Landlord and Tenant (Consolidation) Ordinance

(1)
Subject to subsections (3), (4) and (5), this Part, except
sections 6
and
7
, shall expire at midnight on 31 December 1998.
(Amended
L.N. 518 of 1996
)
(2)
The Legislative Council may by resolution amend subsection (1) by substituting for the date specified in that subsection such date as may be specified in the resolution.
(3)
If, within 1 year before the expiry of this Part under subsection (1
)—
(a)
an increase in the rent of any premises, other than an increase under
section 10(2)
, (3) or (3AC), 10AA, 10B or 10C, becomes effective;
(b)
a notice of an alteration in rent of any premises is lodged with the Commissioner under
section 9B(2)
;
(c)
the landlord of any premises serves notice of an increase in rent in accordance with
section 10(1A
)(
a)
or
10G(1)
; or
(d)
the Tribunal makes an order in respect of an appeal under
section 32(aa)
from a decision of the Commissioner under
section 10F
,
this Part, except
section 10D
, shall continue to apply to those premises for a period of 1 year from the date on which that increase or alteration becomes effective.
(4)
If, before this Part ceases to apply to any particular premises, the landlord or tenant of those premises serves and posts notice of his desire to obtain an order of the Tribunal under
section 4(2)
excluding the premises from the further application of this
Part—
(a)
section 4
shall continue to apply to that application notwithstanding this section; and
(b)
if an order is made under
section 4(2)
the tenancy of the premises shall be excluded from the application of Part IV.
(5)
If, before this Part ceases to apply to any particular premises, a tenant of those premises agrees in such form as the Commissioner shall approve to surrender or terminate his
tenancy—
(a)
that agreement may become effective under
section 18
notwithstanding this section;
                    and
(b)
if the agreement becomes
                    effective,
                    the tenancy shall be surrendered or terminated notwithstanding Part
                        IV.
(Amended
E.R.
                            4 of 2020
)
(6)
If, before this Part ceases to apply to any particular premises, an application is made under
section 33
,
35
or
36
for the recovery of possession of those premises or for the ejectment of a tenant or occupier of those
premises—
(a)
that section and
sections 34
,
37
,
38
,
39
,
40
,
43
and
43A
shall continue to apply to that application notwithstanding this section;
(b)
an order of the Tribunal under
section 33(1)
,
35(1)
or
36
shall take effect notwithstanding Part IV; and
(c)
any tenancy deemed to arise under
section 34
after this Part has ceased to apply to the premises shall be governed by Part IV.
(7)
Subject to subsections (4), (5) and (6), when by virtue of subsection (1) or (3) this Part ceases to apply to any particular premises, Part IV shall apply to the tenancy of those premises.