Cap. 7activeordinance

Landlord and Tenant (Consolidation) Ordinance

業主與租客(綜合)條例

Full legislation

s.120AAZA

Sub-tenancy of same or longer term of superior tenancy

(1)
This section applies
if—
(a)
a regulated tenancy for a subdivided unit is (or purports to be) a
sub-
tenancy created out of another tenancy (
superior tenancy
)
                    entered into by—
(i)
the landlord of the superior tenancy as landlord (
superior
                                landlord
); and
(ii)
the landlord of the regulated tenancy as tenant
                            (
sub-landlord
); and
(b)
the term of the regulated tenancy provided under
Subdivision 1
expires at the same time as, or on a day later than, the expiry of the term
                    (being a fixed term) of the superior tenancy.
(2)
The regulated tenancy does not operate as an assignment of the superior tenancy
                by the sub-landlord to the tenant of the regulated tenancy
                (
sub-tenant
).
(3)
Despite subsection
(1
)(
b)
and without limiting subsection (5), the
                term of the regulated tenancy is to expire no later than the expiry of the term of
                the superior tenancy.
(4)
Subsection (3) does not affect any remedy that the sub-tenant may have for the
                revision of the term of the regulated tenancy.
(5)
If the term of the superior tenancy is extended or renewed by the superior
                landlord, the expiry of the term of the regulated tenancy would then be the earlier
                of the
following—
(a)
the expiry of the term of the superior tenancy as extended or
                    renewed;
(b)
the expiry of the term of the regulated tenancy.
(6)
The sub-landlord is treated as having a reversion expectant on the regulated
                tenancy even though the term of the regulated tenancy expires at the same time as
                the expiry of the term of the superior tenancy.