Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 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)