Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 33

Order for ejectment of tenant

(1) The Tribunal on the application of a landlord may make an order for the
recovery of possession from or the ejectment of-

   (a)  a principal tenant who has been served with a notice under section 21
        and who has elected to quit and failed to do so or who has collected
        or attempted to collect rent from the sub-tenants of such premises in
        respect of a period subsequent to the expiration of a calendar month
        following the service of such notice; (Amended 11 of 1954 s. 5)

   (b)  a tenant who has been convicted of an offence against this Part or of
        using or suffering or permitting to be used the premises or any part
        thereof for an immoral or illegal purpose;

   (c)  a tenant who, except for a cause which the Tribunal shall deem
        sufficient to entitle the tenant to the continued protection of this
        Part being a cause not attributable either to his own default or to
        lack of means, fails to pay within 15 days after demand the
        permitted rent which has accrued due; (Replaced 22 of 1953 s. 14.
        Amended 29 of 1983 s. 9)

   (d)  a tenant who has failed to observe and perform any stipulation or
        condition of his tenancy agreement other than save as hereinafter
        provided a stipulation or condition imposing an obligation to vacate
        the premises;

   (e)  a tenant who has agreed to vacate the premises and who, in the opinion
        of the Tribunal, intended by such agreement to deprive himself of the
        protection against ejectment afforded by this Part;

   (f)  a person who became a tenant between 16 August 1945 and 23 May 1947
        upon the condition that he should vacate the premises on the return of
        the person who was the tenant before 25 December 1941 and who has
        neglected or refused so to vacate the premises upon receipt of notice
        from the landlord that such former tenant had returned to Hong Kong
        and that the premises were required for his use; (Amended 32 of 1985
        s. 6)

   (g)  a tenant who has given written notice to quit the premises and has
        failed to quit the same on the expiry of such notice;

   (h)  a tenant who has been guilty of conduct, or has suffered any person
        residing or lodging with him to be guilty of conduct, which is a
        nuisance or annoyance to the landlord or to other tenants or the
        occupiers of adjacent premises, or has persistently failed to keep his
        premises in a reasonably sanitary condition by reason of which failure
        the landlord has been required to comply with a notice served upon him
        under section 127 of the
        Public Health and Municipal Services Ordinance ( Cap 132); (Amended 10
        of 1986 s. 32(1))

   (i)  a tenant who obtained a tenancy by reason of being employed by his
        landlord and who has ceased to be in such employment;

   (j)  a tenant of land which has not been developed by the erection of
        buildings of a permanent character, which is required by a landlord
        for his own use or for the erection of buildings of a permanent
        character.

(2) No order for the recovery of possession of any premises from a tenant or
for the ejectment of a tenant of any premises shall be made under the
provisions of subsection (1)(c) unless it is established by the landlord to
the satisfaction of the Tribunal that the demand which the tenant has failed
to meet was for a sum of money not in excess of the permitted rent of the
premises. (Added 22 of 1953 s. 14)

(25 of 1947 s. 18 incorporated. Amended 76 of 1981 s. 20)