Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 56

Increase in rent on account of rates

(1) Where-

   (a)  a landlord bears the rates in respect of any premises the subject of a
        tenancy and there is an increase in the amount of rates payable; or

   (b)  rates are imposed in respect of any such premises and the landlord
        bears those rates, the landlord may, subject to subsection (2),
        increase the amount of rent payable by the tenant of those premises by
        the amount of the increase in rates or by the amount of the rates
        imposed, as the case may be.

(1A) For the purpose 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. 19)

(2) Where the amount of rent 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 landlord on the tenant, specifying the increase
and the date from which it is to take effect.

(3) The date specified in a notice of increase under subsection (2) shall not
be earlier than-

   (a)  the date from which the increased rates or the rates imposed, as the
        case may be, are payable; or

   (b)  24 months prior to the date of service of the notice, whichever is the
        later. (Replaced 29 of 1983 s. 19) (Replaced 10 of 1975 s. 9)