Landlord and Tenant (Consolidation) Ordinance

(1)
Save as otherwise provided in this section, this Part shall apply to every tenancy (which expression shall wherever it occurs in this Part include sub-tenancies unless the context otherwise requires) whether the same be effected orally or in writing and notwithstanding any provision in such tenancy, including any provision purporting specifically to exclude the provisions of this Part.
(2)
This Part shall not apply to the
following—
(a)
a tenancy for a fixed term of 3 years or more the agreement for which contains no provision for earlier determination of the same other than for breach of any of the provisions of the agreement or under a provision of the tenancy allowing forfeiture or determination following the destruction, or partial destruction, of or damage to the premises;
(Amended
40 of 1984 s. 36
)
(b)
a
tenancy—
(i)
of premises to which Part I applies; or
(ii)
of premises in respect of which there is in existence an order under
section 4
;
(Replaced
24 of 1980 s. 4
. Amended
29 of 1983 s. 45
)
(ba)
a tenancy to which Part II applies;
(Added
6 of 1980 s. 16
)
(c)
a tenancy to which Part IV applies;
(d)
a tenancy in respect of which a valid notice to quit was given prior to 14 April 1962, including a tenancy arising by reason of a tenant holding over in such circumstances;
(e)
a tenancy of land unbuilt on, but such a tenancy shall cease to be excluded so soon as there is built on the land in accordance with the provisions of the agreement for the tenancy any building of a permanent nature;
(f)
a tenancy of agricultural land, which expression shall have the meaning assigned to it by the Rating Ordinance (
Cap. 116
), including such a tenancy where there exists on the land any dwelling house occupied by persons working the land;
(g)
a tenancy where the landlord is the employer and the tenant is the employee in possession of the premises in accordance with the terms and conditions of his employment where such terms and conditions require him to vacate the accommodation upon ceasing to be so employed;
(h)
a tenancy held from the Government; and
(Amended
29 of 1998 s. 105
;
16 of 2004 s. 15
)
(i)
(Repealed
29 of 1983 s. 45
)
(j)
a tenancy authorized by the Commissioner under
section 53(7A
)(
a
)(
ii)
.
(Added
29 of 1983 s. 45
. Amended
16 of 2004 s. 15
)
(k)-(l)
(Repealed
16 of 2004 s. 15
)
(3)
This Part shall not apply to a tenancy in
writing—
(a)
for a fixed term not exceeding 1 year; and
(b)
which—
(i)
has been entered into for a period during which, or for most of which, the landlord will be absent from Hong Kong; or
(ii)
is in respect of premises which the landlord intends to rebuild and is for a period pending that rebuilding; or
(iii)
is in respect of premises normally occupied or intended to be occupied by the landlord but is temporarily surplus to his requirements; or
(iv)
is entered into in circumstances which are special having regard to the particular purposes of the landlord and the particular needs of the tenant.
(Replaced
40 of 1984 s. 36
)
(4)
A dispute as to whether a tenancy is excluded under subsection (3) shall be determined by the Commissioner in a summary manner on application in writing to him and the Commissioner shall cause notice of the determination to be served on the person who made the application.
(Replaced
32 of 2002 s. 29
)
(5)
Any public officer or class of public officer employed in the Rating and Valuation Department and authorized in writing in that behalf by the Commissioner may exercise the powers of the Commissioner under subsection (4).
(Added
40 of 1984 s. 36
)
(6)
Any person aggrieved by a determination under subsection (4) may, within 1 month of the service of the notice of the determination, appeal to the Tribunal against the determination and the Tribunal may make such order thereon as it thinks fit.
(Added
32 of 2002 s. 29
)