Cap. 7activeordinance

Landlord and Tenant (Consolidation) Ordinance

業主與租客(綜合)條例

Full legislation

s.24

Landlord may enter and effect necessary repairs

(1)
A landlord and his servants and agents
may—
(a)
at all reasonable times, enter and inspect the premises the subject of the tenancy with a view to ascertaining whether they require any necessary repairs; and
(b)
after service upon the tenant of 14 days’ notice in writing of intention so to do, enter upon the premises the subject of the tenancy and effect all necessary repairs.
(2)
For the purposes of this section,
necessary
                    repairs
(
必需的修茸
) means any repairs which the tenant
                would be required to perform were he under covenant with the landlord to keep the
                premises in a tenantable state of repair.
(3)
The Tribunal on the application of a tenant or a landlord
may—
(a)
determine any dispute or difference between a tenant and a landlord as to the construction and application of this section;
(b)
decide whether any repairs which the landlord proposes to execute are necessary repairs;
(c)
order a tenant for such period as to the Tribunal may appear reasonable to vacate the premises the subject of the tenancy or part thereof to facilitate the execution of necessary repairs, and in its discretion grant any extension of such period;
(d)
order the ejectment of a tenant who, in the opinion of the Tribunal, has unreasonably refused to allow the landlord to enter the premises the subject of the tenancy or any part thereof for the purpose of effecting any necessary repairs or in order to ascertain whether there are necessary repairs to be effected;
(e)
order the tenant to suffer the landlord and his servants and agents to enter upon the premises the subject of the tenancy or part thereof for the purpose of executing all necessary repairs, or in order to ascertain whether there are any necessary repairs to be effected, and give any direction which may appear to it to be desirable with regard to the manner and times in which and at which the repairs are to be effected;
(f)
order that in respect of any period during which the premises the subject of the tenancy have been reasonably vacated by the tenant to facilitate the execution of necessary repairs, the permitted rent shall abate by such proportion as the period during which the tenant has so vacated the premises bears to the concurrent period or periods in respect of which rent is payable; or
(g)
order restoration of possession to a tenant entitled to such possession by virtue of subsection (4).
(4)
A tenant who in order to facilitate the execution of necessary repairs vacates the premises the subject of the tenancy or part thereof whether of his own volition or at the request of the landlord or pursuant to an order of the Tribunal shall not be deemed to have lost possession thereof unless the Tribunal has ordered his ejectment under subsection
(3
)(
d)
, and shall be entitled to have possession restored to him (as soon as conveniently may be after the repairs have been effected), and the Tribunal is hereby empowered upon application by the tenant to make an order that possession be restored to the tenant.