Landlord and Tenant (Consolidation) Ordinance

(1)
A landlord or tenant, or principal tenant or sub-tenant, of premises to which this Part applies may apply to the Commissioner in the specified form in duplicate for the tenancy, or sub-tenancy, to be excluded from the application of this Part.
(2)
An application under subsection (1) may be
made—
(a)
during the contractual period of the tenancy, or sub-tenancy (but not earlier than 12 months before the expiry of that period); or
(b)
during its continuation under
section 52(1)
.
(3)
An application under subsection (1) in relation to tenancy, or
sub-
tenancy, continuing under
section 52(1)
shall not be made—
(a)
within 12 months after the date on which an increase in rent (other than on account of improvements or an increase in rates) becomes effective; or
(b)
within 12 months after the date of service of a notice under subsection
(5
)(
b)
following an earlier application under this section.
(4)
Upon receipt of an application under subsection (1), the Commissioner shall serve a copy thereof on the other party and within 14 days of that service that party may make representations to the Commissioner.
(5)
The Commissioner shall consider any representations, determine any facts in dispute and
shall—
(a)
if he is satisfied that the current rent for the premises is not less than 77% of the prevailing market rent, issue a certificate approving the application and serve 1 copy on the landlord, or principal tenant, and 1 copy on the tenant, or sub-tenant; or
(b)
if he is not so satisfied, issue and serve a notice to that effect on the landlord, or principal tenant, and on the tenant, or sub-tenant.
(6)
Where the Commissioner approves the application under subsection (5), he shall state in his certificate a date upon which the tenancy, or sub-tenancy, shall be excluded from this Part; and, on that date, the tenancy shall, subject to subsection (8), be excluded from the application of this Part and Part IV shall apply to it.
(7)
The date mentioned in subsection (6) shall
be—
(a)
in a case where the application is made during the contractual period of the tenancy, or
sub-
tenancy, the date on which the Commissioner issues his certificate under subsection
(5
)(
a)
:
Provided that the Commissioner shall not issue that certificate earlier than 7 months before the expiry of the contractual period; or
(b)
in a case where the application is made during the continuation of the tenancy, or
sub-
tenancy, under
section 52(1)
and—
(i)
the current rent is not less than the prevailing market rent; or
(ii)
the rent has not been increased (other than on account of improvements or an increase in rates) during that continuation,
the date on which the Commissioner issues his certificate under subsection
(5
)(
a)
; or
(c)
in a case
where—
(i)
the application is made during the continuation of the tenancy, or sub-tenancy, under
section 52(1)
; and
(ii)
the current rent is less than the prevailing market rent; and
(iii)
the rent has been increased (other than on account of improvements or an increase in rates) during that continuation,
a date not more than 18
                    months
                    and not less than 17 months after the date on which that
                    increase became effective or, if there is more than 1 such increase, the date on
                    which the last such increase became
effective:
(Amended
E.R.
                            4 of 2020
)
Provided that, where a period of 18 months has elapsed since the date on which that increase or that last increase became effective, the date mentioned in subsection (6) shall be the date on which the Commissioner issues his certificate under subsection
(5
)(
a)
.
(8)
A certificate issued under subsection
(5
)(
a)
shall not
affect—
(a)
any proceedings under
section 53
commenced before the date of the issue of that certificate; or
(b)
any right to increase the rent under this Part following a proper notice served under
section 55
,
55A
,
56
,
63
or
63A
or a certificate issued by the Commissioner under
section 56A
or
58
before that date.
(9)
In this
section—
current
                    rent
(
現行租金
) means the rent, exclusive of rates,
                payable by the tenant, or sub-tenant at the date of the application under subsection
                    (1);
(Amended
E.R. 4
                        of 2020
)
prevailing
                    market
                rent
(
市值租金
) means the rent, exclusive of rates, at
                which the premises might reasonably be expected to be let on a term of 2 years at
                the date upon which the Commissioner issues his certificate or notice under
                subsection (5), on the terms of the tenancy, or sub-tenancy (other than those
                relating to rent and duration of the tenancy or sub-tenancy) but disregarding the
                effect of this Part.