Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 61

Notices of increases

(1) Unless the Commissioner has made a determination under section  59 (4) or
the Tribunal has made an order under section 60 regarding the date from which
an increase in rent shall take effect, an increase in rent specified in a
certificate issued under section 58(1)(a) shall not take effect except in
pursuance of a notice of increase in the specified form served by the landlord
on the tenant, specifying the date from which the increase is to take effect.
(Amended 5 of 1975 s. 5; 77 of 1988 s. 8)

(2) Where a landlord serves a notice of increase on the tenant under
subsection (1) he shall, at the same time, send a copy of the notice to the
Commissioner.

(3) The date specified in a notice under subsection (1) shall not, subject to
section 64, be earlier than the first day when rent becomes due after the
expiration of 1 month from the service of the notice.

(4) Notwithstanding this section, where proceedings on a review under
section 59 or an appeal under section 60 are not concluded on the date
specified in a notice under subsection (1), the failure by the tenant or
sub-tenant to pay the increase in rent prior to the conclusion of such
proceedings shall not be a breach of covenant to pay rent nor give rise to a
right to forfeiture.