Cap. 7activeordinance

Landlord and Tenant (Consolidation) Ordinance

業主與租客(綜合)條例

Full legislation

s.117

Continuation of tenancies and grant of new tenancies

(1)-(2)
(Repealed
16 of 2004 s. 3
)
(3)
In the case of a tenancy entered into on or
                                                  after the commencement* of this
subsection—
(a)
if the tenancy does not contain a covenant
                                                  to pay the rent on the due date, then there shall
                                                  be implied in the
tenancy—
(i)
a covenant to pay the rent on the due
                                                  date; and
(ii)
a condition for forfeiture if that
                                                  implied covenant is broken by virtue of
                                                  non-payment of the rent within 15 days of the due
                                                  date;
(b)
if the
tenancy—
(i)
does contain a covenant to pay the rent
                                                  on the due date; but
(ii)
does not contain a condition for
                                                  forfeiture if that covenant is broken by virtue of
                                                  non-payment of the rent,
then there shall be implied in the
                                                  tenancy a condition for forfeiture if that
                                                  covenant is broken by virtue of
non-
payment of the
                                                  rent within 15 days of the due date;
(c)
if the tenancy does not contain a covenant
                                                  substantially to the effect that the tenant not
                                                  use, or suffer or permit the use of, the premises
                                                  or any part thereof for an immoral or illegal
                                                  purpose, then there shall be implied in the
tenancy—
(i)
a covenant that the tenant not use, or
                                                  suffer or permit the use of, the premises or any
                                                  part thereof for an immoral or illegal purpose;
                                                  and
(ii)
a condition for forfeiture if that
                                                  implied covenant is broken;
(d)
if the
tenancy—
(i)
does contain a covenant substantially to
                                                  the effect that the tenant not use, or suffer or
                                                  permit the use of, the premises or any part
                                                  thereof for an immoral or illegal purpose;
                                                  but
(ii)
does not contain a condition for
                                                  forfeiture if that covenant is broken,
then there shall be implied in the
                                                  tenancy a condition for forfeiture if that
                                                  covenant is broken;
(e)
if the tenancy does not contain a covenant
                                                  substantially to the effect that the tenant not
                                                  cause unnecessary annoyance, inconvenience or
                                                  disturbance to the landlord or to any other
                                                  person, then there shall be implied in the
tenancy—
(i)
a covenant that the tenant not cause
                                                  unnecessary annoyance, inconvenience or
                                                  disturbance to the landlord or to any other
                                                  person; and
(ii)
a condition for forfeiture if that
                                                  implied covenant is broken;
(f)
if the
tenancy—
(i)
does contain a covenant substantially to
                                                  the effect that the tenant not cause unnecessary
                                                  annoyance, inconvenience or disturbance to the
                                                  landlord or to any other person; but
(ii)
does not contain a condition for
                                                  forfeiture if that covenant is broken,
then there shall be implied in the
                                                  tenancy a condition for forfeiture if that
                                                  covenant is broken;
(g)
if the tenancy does not contain a covenant
                                                  substantially to the effect that the tenant not
                                                  make any structural alteration to, or suffer or
                                                  permit any structural alteration to, the premises
                                                  without the prior written consent of the landlord,
                                                  then there shall be implied in the
tenancy—
(i)
a covenant that the tenant not make any
                                                  structural alteration to, or suffer or permit any
                                                  structural alteration to, the premises without the
                                                  prior written consent of the landlord;
                                                  and
(ii)
a condition for forfeiture if that
                                                  implied covenant is broken; and
(h)
if the
tenancy—
(i)
does contain a covenant substantially to
                                                  the effect that the tenant not make any structural
                                                  alteration to, or suffer or permit any structural
                                                  alteration to, the premises without the prior
                                                  written consent of the landlord; but
(ii)
does not contain a condition for
                                                  forfeiture if that covenant is broken,
then there shall be implied in the
                                                  tenancy a condition for forfeiture if that
                                                  covenant is broken.
(Added
32 of 2002 s. 11
)
(4)
For the avoidance of doubt, it is hereby
                                                  declared that, for the purposes of subsection
(3
)(
b
)(
ii)
,
(d
)(
ii)
,
(f
)(
ii)
or
(h
)(
ii)
, a
                                                  tenancy mentioned in that subsection which
                                                  contains a condition for forfeiture which may not
                                                  be exercised solely on the ground mentioned in
                                                  that subsection is, notwithstanding that, still a
                                                  tenancy which contains a condition for forfeiture
                                                  mentioned in that subsection.
(Added
32 of 2002 s. 11
)
(5)
It is hereby declared
that—
(a)
subsection
(3
)(
a)
and (b)
                                                  shall have effect subject to
section
                                                  58(4)
and (10) of the Conveyancing and
                                                  Property Ordinance (
Cap.
                                                  219
) (and notwithstanding subsection (14) of
                                                  that section);
(b)
subsection
(3
)(
c)
, (d), (e),
                                                  (f), (g) and (h) shall have effect subject to
section 58(1)
to (13) of the
                                                  Conveyancing and Property Ordinance (
Cap. 219
) (and
                                                  notwithstanding subsection (14) of that
                                                  section);
(c)
for the purposes of subsection
(3
)(
e)
and (f), the persistent delay of
                                                  payment of rent is unnecessary annoyance,
                                                  inconvenience or disturbance.
(Added
32 of 2002 s. 11
)
[cf. 1954 c. 56 s. 24
                                                  U.K.]