Landlord and Tenant (Consolidation) Ordinance

(1)
A landlord and tenant, or principal tenant and sub-tenant, of premises to which this Part applies may apply jointly to the Commissioner in the specified form in triplicate for the tenancy, or sub-tenancy, to be excluded from the application of this Part.
(2)
An application under subsection (1) may be made during the contractual period of the tenancy, or sub-tenancy, or during its continuation under
section 52(1)
and shall be lodged with the Commissioner within 28 days of its execution.
(3)
The Commissioner
shall—
(a)
if he is satisfied that the tenant, or sub-tenant, understands the effect of the exclusion of the tenancy, or sub-tenancy, from this Part and has not been subject to any undue pressure or influence, endorse his approval on copies of the application and serve a copy on each of the applicants; or
(b)
if he is not so satisfied, serve a notice to that effect on each of the applicants.
(4)
Where an application is endorsed under subsection
(3
)(
a)
, the tenancy, or sub-tenancy, to which the application relates shall be excluded from the application of this Part and Part IV shall apply to it with effect from a future date specified in the application by the applicants or, if no such date is specified, from the date of that endorsement.
(5)
Where an application is endorsed under subsection
(3
)(
a)
, that application shall
constitute—
(a)
a discontinuance by an applicant of any proceedings under
section 53
for possession of the premises to which that application relates; and
(b)
a waiver by an applicant to any right to increase the rent under this Part in relation to the premises to which that application relates.
(6)
The applicants may in the specified form specify the terms of the tenancy, or sub-tenancy, to which Part IV shall apply and the lodging of the application under this section shall be sufficient compliance with
section 119L
.