Cap. 7activeordinance

Landlord and Tenant (Consolidation) Ordinance

業主與租客(綜合)條例

Full legislation

s.28

Commissioner may approve contracting out in certain circumstances

(1)
A landlord and a tenant or prospective tenant of any premises to which this
                Part applies may make a joint application to the Commissioner for his approval under
                subsection (3) of the terms of any tenancy agreement into which they propose to
                enter.
(2)
An application under subsection (1) shall be in the specified form in
                triplicate and shall be accompanied by a copy of the proposed agreement and such fee
                as may be determined by the Financial Secretary.
(Amended
32 of 1985 s. 4
)
(3)
Notwithstanding anything contained in this Part, the Commissioner shall, if he
                is satisfied in relation to the proposed
agreement—
(Amended
32 of 1985 s. 4
)
(a)
that the tenant or prospective tenant understands its effect;
(b)
that the tenant or prospective tenant in assenting to enter into such an
                    agreement has not been subject to any undue pressure or influence; and
(c)
that no sub-tenants are prejudiced thereby,
approve the proposed agreement and endorse the application submitted to him
                under subsection (1) with a statement to that effect and serve a copy thereof on the
                landlord and on the tenant or prospective tenant.
(4)
The Commissioner may make such inquiries as he thinks fit for the purposes of
                subsection (3) but nothing in subsection (3) or this subsection shall be construed
                as imposing on 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 the Commissioner approves the terms of a proposed agreement under
                subsection (3) the parties may execute a tenancy agreement in the terms so approved,
                notwithstanding anything in this Part.
(6)
Where an agreement is executed under subsection (5
)—
(a)
the landlord shall lodge a copy thereof with the Commissioner within 28
                    days of its execution; and
(Amended
40 of 1984 s. 9
)
(b)
the building or part thereof to which the agreement relates shall be
                    excluded from the further application of this Part notwithstanding the
                    termination or expiry of the agreement.