Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 52

Continuation of tenancies

Continuation and Termination of Tenancies

(1) Where the contractual period of a tenancy or sub-tenancy, whether created
before, on or after 19 December 1981, is terminated by effluxion of time or by
the landlord or principal tenant, otherwise than by forfeiture, the tenancy or
sub-tenancy shall not, subject to subsection

(2), sections 52A and 53, come to an end during the continuance in force of
this Part. (Replaced 76 of 1981 s. 35. Amended 29 of 1983 s. 13)

(1A) During the continuation of the tenancy or sub-tenancy under subsection
(1), the contractual tenancy or sub-tenancy shall continue except to the
extent that the terms and conditions thereof are varied under, or are
inconsistent with, this Part. (Replaced 29 of 1983 s. 13)

(1B) During the continuation of the tenancy or sub-tenancy under subsection
(1), the landlord or principal tenant shall have no right to forfeiture,
re-entry or to obtain possession of the premises except as provided by
section 53. (Added 76 of 1981 s. 35)

(1C) A tenancy or sub-tenancy which, immediately before 19 December 1981, was
continuing under this Part shall be a tenancy or sub-tenancy continuing under
subsection (1). (Added 76 of 1981 s. 35)

(1D) A tenancy or sub-tenancy shall not continue under subsection

(1) where the tenant or sub-tenant delivers up vacant possession on
termination of the contractual period of the tenancy or sub-tenancy. (Added 76
of 1981 s. 35)

(2) Subject to section 50(4), a tenancy or sub-tenancy shall not by virtue of
this Part continue in existence after any change in the identity of the
tenant, principal tenant or sub-tenant which would terminate such tenancy or
sub-tenancy in law.

(3) In every tenancy and sub-tenancy there shall, in the absence of any
express covenant or condition, be implied a covenant to pay rent on the due
date and a condition for forfeiture for non-payment within 15 days of such
date.

(4) (Repealed 53 of 1993 s. 20)