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　 To consolidate Ordinances relating to landlord and tenant, protection and determination of tenancies, and control and recovery of rent. [23 May 1947] (Originally 25 of 1947 (Cap 255, 1964); 1 of 1883 (Cap 7, 1964); 27 of 1897 (Cap 17, 1969); 8 of 1952 (Cap 276, 1964); 14 of 1962 (Cap 335, 1964); 56 of 1970 (Cap 338, 1970)) Cap 7 s 1 Short title This Ordinance may be cited as the Landlord and Tenant (Consolidation) Ordinance. Cap 7 s 2 Interpretation Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 105 PART I PROTECTED TENANCIES AND PERMITTED RENTS Interpretation and Application In this Part, unless the context otherwise requires- "agricultural land" (农地) means land which is held from the Government on terms the effect of which is to prohibit the use thereof otherwise than as agricultural land or to prohibit the erection thereon of any building without the consent of the Government; (Added 22 of 1953 s. 2. Amended 29 of 1998 s. 105) "Building Authority" (建筑事务监督) means the Building Authority as defined in section 2 of the Buildings Ordinance (Cap 123); (Added 22 of 1953 s. 2) "business premises" (商用处所) means premises which are not domestic premises; (Replaced 22 of 1953 s. 2) "Commissioner" (署长) means the Commissioner of Rating and Valuation; (Added 10 of 1975 s. 2) "domestic premises" (住宅处所) means premises the subject of a separate letting (including any bed-space, cubicle, room, floor or portion of a floor or building) which are used wholly or primarily for human habitation: (Amended 22 of 1953 s. 2) Provided that the following shall not be deemed to be domestic premises within the meaning of this definition- (a) any building or portion of a building which is used for habitation only by caretakers or watchmen not exceeding 2 in number; (b) any building or portion of a building which is used for habitation only by office attendants or their families; (c) any particular portion of an hotel or boarding-house which is let by the keeper of such hotel or boarding-house to a guest of such hotel or boarding-house;"landlord" (业主) includes any person, other than the Government, who is from time to time entitled to receive rent in respect of any premises and in relation to a particular tenant means the person entitled to receive rent from such tenant; (Amended 29 of 1998 s. 105) "lease" (租契) or "tenancy agreement" (租赁协议) includes every agreement for the letting of any premises, whether oral or in writing; "let" (出租、租出) includes sublet and "letting" (出租、租出) includes subletting; "order" (命令、令) means an order of the Tribunal; (Replaced 76 of 1981 s. 2) "permitted rent" (准许租金) means the rent lawfully payable under this Part in respect of any premises; (Added 22 of 1953 s. 2) "premises" (处所) means the subject matter of any tenancy; "prevailing market rent" (市值租金) means the rent, exclusive of rates, at which premises the subject matter of a tenancy to which this Part applies might reasonably be expected to be let, at the date- (a) of service of a notice under section 10(1A)(a); or (b) on which the Commissioner issues his certificate under section 10E,as may be appropriate, on the terms of the tenancy (other than those relating to rent and duration of the tenancy) but disregarding the effect of this Part; (Replaced 53 of 1993 s. 2)"principal tenant" (主租客) means a tenant of premises other than a Government lessee, who has or shall sublet any part or parts thereof as a separate holding or holdings but shall not include a tenant, hereinafter referred to as a derivative landlord, who has or shall sublet the whole of such premises as one holding; (Amended 29 of 1998 s. 105) "standard rent" (标准租金) with respect to any premises means- (a) if the premises were actually let unfurnished on 25 December 1941, the rate of rent which was recoverable from the sitting tenant; and (b) if the premises were not actually let on 25 December 1941, or were then let furnished, but had been let unfurnished on some previous date, the rate of rent which was recoverable from the sitting tenant on the last occasion before 25 December 1941, on which the premises were actually let unfurnished; and (c) if the premises were not let unfurnished until after 25 December 1941, then such rate of rent as may be assessed by the Commissioner under section 8 having regard to what would have constituted a standard rent for the premises if let unfurnished immediately before 1 December 1941; (Amended 22 of 1953 s. 2; 76 of 1981 s. 2; 53 of 1993 s. 2)"tenancy" (租赁) includes a sub-tenancy; "tenant" (租客) does not include a Government lessee but includes a sub-tenant and- (Amended 29 of 1998 s. 105) (a) a person who before 23 May 1947 had retained possession of premises by virtue of any enactment repealed by this Part* and who was on 23 May 1947 in possession of premises, to which this Part applies; (b) a person who retains possession of any premises by virtue of this Part; (c) the widow of a tenant, residing with the tenant at the time of his death, or where the tenant leaves no widow or is a woman, such member of the tenant's family so residing as aforesaid as may be decided in default of agreement by the Tribunal; (Replaced 22 of 1953 s. 2. Amended 76 of 1981 s. 2)"tenement" (物业单位) means any building, structure or part thereof, which is held or occupied as a distinct or separate tenancy or holding or under any licence; (Added 76 of 1981 s. 2) "Tribunal" (审裁处) means the Lands Tribunal established under the Lands Tribunal Ordinance (Cap 17). (Replaced 76 of 1981 s. 2) (25 of 1947 s. 2 incorporated. Amended 53 of 1993 s. 2)___________________________________________________________________ Note: * See s. 38 of the Landlord and Tenant Ordinance 1947 (25 of 1947). Cap 7 s 3 Application of this Part Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 105 (1) This Part shall not apply to- (a) any premises- (i) in a building in respect of which an occupation permit, including a temporary occupation permit, was first issued by the Building Authority under section 21(2) of the Buildings Ordinance (Cap 123) after 16 August 1945; or (ii) which were completed or substantially rebuilt after 16 August 1945; (Replaced 29 of 1983 s. 2)(b) agricultural land or any building thereon, other than a building erected before 17 August 1945; (Added 22 of 1953 s. 3) (c) land let unbuilt upon save where such land has been let with, and for the better enjoyment of, any building, or save where a building to which this Part applies has subsequently been erected thereon; (Added 22 of 1953 s. 3) (d) (Repealed 29 of 1983 s. 2) (e) (Repealed 40 of 1984 s. 2) (f) any particular portion of an hotel or boarding-house which is let furnished by the keeper of such hotel or boarding-house to a guest of such hotel or boarding-house; (g) any premises for the time being vested in or in the custody of the Custodian of Property or the Custodian of Enemy Property; (h) any lease or tenancy held directly from the Government; (Amended 13 of 1948 s. 3; 40 of 1984 s. 2; 29 of 1998 s. 105) (i) any premises which are, or since 4 May 1979 have been, business premises. (Replaced 40 of 1984 s. 2)(2) In the event of any doubt or dispute as to whether any premises are excepted from the application of this Part by any of the provisions of subsection (1), the same may be determined by the Commissioner on the application of a landlord or tenant. (Amended 76 of 1981 s. 3) (3) Where immediately before 23 May 1947, a tenant of premises to which this Part does not apply was entitled to protection against eviction by reason of an enactment repealed by this Part*, he shall be deemed to be holding at the rent payable immediately before 23 May 1947, and shall be entitled to such notice to quit as would have been required under the original contract of tenancy or if such notice had already been given and had expired at or before 23 May 1947 then to 1 month's notice. (25 of 1947 s. 3 incorporated)___________________________________________________________________ Note: * See s. 38 of the Landlord and Tenant Ordinance 1947 (25 of 1947). Cap 7 s 4 Power to exclude application of this Part Remarks: Adaptation amendments retroactively made - see 44 of 2000 s. 3 (1) The Chief Executive may, in his absolute discretion and without the necessity of hearing any interested party, by order exclude from the further application of this Part any class of premises. (Replaced 40 of 1968 s. 3. Amended 72 of 1973 s. 2; 44 of 2000 s. 3) (2) The Tribunal may, in accordance with this section, make an order excluding any particular premises from the further application of this Part. (Replaced 76 of 1981 s. 4) (3) Every order made under subsection (1) shall be published in the Gazette whereupon the tenant of any such premises shall be deemed to be holding at the rent payable immediately before the publication of such order and shall be entitled to such notice to quit as would have been required under the original contract of tenancy, or, if such notice has already been given and has expired, then to 1 month's notice expiring at the end of the calendar month next after the month in which such order was published: (Amended 76 of 1981 s. 4) Provided that in the event of any notice having been given prior to such order being published nothing herein contained shall entitle a landlord to recover possession prior to the expiration of such notice. (Added 40 of 1968 s. 3) (3A) Upon the making of an order under subsection (2) the tenant of any such premises shall be deemed to be holding at the rent payable immediately before the making of the order and shall be entitled to such notice to quit as would have been required under the original contract of tenancy or, if such notice has already been given and has expired, then to 1 month's notice expiring at the end of the calendar month next after the month in which such order was made: Provided that in the event of any notice having been given prior to such order being made nothing herein contained shall entitle a landlord to recover possession prior to the expiration of such notice. (Added 29 of 1983 s. 3) (4) Any landlord or tenant desiring to obtain an order of the Tribunal under subsection (2) shall serve notice thereof on his immediate tenant or landlord as the case may be in the prescribed form and shall also post such notice in a conspicuous place at the entrance to the premises to which the application relates. Such service and posting shall be verified by affidavit in the prescribed form which shall be lodged in the registry of the Tribunal. (Amended 30 of 1955 s. 5; 56 of 1961 s. 2; 40 of 1968 s. 3; 76 of 1981 s. 4) (5) Any party other than the person served under subsection (4) who opposes the application shall within 14 days of such notice having been posted as aforesaid give notice in writing to the registrar of the Tribunal in the prescribed form stating his interest in the matter and whether he wishes to make written representations to the Tribunal or whether he wishes to appear by himself or by his advocate on the hearing of the application. (Amended 76 of 1981 s. 4) (6) (Repealed 76 of 1981 s. 4) (7) (a) After hearing the parties and considering such representations as it thinks fit, the Tribunal may make an order in terms of subsection (2), either absolutely or subject to such conditions as it thinks fit (including a condition requiring payment of compensation by the landlord to any tenant). (Replaced 76 of 1981 s. 4) (b) For the purposes of any review under section 11A of the Lands Tribunal Ordinance (Cap 17), the time limit mentioned in that section shall not apply to a decision, other than in relation to the payment of compensation, under paragraph (a). (Added 29 of 1983 s. 3)(8) (a) A landlord who has made an application under this section may enter into an agreement with any tenant who in accordance with the provisions of subsection (5) opposes the landlord's application whereby the tenant agrees to withdraw his opposition to such application subject to such terms as may be agreed between the landlord and the tenant: (Amended 53 of 1993 s. 3) Provided that- (i) no such agreement shall contain any term whereby the tenant agrees to quit his premises before an order excluding the said premises from the further application of this Part has been made; (ii) if no order excluding the said premises from the further application of this Part is made, the agreement shall be null and void; (iii) if an order excluding the said premises from the further application of this Part is made, the agreement shall be enforceable only in so far as it is consistent with such order. (b) In the event of the Tribunal ordering that the premises to which the application relates shall be excluded from the further application of this Part, the Tribunal shall make such order subject to the terms agreed between the parties together with such other conditions, if any, as it may think fit to impose in accordance with subsection (7). (Added 30 of 1955 s. 5. Amended 40 of 1968 s. 3; 76 of 1981 s. 4)(9)-(13) (Repealed 76 of 1981 s. 4) (14) Where any class of premises has been excluded from the further application of this Part by an order made under subsection (1), the Tribunal shall have jurisdiction to determine whether any particular premises fall within such class. (Amended 76 of 1981 s. 4; 29 of 1983 s. 3) (25 of 1947 s. 32 incorporated. Amended 23 of 1963 s. 3; 40 of 1968 s. 3) Cap 7 s 5 (Repealed) (Repealed 76 of 1981 s. 5) Cap 7 s 6 Re-entry by Government Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 4 (1) Where- (a) there is a breach of any condition of an order made under section 4 in respect of premises on land which the landlord holds under a Government lease or other tenancy from the Government; or (b) prior to the making of an order under section 4 in respect of any such premises there has been made an assignment or underlease of, or an agreement to assign or underlet, an undivided share of or in the land together with the right to the exclusive possession, use, occupation or enjoyment of any portion of any building to be erected thereon pursuant to such order, (Amended 76 of 1981 s. 6)such breach, or assignment or underlease, or agreement to assign or underlet shall be deemed to be a breach of a covenant in the Government lease, or of a condition or stipulation of the tenancy of such land, and a right of re-entry thereon under the Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap 126) shall be deemed to have accrued to the Government. (2) Where a right of re-entry is deemed under subsection (1) to have accrued to the Government and in exercise of such right the Government has re-entered upon the land, any person who has taken an assignment or underlease, or has entered into an agreement to take an assignment or underlease, of an undivided share of or in the land together with the right to exclusive possession, use, occupation or enjoyment of any portion of any building to be erected thereon shall, in addition to any other claim he may have, be entitled to recover from the person to whom it was paid any money or other property which passed, whether by way of consideration or otherwise, under or by virtue of such assignment, underlease or agreement. (3) Subsection (1)(b) shall not apply to an assignment or underlease of, or an agreement to assign or underlet, an undivided share of or in land where the consideration or part of the consideration therefor is the erection of the building to be erected on the land pursuant to an order made under section 4. (Replaced 46 of 1975 s. 2. Amended 29 of 1998 s. 4) Cap 7 s 7 Registration in Land Registry of order under section 4 (1) The Commissioner shall cause an order made under section 4 to be registered by memorial in the Land Registry against the premises affected. (Replaced 76 of 1981 s. 7. Amended 8 of 1993 s. 2) (2) Where premises are excluded from the further application of this Part by order under section 4, and it is a condition of the order that a building or buildings shall be erected upon the site of such premises in accordance with the terms of such order, then upon the order being registered by virtue of subsection (1), such condition shall be binding on any executor, administrator, successor or assign of the landlord of the premises and may be enforced against any such executor, administrator, successor or assign by re-entry or otherwise, in like manner as it could have been enforced against the landlord. (Added 30 of 1955 s. 7. Amended 72 of 1973 s. 2) Cap 7 s 7A (Repealed) (Repealed 40 of 1984 s. 3) Cap 7 s 8 Assessment of standard rent Standard Rent (1) The landlord or tenant of any premises to which this Part applies may apply to the Commissioner in the specified form for his assessment of the standard rent of such premises. (Replaced 93 of 1975 s. 2) (2) (Repealed 93 of 1975 s. 2) (3) A certificate given pursuant to the provisions of this section by the Commissioner of his assessment of the standard rent of premises described therein shall be prima facie evidence of such standard rent in any legal proceedings whatsoever, whether civil or criminal. (Amended 93 of 1975 s. 2) (Added 22 of 1953 s. 5) Cap 7 s 9 (Repealed) (Repealed 53 of 1993 s. 4) Cap 7 s 9A Relevance of prevailing market rent The rent of any premises to which this Part applies- (a) may, by virtue of section 9B; but (b) shall not, by virtue of section 10,exceed the prevailing market rent of the premises or, where the rates in respect of the premises are payable by the landlord, the aggregate of the following amounts- (i) the prevailing market rent of the premises; and (ii) the amount of the rates payable in respect of the premises. (Replaced 53 of 1993 s. 5) Cap 7 s 9B Alterations in rent by agreement (1) Subject to subsection (2), there shall be payable and recoverable by way of rent of premises to which this Part applies such amount as may be agreed between the landlord and tenant. (2) Where an alteration in rent is agreed between a landlord and a tenant the landlord shall lodge with the Commissioner a notice of the alteration in rent in triplicate in the specified form signed by both the landlord and tenant. (3) A notice under subsection (2) is not valid unless- (a) it is signed by the tenant not earlier than 1 month before the date on which it is lodged with the Commissioner and 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.(4) Where a notice is lodged with the Commissioner under subsection (2), 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. (5) Where there is an increase in rent under an agreement mentioned in subsection (2), 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 (4). (6) The security of tenure afforded to a tenant under section 48(3) shall apply where the rent payable by the tenant is increased by agreement, notwithstanding the failure of the landlord to lodge notice of it under subsection (2). (7) Subject to section 10H, the rent of premises payable and recoverable by virtue of this section may be increased- (a) by a further agreement to which this section applies; (b) if the rent is less than the rent permitted under section 10(1), by an increase made under section 10(1A)(a) or by virtue of a certificate under section 10E; (c) under section 10(3) or (3AC) only if, after the alteration in rent is agreed under this section, the landlord incurs expenditure on improvements as set out in that section, in which case section 10(3A) shall apply only in respect of expenditure incurred on improvements after the time of that agreement; (d) under section 10AA, 10B or 10C. (Added 53 of 1993 s. 6) Cap 7 s 10 Permitted increases and adjustments (1) Subject to section 9A but without prejudice to section 9B, there shall be payable and recoverable by way of rent of premises to which this Part applies the following amounts- (a) in respect of any period before 1 July 1994, an amount equal to 55 times the standard rent of the premises or 60% of the prevailing market rent of the premises, whichever is the greater; (b) in respect of any period after 30 June 1994 and before 1 July 1995, an amount equal to 65 times the standard rent of the premises or 70% of the prevailing market rent of the premises, whichever is the greater; (c) in respect of any period after 30 June 1995 and before 1 July 1996, an amount equal to 75 times the standard rent of the premises or 80% of the prevailing market rent of the premises, whichever is the greater; (d) in respect of any period after 30 June 1996, an amount equal to 85 times the standard rent of the premises or 90% of the prevailing market rent of the premises, whichever is the greater. (Replaced 53 of 1993 s. 7)(1A) If at any date within the period specified in paragraph (a), (b), (c) or (d) of subsection (1) the rent of any premises is less than the rent permitted under that paragraph, the landlord may- (a) subject to section 10H and subsections (1B) and (1C), by serving on the tenant on that date a notice in the specified form, increase the rent to an amount equal to the multiple of the standard rent of the premises specified in that paragraph; or (b) on that date apply to the Commissioner in the specified form for a certificate under section 10D. (Replaced 53 of 1993 s. 7)(1B) Any increase in rent under subsection (1A)(a) shall take effect not earlier than the first day when rent becomes due after the expiration of one month from the service of the notice. (Added 93 of 1975 s. 3. Amended 53 of 1993 s. 7) (1C) Where a landlord serves a notice on the tenant under subsection (1A)(a) he shall, at the same time, send a copy of the notice to the Commissioner. (Added 93 of 1975 s. 3. Amended 39 of 1976 s. 6; 53 of 1993 s. 7) (2) Where as part of the tenancy agreement furniture is provided for the use of the tenant, the references in subsection (1) to an amount equal to a multiple of the standard rent of the premises shall be treated as references to such an amount plus such a charge for the use of that furniture (whether expressed by way of rent or otherwise) as, having regard to the value of that use to the tenant, is reasonable: But this subsection shall not apply until the landlord has specified by notice in writing to the tenant the consideration (whether by way of rent or otherwise) that he attributes to the furniture. (Replaced 53 of 1993 s. 7) (3) Where the landlord of any premises incurs expenditure of $5000 or more on improvements to such premises, the landlord may increase the rent payable in respect of those premises by 20% per annum of the amount expended on the improvements. (Replaced 76 of 1981 s. 9) (3AA) Where rent is increased under subsection (3), the increase 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 increase and the date from which it is to take effect. (Added 76 of 1981 s. 9) (3AB) The date specified in a notice of increase under subsection (3AA) shall be not earlier than the first day when rent becomes due after the expiry of one month from the service of the notice. (Added 76 of 1981 s. 9) (3AC) Where the landlord of any premises incurs expenditure of $5000 or more on improvements to such premises and those premises comprise 2 or more tenements then the amount expended shall be apportioned between the tenements and the rent payable in respect of any tenement may be increased in accordance with this section by reference to the part of the expenditure apportioned to it. (Added 76 of 1981 s. 9) (3A) In determining the amount of expenditure incurred on improvements, expenditure incurred in the 6 months immediately prior to the date of service of the notice of increase under subsection (3AA) may be aggregated. (Replaced 76 of 1981 s. 9) (3B) No account shall be taken of- (a) expenditure incurred prior to the commencement of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1976 (56 of 1976); (b) expenditure in respect of which an increase in rent has previously been made under this section; or (Added 56 of 1976 s. 2. Amended 53 of 1993 s. 7) (c) expenditure which has been taken into account when a certificate was issued under section 10E. (Added 53 of 1993 s. 7)(3BA) Where a landlord serves on a tenant a notice of increase under subsection (3AA), the landlord shall send a copy of that notice to the Commissioner. (Added 76 of 1981 s. 9) (3BB) A tenant on whom a notice of increase in rent is served under subsection (3AA) may, not later than one month after the service of the notice, apply to the Tribunal for an order cancelling or reducing the increase on the ground- (a) that the improvement was unnecessary: Provided that where the premises the subject of the improvement comprise 3 or more tenements and more than two-thirds of the tenants of those premises (other than sub-tenants) have consented in writing to the improvement, the improvement shall be deemed to be necessary;(b) that a greater amount was expended on the improvement than was reasonable; or (c) where the increase follows an apportionment under subsection (3AC), that the apportionment was unreasonable,and the Tribunal may make an order accordingly. (Added 76 of 1981 s. 9) (4) If the Commissioner is satisfied on the application of a landlord or tenant of premises that the services and facilities which the landlord is liable to provide under the tenancy agreement differ from those which the landlord was liable to provide under the tenancy agreement by reference to which the standard rent was ascertained, the Commissioner may adjust the standard rent accordingly and upon such adjustment the rent substituted by the Commissioner shall be and become the standard rent for the purposes of this Part but without prejudice to further adjustment under this subsection or under other provisions of this Part. (Amended 76 of 1981 s. 9; 53 of 1993 s. 7) (5) Nothing in this Part shall be taken to authorize any increase of rent in respect of a period prior to 23 May 1947. (6) If any notice served for the purposes of subsection (1) contains any statement or representation which is false or misleading in any material respect, the landlord shall be liable on summary conviction to a fine of $1000 unless he proves that the statement was made innocently and without intent to deceive. (7) Where the notice of an increase of rent which at the time was valid has been served on any tenant, the increase may be continued without service of any fresh notice on any subsequent tenant. (8) The Legislative Council may by resolution amend subsection (1) by substituting, for the periods, multipliers and percentages specified in subsection (1), such periods, multipliers and percentages as may be specified in the resolution. (Replaced 53 of 1993 s. 7) (9) In this section- "improvement" (改善) includes structural alteration, extension or addition and the provision of additional fixtures and fittings, but does not include anything done by way of decoration or repair. (Added 76 of 1981 s. 9) (25 of 1947 s. 6 incorporated) Cap 7 s 10A Certificates of prevailing market rent (1) Where a landlord serves a tenant with a notice of increase of rent under section 10(1A)(a) the tenant may, within 14 days of being so served, apply for a certificate under subsection (5) by sending an application in the specified form in duplicate to the Commissioner. (Amended 53 of 1993 s. 8) (2) On receipt of an application under subsection (1) the Commissioner shall serve a copy thereof on the landlord. (3) Within 14 days of service on him under subsection (2) of a copy of the tenant's application, the landlord may send his representations thereon to the Commissioner. (4) Where the Commissioner receives representations from a landlord under subsection (3) which indicate that the landlord disputes any fact set out in the tenant's application, he shall determine the facts in dispute and then deal with the application in accordance with subsection (5). (5) Where a tenant makes an application under subsection (1), the Commissioner shall, if satisfied that the increased rent specified in the landlord's notice under section 10(1A)(a)- (Amended 53 of 1993 s. 8) (a) does not exceed the prevailing market rent of the premises aggregated, where the rates in respect of the premises are payable by the landlord, with the amount of the rates, issue free of charge and serve on the landlord and tenant certificates in the specified form to that effect; (b) exceeds the prevailing market rent of the premises aggregated, where the rates in respect of the premises are payable by the landlord, with the amount of the rates, issue free of charge and serve on the landlord and tenant certificates in the specified form stating- (i) the prevailing market rent of the premises; and (ii) where the rates in respect of the premises are payable by the landlord, the amount of the rates,and 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 subsection (4). (Amended 29 of 1983 s. 46) (6) A certificate issued under subsection (5) shall in any proceedings be prima facie evidence of the facts set out therein. (7) (Repealed 40 of 1984 s. 5) (8) Nothing in this section shall prejudice any right which a landlord, tenant or sub-tenant may have to make an application under section 32 to the Tribunal. (Amended 76 of 1981 s. 10) (9) (Repealed 53 of 1993 s. 8) (Added 39 of 1979 s. 8) Cap 7 s 10AA Increase in rent on account of rates (1) Where- (a) a landlord bears the rates in respect of any premises and after 31 March 1975 there is an increase in the amount of the rates payable; or (b) rates are imposed after 31 March 1975 in respect of any premises and the landlord bears those rates,the landlord may, subject to subsection (2), increase the amount of rent payable by the tenant of those premises by the amount of the increase in rates or by the amount of the rates imposed, as the case may be. (1A) For the purposes of subsection (1)(b), rates shall be deemed not to be imposed where rates become payable by reason only that the premises cease to be exempt from assessment to or payment of rates under section 36 of the Rating Ordinance (Cap 116). (Added 29 of 1983 s. 4) (2) Where the amount of rent is increased under this section the increase 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 increase and the date from which it is to take effect. (3) The date specified in a notice of increase under subsection (2) shall not be earlier than- (a) the date from which the increased rates or the rates imposed, as the case may be, are payable; or (b) 24 months prior to the date of service of the notice,whichever is the later. (Replaced 29 of 1983 s. 4) (Added 10 of 1975 s. 4. Amended 39 of 1979 s. 7) Cap 7 s 10B Increase in rent following apportionment (1) Where section 10AA(1) applies in respect of any premises and the premises form part of a tenement or consist of, or form part of, more than one tenement, the landlord may apply to the Commissioner in the specified form for a certificate under subsection (2). (2) On receipt of an application under subsection (1), the Commissioner shall make such apportionment or aggregation of the rates as he considers necessary to determine the amount of rates attributable to the premises and shall serve on the landlord and on the tenant certificates in the specified form stating the amount by which the rent may be increased. (3) Where the Commissioner has served a certificate under subsection (2), the rent of the tenancy may be increased, in accordance with section 10AA, by the amount shown in the certificate. (4) In this section "tenement" (物业单位) shall have the meaning assigned to it by section 2 of the Rating Ordinance (Cap 116). (Added 10 of 1975 s. 4. Amended 39 of 1979 s. 9) Cap 7 s 10C Increase in rent of sub-tenancy on account of rates (1) Where- (a) a principal tenant bears the rates in respect of any premises the subject of a sub-tenancy and after 31 March 1975 there is an increase in the amount of rates payable; (b) rates are imposed after 31 March 1975 in respect of any premises the subject of a sub-tenancy and the principal tenant bears those rates; or (c) the rent of a tenancy has been increased under section 10AA or 10B and a sub-tenancy has been created out of that tenancy, (Amended 39 of 1979 s. 10)the principal tenant may, subject to subsection (5), increase the amount of the rent payable by the sub-tenant by the amount of the increase in the rates of by the amount of the rates imposed, as the case may be, attributable to the premises the subject of the sub-tenancy. (1A) For the purposes of subsection (1)(b), rates shall be deemed not to be imposed where rates become payable by reason only that the premises cease to be exempt from assessment to or payment of rates under section 36 of the Rating Ordinance (Cap 116). (Added 29 of 1983 s. 5) (2) Where subsection (1) applies in respect of any premises, a principal tenant may apply to the Commissioner in the specified form for a certificate under subsection (3). (3) On receipt of an application under subsection (2) the Commissioner shall make such apportionment or aggregation of the rates as he considers necessary to determine the amount of rates attributable to the premises the subject of the sub-tenancy and shall serve on the principal tenant and on the sub-tenant certificates in the specified form stating the amount by which the rent of the sub-tenancy may be increased. (4) Where the Commissioner has served a certificate under subsection (3), the rent of the sub-tenancy may, subject to subsection (5), be increased by the amount shown in the certificate. (5) Where the amount of rent of a sub-tenancy is increased under this section, the increase shall not take effect except in pursuance of a notice of increase in the specified form served by the principal tenant on the sub-tenant specifying the amount of the increase and the date from which it is to take effect. (6) The date specified in a notice of increase under subsection (5) shall be not earlier than- (a) the date from which the increased rates or the rates imposed, as the case may be, are payable; or (Replaced 29 of 1983 s. 5) (b) the date on which the increase in rent of the principal tenancy on account of rates became payable; or (c) 24 months prior to the date of service of the notice of increase on the sub-tenant, whichever is the later. (Amended 29 of 1983 s. 5) (Added 10 of 1975 s. 4) Cap 7 s 10D Application for certificate of increase in rent (1) Where a landlord wishes to increase the rent payable by his tenant, he may apply to the Commissioner for a certificate. (2) An application under subsection (1) shall be made by sending a notice in duplicate in the specified form to the Commissioner. (3) Where the Commissioner is of the opinion that, having regard to section 10H, no increase in rent is due, or such increase in rent is not due within a period of 6 months from the date of receipt of the application under subsection (1), he may decline to deal with such application or defer dealing with such application until it appears to him that the increase in rent is due within a period of 6 months. (4) Subject to subsection (3), upon receipt of an application under subsection (1) the Commissioner shall serve a copy of it on the tenant. (5) Within 14 days of service on him under subsection (4) of a copy of the landlord's application the tenant may send his representations on the application in writing to the Commissioner. (6) Where the Commissioner receives representations from a tenant under subsection (5) which indicate that the tenant disputes any fact set out in the application of the landlord, he shall determine the facts in dispute and shall then deal with the application in accordance with section 10E. (Added 53 of 1993 s. 9) Cap 7 s 10E Certificates of increase in rent (1) Where a landlord applies for a certificate under section 10D, the Commissioner shall- (a) if satisfied that, on the date of the receipt of the application, the rent permitted under section 10(1) exceeded 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, on the date of the receipt of the application, the rent permitted under section 10(1) exceeded 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 of those facts under section 10D(6). (2) The amount mentioned in subsection (1)(a) shall be the difference between- (a) the rent permitted under section 10(1) on the date of the receipt of the application; (b) the current rent,disregarding any cents in that amount. (3) Where a certificate has been issued under subsection (1)(b) in relation to any premises, no further application under section 10D in respect of those premises shall be made by the person to whom the certificate has been issued before the expiry of 6 months from the date of service of the certificate. (Added 53 of 1993 s. 9) Cap 7 s 10F Review (1) Where the Commissioner issues a certificate under section 10E, the landlord or the tenant may within 14 days of service on him of the certificate apply to the Commissioner by notice in duplicate in the specified form for a review of the certificate. (2) On receipt of an application under subsection (1) and such fee as may be determined by the Financial Secretary, the Commissioner shall review his certificate issued under section 10E and, after giving both parties the opportunity of making written submissions, he may affirm the certificate or cancel it and issue a new certificate under that section, and shall serve on the parties a notice of his decision in the specified form. (3) The Commissioner may, at the time of any review under subsection (2), determine the date from which any increase in rent shall take effect, and, if he makes such determination, shall include such determination in the notice of decision served under subsection (2). (4) For the purpose of section 32(aa), an appeal shall lie to the Tribunal in respect of a decision of the Commissioner under this section but not under section 10E. (Added 53 of 1993 s. 9) Cap 7 s 10G Notices of increases (1) Unless the Commissioner has made a determination under section 10F(3) or the Tribunal has made an order under section 32(aa) regarding the date from which an increase in rent shall take effect, an increase in rent specified in a certificate issued under section 10E(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. (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 10H, 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 10F or an appeal under section 32(aa) are not concluded on the date specified in a notice under subsection (1), the failure by the 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. (Added 53 of 1993 s. 9) Cap 7 s 10H Effective date for increases (1) No increase in rent of any premises pursuant to- (a) a notice under section 10(1A)(a); (b) a certificate under section 10E or 10F; or (c) an order of the Tribunal under section 32(aa),shall take effect within a period of 1 year from the date on which the rent of the premises was last increased, whether by agreement or otherwise. (2) For the purposes of this section rent shall, until the contrary is proved, be deemed to have been increased if the tenant has made any payments, other than rates, to the landlord, and such additional payments have been made as a condition of the right to occupation of the premises. (3) Any increase in rent under section 10(2), (3) or (3AC), 10AA, 10B or 10C shall not be an increase in rent for the purposes of this section. (Added 53 of 1993 s. 9) Cap 7 s 11 Rent of premises conditionally excluded Where premises are excluded from the further application of this Part by order under section 4, and it is a condition of the order that a building or buildings shall be erected upon the site of such premises in accordance with the terms of such order, then until the Building Authority has certified that such condition has been fulfilled the provisions of this Part in regard to permitted rent shall continue to apply to such premises notwithstanding such exclusion, and it shall be unlawful to demand or receive in respect of such premises or any part thereof any rent in excess of the permitted rent of the premises or such part, and any person who demands or receives any rent in contravention of this section shall be guilty of an offence and shall be liable on summary conviction to a fine of $10000. (Added 30 of 1955 s. 7) Cap 7 s 12 (Repealed) (Repealed 53 of 1993 s. 10) Cap 7 s 13 Statement to be supplied as to standard rent A landlord of any premises to which this Part applies shall, on being so requested in writing by the tenant of such premises or by the superior landlord of such landlord, supply the tenant or the superior landlord, as the case may be, with a statement in writing of the standard rent of such premises, and, if, without reasonable excuse, he fails within 14 days so to do, or supplies a statement which is false in any material particular, he shall be liable on summary conviction to a fine of $1000. (25 of 1947 s. 21 incorporated) Cap 7 s 14 Postponement of permitted increase where repairs effected by tenant If the tenant of any premises has since 16 August 1945, with the consent of the landlord of such premises, effected repairs thereto which were necessary to render the said premises reasonably habitable and the sum expended by such tenant has amounted to the equivalent of not less than the standard rent of such premises for a period of 6 months, that portion of the rent permitted under section 10(1) which exceeds the standard rent shall not commence to accrue or become payable or recoverable until such time as the amount thereof would, but for this provision, have been equal to one-half of the amount expended by the tenant on such repairs. (25 of 1947 s. 7 incorporated. Amended 39 of 1979 s. 11) Cap 7 s 15 Offences (1) Any person who- (a) demands or receives rent in excess of the permitted rent of any premises; (Replaced 22 of 1953 s. 8) (b)-(d) (Repealed 53 of 1993 s. 11)shall be guilty of an offence and shall be liable on summary conviction to a fine of $4000. (Amended 22 of 1953 s. 8) (1A) It shall be a defence for a person charged with demanding or receiving rent of any premises contrary to subsection (1) to prove- (a) that the demand or receipt was made pursuant to a notice purportedly served under section 10(1A)(a); and (b) that at the time of the demand or receipt he did not know and had no reason to believe that the rent demanded or received was in excess of the permitted rent of those premises. (Added 53 of 1993 s. 11)(2) Upon conviction of a person of an offence against subsection (1), it shall be lawful for a magistrate, in addition to imposing a fine- (a) to order the defendant to pay to the tenant any sum received in excess of the permitted rent; and (Replaced 53 of 1993 s. 11) (b) if the defendant is a principal tenant to order his ejectment. (Replaced 22 of 1953 s. 8)(3) Nothing in this section shall prejudice the right of any person to recovery by civil action any such sums as a magistrate may order to be paid under the provisions of subsection (2). (4) Any person who, in any document required under this Part to be lodged with or served on the Commissioner, makes a false statement, knowing it to be false or not believing it to be true, commits an offence and is liable to a fine of $5000. (Added 40 of 1984 s. 6) (25 of 1947 s. 8 incorporated) Cap 7 s 16 Recovery of excessive payments by civil action The person by whom any payment has been made the demanding or receiving of which is made an offence under the provisions of section 15 may recover the amount or value thereof by action: (Amended 76 of 1981 s. 11) Provided that any action for such recovery shall be commenced within 6 months after the making of such payment. (25 of 1947 s. 9 incorporated. Amended 53 of 1993 s. 12) Cap 7 s 17 Restriction on recovery of possession and effect of retention of possession Protected Tenancies (1) No order against a tenant for the recovery of possession of or for ejectment from any premises to which this Part applies shall be made otherwise than under this Part or under any Ordinance empowering any court or magistrate to make an order terminating the tenancy of any premises or for the closure of or ejection of the tenant from, any premises, by reason of the use thereof for immoral or illegal purposes or of the dangerous, insanitary or overcrowded state thereof, or with respect to which any offence has been committed. (2) Any tenant who before 23 May 1947 has retained possession of any premises by virtue of any enactment repealed by this Part* and who is on 23 May 1947 in possession of premises to which this Part applies and any tenant who shall retain possession by virtue of this Part shall so long as he retains possession observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, so far as the same are consistent with this Part, and shall be entitled to give up possession only on giving such notice as would have been required under the original contract of tenancy, or, if no notice would have been so required on giving not less than 1 month's notice: Provided that notwithstanding anything in the contract of tenancy a landlord who obtains an order for the recovery of possession from or the eviction of any tenant retaining possession as aforesaid shall not be required to give any notice to quit to the tenant. (3) Subsection (1) shall not apply to- (a) proceedings by a person claiming under a title adverse and superior to that under which the original tenancy, by virtue of which the tenant became entitled to retain possession, was derived; or (b) proceedings against a derivative landlord:Provided that no order or judgment against a derivative landlord for the recovery of possession or ejectment therefrom shall affect the right of any sub-tenant to whom the premises or any part thereof shall have been lawfully sublet before proceedings for recovery of possession or ejectment were commenced to retain possession under this section or be in any way operative against any such sub-tenant. (4) Notwithstanding the provisions of subsection (1), a closure order may be made under section 27 (Closure Order) of the Buildings Ordinance (Cap 123). (Added 43 of 1949 s. 3) (25 of 1947 s. 5 incorporated)___________________________________________________________________ Note: * See s. 38 of the Landlord and Tenant Ordinance 1947 (25 of 1947). Cap 7 s 18 No surrender etc. of tenancy without approval (1) Subject to subsection (2), a tenant may agree to surrender or terminate his tenancy. (Replaced 53 of 1993 s. 13) (2) An agreement mentioned in subsection (1) shall have no effect unless it is- (a) in such form as the Commissioner shall approve; (b) endorsed by the Commissioner under subsection (3)(c); and (c) lodged with the Commissioner within 28 days of its execution, with such fee as may be determined by the Financial Secretary. (Replaced 53 of 1993 s. 13)(3) The Commissioner or any public officer authorized by him in that behalf- (a) shall satisfy himself that the tenant- (i) in entering or proposing to enter into an agreement under this section understands the effect of such agreement; and (ii) in signing or agreeing to sign such an agreement has not been subject to any undue pressure or influence; and(b) may make such inquiries as he thinks fit for the purposes of paragraph (a); and (c) shall, if satisfied as to the matters specified in paragraph (a), endorse upon the agreement a certificate to that effect in such form as the Commissioner shall, from time to time, specify. (Amended 93 of 1975 s. 5; 32 of 1985 s. 3)(4) Nothing in subsection (3) shall be construed as imposing upon the Commissioner or any public officer any duty to inquire into or be satisfied as to the reasonableness or otherwise of the consideration specified in the agreement. (5) Where, after the commencement of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1973 (64 of 1973), an agreement is made for the surrender or termination of a tenancy under subsection (1), the premises to which the agreement relates shall be excluded from the further application of this Part. (Added 64 of 1973 s. 2) (Added 40 of 1968 s. 2. Amended 18 of 1974 s. 2; 10 of 1975 s. 6) Cap 7 s 19 Duties of principal tenant (1) Every principal tenant shall affix and shall keep affixed on a conspicuous part of the premises comprised in his principal tenancy a notice in Form 1 in the Second Schedule stating the rent payable by him to his landlord and shall give to each sub-tenant notice in writing of the part of such rent which he attributes to the premises let to such sub-tenant. (2) Every principal tenant shall, whether the same shall be demanded or not, give to each sub-tenant at the time of his paying the same a receipt for the amount of the rent paid and such receipt shall state the period in respect of which such rent was payable. (3) Every principal tenant shall, within 1 month after becoming a principal tenant, furnish to his landlord a full and true statement showing the name of all the sub-tenants of such principal tenant with sufficient particulars of the parts of the premises occupied by and of the standard rent and gross rent payable by and of the date of first occupation by each of them. (Amended 11 of 1954 s. 3) (4) A principal tenant who fails to comply with any of the provisions of subsections (1), (2) and (3) shall be guilty of an offence and shall be liable on summary conviction to a fine of $2000. (Amended 22 of 1953 s. 10) (5) Upon the hearing of any summons issued under this section, it shall be lawful for a magistrate, in addition to imposing a fine if the defendant is convicted, to order the eviction of the defendant. (Amended 22 of 1953 s. 10) (6) Where a principal tenant is evicted under the provisions of this section or of section 15, the sub-tenants of such principal tenant shall be deemed to be and shall thereafter be tenants of the immediate landlord of such principal tenant and shall be deemed to hold their respective premises upon the terms and conditions upon which they held them from the principal tenant: Provided that such immediate landlord shall be entitled to demand or receive from such sub-tenant only such rent as he would have been entitled to demand or receive if the tenancy of the principal tenant had been terminated under the provisions of section 21 and shall undertake towards the sub-tenants all those obligations formerly undertaken by the principal tenant. (7) It shall be the duty of the immediate landlord of the principal tenant to ensure that the provisions of subsection (1) are complied with, and an immediate landlord who fails without reasonable excuse (the burden of proving which shall be upon him) to ensure that the said provisions are complied with shall be guilty of an offence and shall be liable on summary conviction to a fine of $2000. (Added 22 of 1953 s. 10) (25 of 1947 s. 11 incorporated) Cap 7 s 19A Provision of rent receipts (1) A landlord shall give to his tenant, at the time the tenant pays the rent, a receipt for the amount of rent paid and the receipt shall contain- (a) the name and address of the landlord; (b) the period in respect of which such rent was paid; and (c) the date of payment.(2) A landlord who fails to comply with subsection (1) commits an offence and is liable to a fine of $2000. (Added 29 of 1983 s. 6) Cap 7 s 20 (Repealed) (Repealed 40 of 1984 s. 8) Cap 7 s 21 Termination of principal tenancy Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 105 (1) The immediate landlord of a principal tenant may by service of notice to quit in Form 2 in the Second Schedule and in manner specified in section 44 terminate the tenancy of such tenant in accordance with the provisions of, and to the extent provided in, this section. (2) The length of notice given by the notice to quit aforesaid shall be either that required by the contract between the landlord and the principal tenant or in default of any term in the contract specifying the length of notice, one calendar month from the date of service thereof. (3) Upon the expiration of such notice to quit- (a) each sub-tenant shall be deemed to be the tenant of the immediate landlord and to hold the premises upon the same terms and conditions as he held them from the principal tenant; (b) each sub-tenant affected thereby shall be liable to pay to the immediate landlord on demand the permitted rent of the premises let to him under contract with the principal tenant; (c) the immediate landlord shall undertake towards each sub-tenant all those obligations undertaken by the principal tenant previous to service of notice under subsection (1).(4) At any time within 14 days after the service of the notice to quit, the principal tenant may elect by notice in writing to the landlord to deliver up the whole of the premises subject to the tenancy or to retain any portion thereof retained, immediately before the service of the notice to quit, for his own occupation. (5) Where the principal tenant retains for his own occupation any part of the premises the subject of his tenancy from the immediate landlord, he shall be deemed to be the tenant of the immediate landlord in respect of the retained part and to hold the same upon a monthly tenancy. The rent of the retained part shall, subject to this Part, be such proportion of the rent of the whole of the premises immediately before the expiration of the notice to quit as is fairly attributable to the retained part: (Amended 53 of 1993 s. 14) Provided that in the event of any dispute between the immediate landlord and the principal tenant as to the amount of the rent payable by such principal tenant, such dispute may be referred to and decided by the Commissioner. (Amended 76 of 1981 s. 12) (6) Notwithstanding anything in this Part, and in particular, the definition of "tenant" (租客) in section 2, a lessee of the Government who recovers by virtue of this section any premises to which this section relates shall be deemed to be an immediate landlord of his principal tenant for all the purposes of this section and shall have all the rights and obligations conferred and imposed by this section on an immediate landlord. (Amended 29 of 1998 s. 105) (Replaced 22 of 1953 s. 11) Cap 7 s 22 Saving as to new agreements to vacate Nothing in this Part shall be taken to limit the right of a landlord and tenant (whether or not the tenant is a tenant to whom section 17(2) applies) to agree to such stipulations and conditions as they shall think fit in regard to the duration of the tenancy and in particular to any stipulation in regard to termination of the tenancy in the event of the landlord desiring to sell the premises or to obtain possession for occupation by himself or any member of his family: (Amended 53 of 1993 s. 15) Provided that no landlord shall be entitled by reason of any agreement made under the foregoing provision to obtain an order for the ejectment of any tenant unless he satisfies the Tribunal or a court, as the case may be, that the tenant intended by such agreement to deprive himself of the protection against ejectment afforded by this Part. (Amended 30 of 1955 s. 4; 76 of 1981 s. 13) (25 of 1947 s. 13 incorporated) Cap 7 s 23 Saving for unexpired term Nothing in this Part shall entitle any landlord during the currency of any written lease of any premises for a definite and unexpired term, to any rent higher than the rent reserved in such lease. (25 of 1947 s. 14 incorporated) Cap 7 s 24 Landlord may enter and effect necessary repairs (1) A landlord and his servants and agents may- (a) at all reasonable times, enter and inspect the premises the subject of the tenancy with a view to ascertaining whether they require any necessary repairs; and (b) after service upon the tenant of 14 days' notice in writing of intention so to do, enter upon the premises the subject of the tenancy and effect all necessary repairs.(2) For the purposes of this section, "necessary repairs" (必需的修茸) means any repairs which the tenant would be required to perform were he under covenant with the landlord to keep the premises in a tenantable state of repair. (3) The Tribunal on the application of a tenant or a landlord may- (a) determine any dispute or difference between a tenant and a landlord as to the construction and application of this section; (b) decide whether any repairs which the landlord proposes to execute are necessary repairs; (c) order a tenant for such period as to the Tribunal may appear reasonable to vacate the premises the subject of the tenancy or part thereof to facilitate the execution of necessary repairs, and in its discretion grant any extension of such period; (d) order the ejectment of a tenant who, in the opinion of the Tribunal, has unreasonably refused to allow the landlord to enter the premises the subject of the tenancy or any part thereof for the purpose of effecting any necessary repairs or in order to ascertain whether there are necessary repairs to be effected; (e) order the tenant to suffer the landlord and his servants and agents to enter upon the premises the subject of the tenancy or part thereof for the purpose of executing all necessary repairs, or in order to ascertain whether there are any necessary repairs to be effected, and give any direction which may appear to it to be desirable with regard to the manner and times in which and at which the repairs are to be effected; (f) order that in respect of any period during which the premises the subject of the tenancy have been reasonably vacated by the tenant to facilitate the execution of necessary repairs, the permitted rent shall abate by such proportion as the period during which the tenant has so vacated the premises bears to the concurrent period or periods in respect of which rent is payable; or (g) order restoration of possession to a tenant entitled to such possession by virtue of subsection (4).(4) A tenant who in order to facilitate the execution of necessary repairs vacates the premises the subject of the tenancy or part thereof whether of his own volition or at the request of the landlord or pursuant to an order of the Tribunal shall not be deemed to have lost possession thereof unless the Tribunal has ordered his ejectment under subsection (3)(d), and shall be entitled to have possession restored to him (as soon as conveniently may be after the repairs have been effected), and the Tribunal is hereby empowered upon application by the tenant to make an order that possession be restored to the tenant. (Added 22 of 1953 s. 7. Amended 76 of 1981 s. 14) Cap 7 s 25 (Repealed) (Repealed 76 of 1981 s. 15) Cap 7 s 26 (Repealed) (Repealed 76 of 1981 s. 15) Cap 7 s 27 (Repealed) (Repealed 76 of 1981 s. 15) Cap 7 s 28 Commissioner may approve contracting out in certain circumstances (1) A landlord and a tenant or prospective tenant of any premises to which this Part applies may make a joint application to the Commissioner for his approval under subsection (3) of the terms of any tenancy agreement into which they propose to enter. (2) An application under subsection (1) shall be in the specified form in triplicate and shall be accompanied by a copy of the proposed agreement and such fee as may be determined by the Financial Secretary. (Amended 32 of 1985 s. 4) (3) Notwithstanding anything contained in this Part, the Commissioner shall, if he is satisfied in relation to the proposed agreement- (Amended 32 of 1985 s. 4) (a) that the tenant or prospective tenant understands its effect; (b) that the tenant or prospective tenant in assenting to enter into such an agreement has not been subject to any undue pressure or influence; and (c) that no sub-tenants are prejudiced thereby,approve the proposed agreement and endorse the application submitted to him under subsection (1) with a statement to that effect and serve a copy thereof on the landlord and on the tenant or prospective tenant. (4) The Commissioner may make such inquiries as he thinks fit for the purposes of subsection (3) but nothing in subsection (3) or this subsection shall be construed as imposing on the Commissioner or any public officer any duty to inquire into or be satisfied as to the reasonableness or otherwise of the consideration specified in the agreement. (5) Where the Commissioner approves the terms of a proposed agreement under subsection (3) the parties may execute a tenancy agreement in the terms so approved, notwithstanding anything in this Part. (6) Where an agreement is executed under subsection (5)- (a) the landlord shall lodge a copy thereof with the Commissioner within 28 days of its execution; and (Amended 40 of 1984 s. 9) (b) the building or part thereof to which the agreement relates shall be excluded from the further application of this Part notwithstanding the termination or expiry of the agreement. (Replaced 39 of 1979 s. 12) (For savings and transitional provisions see 39 of 1979 s. 25(1)) Cap 7 s 29 Commissioner may revise rent in certain cases Subject to section 23, if the standard rent of any premises either- (a) is a rent which was agreed upon in writing at some date before 1 July 1937; or (b) is not higher than the rent recoverable from the tenant in actual occupation on 1 July 1937,the landlord of such premises may apply to the Commissioner to fix, and the Commissioner may fix, such other rent as the Commissioner shall think fit as the standard rent to be paid in respect of such premises during the continuance of this Part: Provided that nothing in this section shall affect any rent which became due before the date of the determination by the Commissioner fixing the rent. (25 of 1947 s. 16 incorporated. Amended 76 of 1981 s. 16) Cap 7 s 30 Commissioner may increase standard rent if unreasonably low Notwithstanding anything contained in this Part, the Commissioner may, on the application of a landlord, increase the standard rent of any premises by such amount as the Commissioner considers reasonable, if the Commissioner is satisfied that- (Amended 76 of 1981 s. 17; 32 of 1985 s. 5) (a) the standard rent of the premises is unreasonably low, having regard to the general level of rents prevailing on 25 December 1941 for premises of a similar character in the same neighbourhood; or (b) the standard rent of the premises ought to be increased, having regard to improvements in the amenities of the neighbourhood in which the premises are situate, such improvements having occurred after 25 December 1941. (Added 22 of 1953 s. 13) Cap 7 s 31 Commissioner may decrease standard rent if unreasonably high Notwithstanding anything contained in this Part, the Commissioner may, on the application of a tenant, decrease the standard rent of any premises by such amount as he