Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 9B

Alterations in rent by agreement

(1) Subject to subsection (2), there shall be payable and recoverable by way
of rent of premises to which this Part applies such amount as may be agreed
between the landlord and tenant.

(2) Where an alteration in rent is agreed between a landlord and a tenant the
landlord shall lodge with the Commissioner a notice of the alteration in rent
in triplicate in the specified form signed by both the landlord and tenant.

(3) A notice under subsection (2) is not valid unless-

   (a)  it is signed by the tenant not earlier than 1 month before the date on
        which it is lodged with the Commissioner and the alteration of rent to
        which it relates takes effect neither earlier than 1 month before, nor
        later than 6 months after, the date on which the notice is so lodged;
        or

   (b)  the notice is endorsed by the Commissioner, the application for which
        endorsement shall be accompanied by a fee of $500, to the effect that
        he is satisfied that the tenant understands the effect of the
        alteration in rent and has not been subject to any undue pressure or
        influence.

(4) Where a notice is lodged with the Commissioner under subsection

(2), he shall record the agreement concerning the alteration in rent and shall
endorse on 2 copies of the notice a statement to that effect and shall return
1 copy to the landlord and 1 copy to the tenant.

(5) Where there is an increase in rent under an agreement mentioned in
subsection (2), a landlord shall not be entitled to maintain an action to
recover rent at the increased rate unless a valid notice mentioned in that
subsection is endorsed by the Commissioner under subsection (4).

(6) The security of tenure afforded to a tenant under section 48(3) shall
apply where the rent payable by the tenant is increased by agreement,
notwithstanding the failure of the landlord to lodge notice of it under
subsection (2).

(7) Subject to section 10H, the rent of premises payable and recoverable by
virtue of this section may be increased-

   (a)  by a further agreement to which this section applies;

   (b)  if the rent is less than the rent permitted under section  10 (1), by
        an increase made under section 10(1A)(a) or by virtue of a certificate
        under section 10E;

   (c)  under section 10(3) or (3AC) only if, after the alteration in rent is
        agreed under this section, the landlord incurs expenditure on
        improvements as set out in that section, in which case section 10(3A)
        shall apply only in respect of expenditure incurred on improvements
        after the time of that agreement;

   (d)  under section 10AA, 10B or 10C. (Added 53 of 1993 s. 6)