sub-tenancy arising under subsections (4A) and (4B) or
subsection (6A) shall be a tenancy or sub-tenancy to which this Part applies
and which is continuing under section 52(1).

   (b)  Where a sub-tenant becomes the tenant of a landlord under subsections
        (4A) and (4B) or subsection (6A), any subletting on or after 10 June
        1983 under that tenancy by that tenant, without the written permission
        of the landlord, shall be in breach of the contractual tenancy.

   (c)  For the purposes of section 64, the date of a tenancy or sub-tenancy
        arising under subsections (4A) and (4B) shall be the date of the order
        of the Tribunal.

   (d)  Section 64 shall have effect in relation to a tenancy arising under
        subsection (6A) as it would have had effect in relation to the
        sub-tenancy from the principal tenant if that sub-tenancy had
        continued. (Added 29 of 1983 s. 15)

(6C) (a) Where a landlord believes that a tenant may have, without breach of
the contractual tenancy, sublet the whole or any part of the premises and the
landlord is unable, with reasonable diligence, to ascertain the identity of
any such sub-tenant, the Tribunal may, on an ex parte application by the
landlord, make an order calling upon any sub-tenant to give notice to the
landlord of his interest in the premises and may give directions regarding the
service of that order.

   (b)  Where any sub-tenant fails, within the period specified in the order
        mentioned in paragraph (a), to give notice to the landlord of his
        interest in the premises, the Tribunal may, when it makes an order for
        possession of the premises against the tenant, also make an order for
        possession against any sub-tenant. (Added 40 of 1984 s. 19)

(7) Subject to subsection (7A), a person-

   (a)  who has obtained an order for possession of premises under subsection
        (2)(b) or (c) shall not for a period of 24 months after the date of
        that order-

        (i)    let the premises or any part thereof; or

        (ii)   assign, transfer or part with possession of the premises or any
               part thereof except, in a case of an order for possession under
               subsection (2)(c), where the assignment, transfer or parting
               with possession is solely to facilitate the rebuilding of the
               premises; and

   (b)  who has obtained an order for possession under subsection

(2)(b) shall not for a period of 24 months after the date of that order use,
or allow the use of, the premises or any part thereof other than as a
residence for the person for whose occupation the Tribunal was satisfied the
premises were required under that subsection. (Replaced 29 of 1983 s. 15)

(7A) (a) Where an applicant has obtained an order for possession under
subsection (2)(b) or (c)-

        (i)    the Tribunal may authorize him to let, assign, transfer or part
               with possession of the premises or any part thereof or use, or
               allow the use of, the premises or any part thereof other than
               as a residence for the person for whose occupation the Tribunal
               was satisfied the premises were required under subsection
               (2)(b); and

        (ii)   the Commissioner may, on an application accompanied by such fee
               as may be determined by the Financial Secretary, authorize the
               applicant to let the premises or any part thereof for a
               particular purpose and for a term not exceeding 1 year or to
               use, or allow the use, of for a period not exceeding 1 year,
               the premises or any part thereof for a particular purpose other
               than as a residence for the person for whose occupation the
               Tribunal was satisfied the premises were required under
               subsection (2)(b). (Amended 29 of 1983 s. 15; 32 of 1985 s. 12)

   (b)  The Tribunal or Commissioner, when granting an authority under
        paragraph (a) to let, shall specify the terms, including the rent, on
        which the premises or the part may be let: Provided that the rent
        shall not be more than that payable by the tenant or sub-tenant last
        in possession. (Replaced 76 of 1981 s. 36)

(7B) Without prejudice to subsection (8), a person who contravenes subsection
(7) commits an offence and is liable on conviction on indictment to a fine of
$500000 and in addition, on a second or subsequent conviction, to imprisonment
for 12 months, and in any case to forfeit a sum not exceeding the equivalent
of-

   (a)  in the case of a contravention of subsection (7)(a)(i), 2 years' rent
        calculated at the rate at which the premises were let without the
        authority of the Tribunal or the Commissioner; or

   (b)  in the case of a contravention of subsection (7)(a)(ii), the
        difference at the date of the contravention between the market value
        of the premises with vacant possession and the market value of the
        premises with the former tenant or sub-tenant in possession. (Added 6
        of 1980 s. 5. Amended 29 of 1983 s. 15)

(7C) Any court which sentences a person for an offence under subsection (7B)
may, in addition to imposing a penalty under that subsection, make an order
under subsection (8) after hearing the former tenant or sub-tenant and the
defendant. (Added 6 of 1980 s. 5)

(7D) (Repealed 29 of 1983 s. 15)

(7E) A letting, assignment, transfer or parting with possession of premises or
any part thereof shall not be void, voidable or unenforceable by reason only
of a contravention of subsection (7). (Added 76 of 1981 s. 36)

(7F) Where, in an application for possession of premises under subsection (2),
the applicant alleges a ground mentioned in paragraph (b) or (c) of subsection
(2) and-

   (a)  an order for possession is granted with the consent of the tenant or
        sub-tenant; or

   (b)  the application does not proceed and the tenant or sub-tenant consents
        to deliver up vacant possession of the premises, the applicant shall
        be deemed, for the purposes of subsections (7), (7G) and (8), to have
        obtained an order for possession under paragraph (b) or

   (c)  of subsection (2); and, in a case mentioned in paragraph (b) of this
        subsection and for the purposes of fixing the commencement of the
        period mentioned in subsection (7), the date of the order shall be
        deemed to be the date upon which the application for possession is
        issued from the Tribunal. (Added 76 of 1981 s. 36)

(7G) Any applicant who has obtained an order for possession under paragraph
(b) or (c) of subsection (2) shall be presumed, until the contrary is shown,
to have knowledge of that order, of the application for possession, of the
grounds alleged upon which the order was obtained, of the outcome of the
application and of any consent given by the tenant or sub-tenant in connection
with the order or the delivery of vacant possession. (Added 76 of 1981 s. 36)

(8) Where a landlord or principal tenant has obtained an order for possession
of the premises under subsection (2) and it is subsequently made to appear to
the Tribunal that the order was obtained by the misrepresentation or
concealment of material facts or where such landlord  or principal tenant is
shown to have acted in contravention of subsection

(7), the Tribunal or, as the case may be, the court referred to in subsection
(7C) may order the landlord or principal tenant to pay to the former tenant or
sub-tenant such sum as it thinks fit by way of compensation for damage or loss
sustained by that tenant or sub-tenant as a result of the order. (Amended 32
of 1985 s. 12) [cf. 1968 c. 23 s. 19 U.K.]

(9) Where a tenant or sub-tenant successfully opposes an order for possession
of the premises under subsection (2) and it is subsequently made to appear to
the Tribunal that the opposition was successful by reason of the
misrepresentation or concealment of material facts, the Tribunal may order the
tenant or sub-tenant to pay to the landlord or  principal tenant such sum as
it thinks fit by way of compensation for damage or loss sustained by the
landlord or principal tenant as a result of that opposition. (Added 76 of 1981
s. 36) (Amended 76 of 1981 s. 36)

"landlord or principal tenant" (業主或主租客) "his father, his mother or
any son or daughter of his" (其父親、母親、兒子或女兒)