Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 55

Alterations in rent by agreement

(1) Where an alteration in rent is agreed between a landlord and a tenant the
landlord shall lodge with the Commissioner a notice thereof in triplicate in
the specified form signed by both the landlord and tenant. (Amended 6 of 1980
s. 7; 29 of 1983 s. 18; 32 of 1985 s. 14)

(1A) A notice under subsection (1) shall not be valid unless-

   (a)  (i) it is signed by the tenant not earlier than 1 month before the
        date on which it is lodged with the Commissioner; and

        (ii)   the alteration of rent to which it relates takes effect neither
               earlier than 1 month before, nor later than 6 months after, the
               date on which the notice is so lodged; or

   (b)  the notice is endorsed by the Commissioner, the application for which
        endorsement shall be accompanied by a fee of $500, to the effect that
        he is satisfied that the tenant understands the effect of the
        alteration in rent and has not been subject to any undue pressure or
        influence. (Replaced 40 of 1984 s. 22. Amended 32 of 1985 s. 14)

(2) Where a notice is lodged with the Commissioner under subsection

(1), he shall record the agreement concerning the alteration in rent and shall
endorse on 2 copies of the notice a statement to that effect and shall return
1 copy to the landlord and 1 copy to the tenant. (Amended 29 of 1983 s. 18; 53
of 1993 s. 22)

(3) Where there is an increase in rent under an agreement mentioned in
subsection (1), a landlord shall not be entitled to maintain an action to
recover rent at the increased rate unless a valid notice mentioned in that
subsection is endorsed by the Commissioner under subsection (2). (Replaced 40
of 1984 s. 22)

(4) The security of tenure afforded to a tenant under section  74B (4) shall
apply where the rent payable by the tenant is increased by agreement,
notwithstanding the failure of the landlord to lodge notice thereof under
subsection (1). (Amended 53 of 1993 s. 22)

(5) Where, on 18 December 1979, a tenant was in possession of premises under a
tenancy agreement which provided for the rent payable by the tenant to be
varied during the term of the tenancy by reference to fixed and ascertained
periods of time, any alteration in rent pursuant to that tenancy agreement
shall take effect as if this section had not been enacted, save that where the
alteration takes effect on or after 18 December 1979 the security of tenure
afforded to a tenant by section  74B (4) shall extend to such tenancy as if
the rent had been altered under this Part. (Replaced 6 of 1980 s. 7. Amended
29 of 1983 s. 18; 53 of 1993 s. 22)