Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 63A

Increase in rent of sub-tenancy on account of improvements

(1) Where the rent of a tenancy has been increased under section  55A and a
sub-tenancy has been created out of that tenancy, the principal  tenant may,
subject to subsection (3), increase the rent payable by the sub-tenant by such
appropriate amount as may be agreed between them.

(2) In the absence of any agreement between the principal tenant and his
sub-tenant under subsection (1), the Commissioner may, on an application in
the specified form, determine the amount by which the rent payable by the
sub-tenant is to be increased, and after any such determination, shall serve a
notice of his determination on both parties. (Replaced 77 of 1988 s. 9)

(3) Where the rent payable by a sub-tenant is increased following a
determination of the Commissioner under this section the increase shall not
take effect except in pursuance of a notice of increase in the specified form
served by the principal tenant on the sub-tenant, specifying the increase and
the date from which it is to take effect.

(4) The date specified in a notice of increase under subsection (3) shall be
such date as shall be determined by the Commissioner.

(5) Where a principal tenant serves on a sub-tenant a notice of increase under
subsection (3), the principal tenant shall send a copy of that notice to the
Commissioner.

(6) Any person aggrieved by the determination of the Commissioner under
subsection (2) may, within 1 month of the service of the notice of
determination under subsection (2), appeal to the Tribunal which may make such
order thereon as it thinks fit. (Added 76 of 1981 s. 44. Amended 77 of 1988 s.
9) (Added 56 of 1976 s. 7. Amended 76 of 1981 s. 44)