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(Repealed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.]