Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 51A

Transfer of tenancy to Part IV on joint application

(1) A landlord and tenant, or principal tenant and sub-tenant, of premises to
which this Part applies may apply jointly to the Commissioner in the specified
form in triplicate for the tenancy, or sub-tenancy, to be excluded from the
application of this Part.

(2) An application under subsection (1) may be made during the contractual
period of the tenancy, or sub-tenancy, or during its continuation under
section 52(1) and shall be lodged with the Commissioner within 28 days of its
execution.

(3) The Commissioner shall-

   (a)  if he is satisfied that the tenant, or sub-tenant, understands the
        effect of the exclusion of the tenancy, or sub-tenancy, from this Part
        and has not been subject to any undue pressure or influence, endorse
        his approval on copies of the application and serve a copy on each of
        the applicants; or

   (b)  if he is not so satisfied, serve a notice to that effect on each of
        the applicants.

(4) Where an application is endorsed under subsection (3)(a), the tenancy, or
sub-tenancy, to which the application relates shall be excluded from the
application of this Part and Part IV shall apply to it with effect from a
future date specified in the application by the applicants or, if no such date
is specified, from the date of that endorsement.

(5) Where an application is endorsed under subsection (3)(a), that application
shall constitute-

   (a)  a discontinuance by an applicant of any proceedings under section 53
        for possession of the premises to which that application relates; and

   (b)  a waiver by an applicant to any right to increase the rent under this
        Part in relation to the premises to which that application relates.

(6) The applicants may in the specified form specify the terms of the tenancy,
or sub-tenancy, to which Part IV shall apply and the lodging of the
application under this section shall be sufficient compliance with
section 119L. (Added 40 of 1984 s. 17)