Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 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)

"necessary repairs" (必需的修茸)