Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 64

Effective date for increases

(1) No increase in rent in any tenancy pursuant to a certificate under
section 58 or 59 or to an order of the Tribunal under section 60 or in any
sub-tenancy under section 62 shall take effect within a period of 2 years
from- (Amended 76 of 1981 s. 45)

   (a)  the date on which the rent of the tenancy or sub-tenancy was last
        increased, whether or not such increase was by agreement; or

   (b)  the date of the tenancy or sub-tenancy, whichever is the later.
        (Replaced 6 of 1980 s. 11)

(2)-(4) (Repealed 6 of 1980 s. 11)

(5) Where a tenancy or sub-tenancy was created after 18 December 1979 or, in
the case of a tenancy or sub-tenancy to which this Part applied immediately
before that date, at any time after 14 December 1973 or where the rent of a
tenancy or sub-tenancy has been increased under section 55 or pursuant to a
certificate under section 58 or 59 or an order of the Tribunal under
section 60, or under section 62 and the rent of the tenancy or sub-tenancy has
been increased or further increased pursuant to a certificate under section 58
or 59 or an order of the Tribunal under section 60, or under section 62, no
order shall be made for the recovery of any increased rent or for the recovery
of possession for non-payment thereof unless the landlord or principal tenant
satisfies the court that 2 years has or will have elapsed between the
commencement of the tenancy or sub-tenancy or the previous increase in rent
and the date on which the increase or further increase takes effect. (Amended
6 of 1980 s. 11; 76 of 1981 s. 45)

(6) For the purposes of this section rent shall, until the contrary is proved,
be deemed to have been increased if the tenant or sub-tenant has made any
payments, other than rates, to the landlord or the principal  tenant, and such
additional payments have been made as a condition of the right to occupation
of the premises.

(7) Any increase in rent under section 55A or 63A shall not be an increase in
rent for the purposes of this section. (Added 29 of 1983 s. 22)