Landlord and Tenant (Consolidation) Ordinance

(1)
Where—
(a)
a principal tenant bears the rates in respect of any premises the subject of a sub-tenancy and after 31 March 1975 there is an increase in the amount of rates payable;
(b)
rates are imposed after 31 March 1975 in respect of any premises the subject of a sub-tenancy and the principal tenant bears those rates; or
(c)
the rent of a tenancy has been increased under
section 10AA
or
10B
and a sub-tenancy has been created out of that tenancy,
(Amended
39 of 1979 s. 10
)
the principal tenant may, subject to subsection (5), increase the amount of the rent
                payable by the
sub-
tenant by the amount of the increase in the rates
                or
                by the amount of the rates imposed, as the case may be, attributable to the premises
                the subject of the
sub-
tenancy.
(1A)
For the purposes of subsection
(1
)(
b)
, rates shall be deemed not to be imposed where rates become payable by reason only that the premises cease to be exempt from assessment to or payment of rates under
section 36
of the Rating Ordinance (
Cap. 116
).
(Added
29 of 1983 s. 5
)
(2)
Where subsection (1) applies in respect of any premises, a principal tenant may apply to the Commissioner in the specified form for a certificate under subsection (3).
(3)
On receipt of an application under subsection (2) the Commissioner shall make such apportionment or aggregation of the rates as he considers necessary to determine the amount of rates attributable to the premises the subject of the sub-tenancy and shall serve on the principal tenant and on the sub-tenant certificates in the specified form stating the amount by which the rent of the sub-tenancy may be increased.
(4)
Where the Commissioner has served a certificate under subsection (3), the rent of the sub-tenancy may, subject to subsection (5), be increased by the amount shown in the certificate.
(5)
Where the amount of rent of a sub-tenancy is increased 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 amount of the increase and the date from which it is to take effect.
(6)
The date specified in a notice of increase under subsection (5) shall be not earlier
than—
(a)
the date from which the increased rates or the rates imposed, as the case may be, are payable; or
(Replaced
29 of 1983 s. 5
)
(b)
the date on which the increase in rent of the principal tenancy on account of rates became payable; or
(c)
24 months prior to the date of service of the notice of increase on the sub-tenant,
whichever is the later.
(Amended
29 of 1983 s. 5
)