Full legislation
s.10
Permitted increases and adjustments
(1)
Subject to
section 9A
but without prejudice to
section 9B
,
there shall be payable and recoverable by way of rent of premises to which this Part
applies the following
amounts—
(a)
in respect of any period before 1 July 1994, an amount equal to 55 times
the standard rent of the premises or 60% of the prevailing market rent of the
premises, whichever is the greater;
(b)
in respect of any period after 30 June 1994 and before 1 July 1995, an
amount equal to 65 times the standard rent of the premises or 70% of the
prevailing market rent of the premises, whichever is the greater;
(c)
in respect of any period after 30 June 1995 and before 1 July 1996, an
amount equal to 75 times the standard rent of the premises or 80% of the
prevailing market rent of the premises, whichever is the greater;
(d)
in respect of any period after 30 June 1996, an amount equal to 85 times
the standard rent of the premises or 90% of the prevailing market rent of the
premises, whichever is the greater.
(Replaced
53 of 1993 s. 7
)
(1A)
If at any date within the period specified in paragraph (a), (b), (c) or (d) of
subsection (1) the rent of any premises is less than the rent permitted under that
paragraph, the landlord
may—
(a)
subject to
section 10H
and subsections (1B) and (1C), by serving
on the tenant on that date a notice in the specified form, increase the rent to
an amount equal to the multiple of the standard rent of the premises specified
in that paragraph; or
(b)
on that date apply to the Commissioner in the specified form for a
certificate under
section 10D
.
(Replaced
53 of 1993 s. 7
)
(1B)
Any increase in rent under subsection
(1A
)(
a)
shall take effect not
earlier than the first day when rent becomes due after the expiration of one month
from the service of the notice.
(Added
93 of 1975 s. 3
. Amended
53 of 1993 s. 7
)
(1C)
Where a landlord serves a notice on the tenant under subsection
(1A
)(
a)
he shall, at the same time, send a copy of the notice to the
Commissioner.
(Added
93 of 1975 s. 3
. Amended
39 of 1976 s. 6
;
53 of 1993 s. 7
)
(2)
Where as part of the tenancy agreement furniture is provided for the use of the
tenant, the references in subsection (1) to an amount equal to a multiple of the
standard rent of the premises shall be treated as references to such an amount plus
such a charge for the use of that furniture (whether expressed by way of rent or
otherwise) as, having regard to the value of that use to the tenant, is
reasonable:
But this subsection shall not apply until the landlord has specified by notice
in writing to the tenant the consideration (whether by way of rent or otherwise)
that he attributes to the furniture.
(Replaced
53 of 1993 s. 7
)
(3)
Where the landlord of any premises incurs expenditure of $5,000 or more on
improvements to such premises, the landlord may increase the rent payable in respect
of those premises by 20% per annum of the amount expended on the
improvements.
(Replaced
76 of 1981 s. 9
)
(3AA)
Where rent is increased under subsection (3), 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.
(Added
76 of 1981 s. 9
)
(3AB)
The date specified in a notice of increase under subsection (3AA) shall be not
earlier than the first day when rent becomes due after the expiry of one month from
the service of the notice.
(Added
76 of 1981 s. 9
)
(3AC)
Where the landlord of any premises incurs expenditure of $5,000 or more on
improvements to such premises and those premises comprise 2 or more tenements then
the amount expended shall be apportioned between the tenements and the rent payable
in respect of any tenement may be increased in accordance with this section by
reference to the part of the expenditure apportioned to it.
(Added
76 of 1981 s. 9
)
(3A)
In determining the amount of expenditure incurred on improvements, expenditure
incurred in the 6 months immediately prior to the date of service of the notice of
increase under subsection (3AA) may be aggregated.
(Replaced
76 of 1981 s. 9
)
(3B)
No account shall be taken
of—
(a)
expenditure incurred prior to the
commencement
*
of the Landlord and
Tenant (Consolidation) (Amendment) Ordinance 1976 (
56 of
1976
);
(b)
expenditure in respect of which an increase in rent has previously been
made under this section; or
(Added
56 of 1976 s. 2
. Amended
53 of 1993 s. 7
)
(c)
expenditure which has been taken into account when a certificate was issued
under
section 10E
.
(Added
53 of 1993 s. 7
)
(3BA)
Where a landlord serves on a tenant a notice of increase under subsection
(3AA), the landlord shall send a copy of that notice to the Commissioner.
(Added
76 of 1981 s. 9
)
(3BB)
A tenant on whom a notice of increase in rent is served under subsection (3AA)
may, not later than one month after the service of the notice, apply to the Tribunal
for an order cancelling or reducing the increase on the
ground—
(a)
that the improvement was
unnecessary:
Provided that where the
premises the subject of the improvement comprise 3 or more tenements and more
than two-thirds of the tenants of those premises (other than sub-tenants) have
consented in writing to the improvement, the improvement shall be deemed to be
necessary;
(b)
that a greater amount was expended on the improvement than was reasonable;
or
(c)
where the increase follows an apportionment under subsection (3AC), that
the apportionment was unreasonable,
and the Tribunal may make an order accordingly.
(Added
76 of 1981 s. 9
)
(4)
If the Commissioner is satisfied on the application of a landlord or tenant of
premises that the services and facilities which the landlord is liable to provide
under the tenancy agreement differ from those which the landlord was liable to
provide under the tenancy agreement by reference to which the standard rent was
ascertained, the Commissioner may adjust the standard rent accordingly and upon such
adjustment the rent substituted by the Commissioner shall be and become the standard
rent for the purposes of this Part but without prejudice to further adjustment under
this subsection or under other provisions of this Part.
(Amended
76 of 1981 s. 9
;
53 of 1993 s. 7
)
(5)
Nothing in this Part shall be taken to authorize any increase of rent in
respect of a period prior to 23 May 1947.
(6)
If any notice served for the purposes of subsection (1) contains any statement
or representation which is false or misleading in any material respect, the landlord
shall be liable on summary conviction to a fine
at
level 1 unless he proves that the statement was made innocently
and without intent to
deceive.
(Amended
E.R. 4
of 2020
)
(7)
Where the notice of an increase of rent which at the time was valid has been
served on any tenant, the increase may be continued without service of any fresh
notice on any subsequent tenant.
(8)
The Legislative Council may by resolution amend subsection (1) by substituting,
for the periods, multipliers and percentages specified in subsection (1), such
periods, multipliers and percentages as may be specified in the resolution.
(Replaced
53 of 1993 s. 7
)
(9)
In this
section—
improvement
(
改善
) includes structural alteration,
extension or addition and the provision of additional fixtures and fittings, but
does not include anything done by way of decoration or repair.
(Added
76 of 1981 s. 9
)