Cap. 7activeordinance

Landlord and Tenant (Consolidation) Ordinance

業主與租客(綜合)條例

Full legislation

s.21

Termination of principal tenancy

(1)
The immediate landlord of a principal tenant may by service of notice to quit
                in Form 2 in the
Second Schedule
and in manner specified in
section
                    44
terminate the tenancy of such tenant in accordance with the provisions
                of, and to the extent provided in, this section.
(2)
The length of notice given by the notice to quit aforesaid shall be either that
                required by the contract between the landlord and the principal tenant or in default
                of any term in the contract specifying the length of notice, one calendar month from
                the date of service thereof.
(3)
Upon the expiration of such notice to
quit—
(a)
each sub-tenant shall be deemed to be the tenant of the immediate landlord
                    and to hold the premises upon the same terms and conditions as he held them from
                    the principal tenant;
(b)
each sub-tenant affected thereby shall be liable to pay to the immediate
                    landlord on demand the permitted rent of the premises let to him under contract
                    with the principal tenant;
(c)
the immediate landlord shall undertake towards each sub-tenant all those
                    obligations undertaken by the principal tenant previous to service of notice
                    under subsection (1).
(4)
At any time within 14 days after the service of the notice to quit, the
                principal tenant may elect by notice in writing to the landlord to deliver up the
                whole of the premises subject to the tenancy or to retain any portion thereof
                retained, immediately before the service of the notice to quit, for his own
                occupation.
(5)
Where the principal tenant retains for his own occupation any part of the
                    premises the subject of his tenancy from the immediate landlord, he shall be
                    deemed to be the tenant of the immediate landlord in respect of the retained
                    part and to hold the same upon a monthly tenancy. The rent of the retained part
                    shall, subject to this Part, be such proportion of the rent of the whole of the
                    premises immediately before the expiration of the notice to quit as is fairly
                    attributable to the retained
part:
(Amended
53 of 1993 s. 14
)
Provided that in the event of any
                    dispute between the immediate landlord and the principal tenant as to the amount
                    of the rent payable by such principal tenant, such dispute may be referred to
                    and decided by the Commissioner.
(Amended
76 of 1981 s. 12
)
(6)
Notwithstanding anything in this Part, and in particular, the
                definition of
tenant
in
section 2
, a lessee of the Government who recovers by virtue of this
                section any premises to which this section relates shall be deemed to be an
                immediate landlord of his principal tenant for all the purposes of this section and
                shall have all the rights and obligations conferred and imposed by this section on
                an immediate landlord.
(Amended
29 of 1998 s. 105
;
E.R. 4 of
                    2020
)