Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 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(7) (Repealed 40 of 1984 s. 5)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)