Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 58

Certificates of increase in rent

(1) Where a landlord applies for a certificate under section 57, the
Commissioner shall-

   (a)  if satisfied that the prevailing market rent exceeds the current rent
        paid by the tenant, issue free of charge and serve on the landlord and
        on the tenant certificates in the specified form stating the amount,
        as ascertained in accordance with subsection (2), by which the
        current rent may be increased; or

   (b)  if not satisfied that the prevailing market rent exceeds the
        current rent paid by the tenant, issue free of charge and serve on the
        landlord and on the tenant certificates in the specified form to that
        effect, and he may endorse on the certificates such matters as he
        thinks proper relating to such application, which, in the case of a
        dispute as to facts, shall include the Commissioner's determination
        thereof under section  57 (6). (Amended 5 of 1975 s. 2; 29 of 1983 ss.
        20 & 46)

(2) The amount mentioned in subsection (1)(a) shall be-

   (a)  the difference between the prevailing market rent and the
        current rent; or

   (b)  20% of the current rent, (Amended L.N. 519 of 1996) whichever is the
        lesser: Provided that if, on the date that the Commissioner receives
        the application under section 57, the sum of the amount so ascertained
        and the current rent is less than the percentage of the
        prevailing market rent specified below in relation to the period
        within which that date falls, the amount shall be the difference
        between that percentage of the prevailing market rent and the
        current rent.

Period Percentage of prevailing
market rent Before 1 July 1994 75 After 30 June 1994 and before 80 1 July 1995
After 30 June 1995 and before 85 1 July 1996 After 30 June 1996 and before 90
13 December 1996 After 12 December 1996 80

(Replaced 29 of 1983 s. 20. Amended 40 of 1984 s. 23; 32 of 1985 s. 15; 37 of
1986 s. 3; L.N. 235 of 1989; L.N. 237 of 1990; 53 of 1993 s. 23; L.N. 519 of
1996) (N.B.: L.N. 235 of 1989 contains a transitional provision)

(2A) Any cents in the amount ascertained or adjusted in accordance with
subsection (2) shall be disregarded. (Added 29 of 1983 s. 20)

(3) The percentages and periods mentioned in subsection (2) may be amended by
resolution of the Legislative Council. (Replaced 29 of 1983 s. 20. Amended 40
of 1984 s. 23; 53 of 1993 s. 23)

(4) Where a certificate has been issued under subsection (1)(b) in relation to
any premises, no further application under section 57 in respect of those
premises shall be made by the person to whom the certificate has been issued
before the expiration of 1 year from the date of service of the certificate.

(5)-(6) (Repealed 6 of 1980 s. 9)