Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 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)