Cap. 7activeordinance

Landlord and Tenant (Consolidation) Ordinance

業主與租客(綜合)條例

Full legislation

s.52

Continuation of tenancies

(1)
Where the contractual period of a tenancy or sub-tenancy, whether created
                before, on or after 19 December 1981, is terminated by effluxion of time or by the
                landlord or principal tenant, otherwise than by forfeiture, the tenancy or
                sub-tenancy shall not, subject to subsection (2),
sections 52A
and
53
, come to an end during the continuance in force of this
                    Part.
(Replaced
76 of 1981 s. 35
. Amended
29 of 1983 s. 13
)
(1A)
During the continuation of the tenancy or sub-tenancy under subsection (1), the
                contractual tenancy or sub-tenancy shall continue except to the extent that the
                terms and conditions thereof are varied under, or are inconsistent with, this
                    Part.
(Replaced
29 of 1983 s. 13
)
(1B)
During the continuation of the tenancy or sub-tenancy under subsection (1), the
                landlord or principal tenant shall have no right to forfeiture, re-entry or to
                obtain possession of the premises except as provided by
section
                    53
.
(Added
76 of 1981 s. 35
)
(1C)
A tenancy or sub-tenancy which, immediately before 19 December 1981, was
                continuing under this Part shall be a tenancy or sub-tenancy continuing under
                subsection (1).
(Added
76 of 1981 s. 35
)
(1D)
A tenancy or sub-tenancy shall not continue under subsection (1) where the
                tenant or sub-tenant delivers up vacant possession on termination of the contractual
                period of the tenancy or sub-tenancy.
(Added
76 of 1981 s. 35
)
(2)
Subject to
section 50(4)
, a tenancy or sub-tenancy shall not by
                virtue of this Part continue in existence after any change in the identity of the
                tenant, principal tenant or sub-tenant which would terminate such tenancy or
                sub-tenancy in law.
(3)
In every tenancy and sub-tenancy there shall, in the absence of any express
                covenant or condition, be implied a covenant to pay rent on the due date and a
                condition for forfeiture for non-payment within 15 days of such date.
(4)
(Repealed
53 of 1993 s. 20
)