Landlord and Tenant (Consolidation) Ordinance

(1)
If a tenant of premises with a rateable value not exceeding $100,000 at the
                time of an application for a warrant under this section is in arrears for 2 months
                and deserts the demised premises and leaves the same uncultivated or unoccupied, so
                as no sufficient distress can be had to countervail the arrears of rent, the court
                may, on the application of the lessor or landlord or his agent and on information
                upon oath, issue its warrant authorizing any bailiff to enter on the premises,
                breaking any doors, windows, or
gates, if
necessary; and, if the premises are found to be
                deserted with no sufficient distress therein, to place the same in charge of a
                bailiff and to affix a notice thereon, in a conspicuous place, that, unless cause to
                the contrary is shown before the court within 10 days, the premises will be given
                over to the applicant.
(Amended
37 of 1986 s. 6
;
32 of 2002 s. 5
)
(2)
If no such cause is shown, the court may, on proof of the fact of desertion, of
                non-payment of at least 2 months’ rent last due, of want of sufficient distress, and
                that the applicant is the lessor or landlord of the premises or entitled under this
                Part to a warrant, make an order directing a bailiff to put the applicant in
                possession of the premises, and the demise shall become void.
(3)
The Legislative Council may by resolution amend the sum mentioned in subsection
                    (1).
(Added
37 of 1986 s. 6
)
(
1 of 1883 s. 28
incorporated)
[cf. 1737 c. 19 s. 16 U.K.; 1817 c. 52 U.K.]