Cap. 7activeordinance

Landlord and Tenant (Consolidation) Ordinance

業主與租客(綜合)條例

Full legislation

s.120AAZJ

Termination of regulated tenancy as sub-tenancy

(1)
This section applies
if—
(a)
a regulated tenancy for a subdivided unit is a sub-tenancy created out of
                    another tenancy; and
(b)
a superior landlord applies to the court for possession of the subdivided
                    unit (or any premises of which the subdivided unit forms part).
(2)
Before enforcing an order of the court for possession of the subdivided unit,
                the superior landlord must notify the tenant of the regulated tenancy
                        (
sub-tenant
) in writing in the way specified in subsection
                (3).
(3)
The superior landlord must, on 3 successive days, post the notice on the main
                door or entrance to the subdivided unit (or the premises of which the subdivided
                unit forms part).
(4)
A notice posted in accordance with subsection (3) is taken to be an effective
                notice served on the sub-tenant.
(5)
Leave to issue a writ of possession to enforce the order is not to be granted
                by the court before the expiry of a period of 60 days beginning on the day
                immediately after the last day on which the notice is posted under subsection
                (3).
(6)
Subsection (5) does not apply if the sub-tenant has delivered up vacant
                possession of the subdivided unit before the leave is granted.
(7)
In this
section—
superior landlord
(
上級業主
), in relation to a subdivided unit (or any premises of which the
                subdivided unit forms part), means a person (other than the landlord of the
                regulated tenancy) entitled to the immediate reversion of the subdivided unit (or
                the premises).