Full legislation
s.18
No surrender etc. of tenancy without approval
(1)
Subject to subsection (2), a tenant may agree to surrender or terminate his
tenancy.
(Replaced
53 of 1993 s. 13
)
(2)
An agreement mentioned in subsection (1) shall have no effect unless it
is—
(a)
in such form as the Commissioner shall approve;
(b)
endorsed by the Commissioner under subsection
(3
)(
c)
;
and
(c)
lodged with the Commissioner within 28 days of its execution, with such fee
as may be determined by the Financial Secretary.
(Replaced
53 of 1993 s. 13
)
(3)
The Commissioner or any public officer authorized by him in that
behalf—
(a)
shall satisfy himself that the
tenant—
(i)
in entering or proposing to enter into an agreement under this section
understands the effect of such agreement; and
(ii)
in signing or agreeing to sign such an agreement has not been subject
to any undue pressure or influence; and
(b)
may make such inquiries as he thinks fit for the purposes of paragraph (a);
and
(c)
shall, if satisfied as to the matters specified in paragraph (a), endorse
upon the agreement a certificate to that effect in such form as the Commissioner
shall, from time to time, specify.
(Amended
93 of 1975 s. 5
;
32 of 1985 s. 3
)
(4)
Nothing in subsection (3) shall be construed as imposing upon the Commissioner
or any public officer any duty to inquire into or be satisfied as to the
reasonableness or otherwise of the consideration specified in the
agreement.
(5)
Where, after the
commencement
*
of the Landlord and Tenant
(Consolidation) (Amendment) Ordinance 1973 (
64 of
1973
), an agreement is made for the surrender or termination of a tenancy
under subsection (1), the premises to which the agreement relates shall be excluded
from the further application of this Part.
(Added
64 of 1973 s. 2
)