Full legislation
s.53
Termination of tenancies
(1)
A tenancy or
sub-
tenancy continuing under
section 52(1)
shall come to an end when—
(a)
the tenant or sub-tenant delivers up vacant possession of the premises;
(aa)
with effect after 18 December 1981, the tenant or sub-tenant of the premises enters into a tenancy or sub-tenancy mentioned in paragraph (n) of
section 50(6)
of the same premises;
(Added
29 of 1983 s. 15
)
(b)
an order of the Tribunal under subsection (2), (4A) or (4B) takes effect; or
(Amended
29 of 1983 s. 15
)
(c)
the tenancy out of which the
sub-
tenancy was created is itself
terminated:
Provided that upon such termination this Part shall apply to any tenancy arising under subsection (6A).
(Replaced
76 of 1981 s. 36
)
(1A)
Where a tenant or sub-tenant fails to give at least 1 month’s notice of his intention to deliver up vacant possession under paragraph (a) of subsection (1), the landlord or principal tenant shall be entitled to 1 month’s rent in place of such notice.
(Added
76 of 1981 s. 36
)
(2)
The Tribunal shall not make an order for possession of premises in respect of which there is a tenancy or
sub-
tenancy continuing under
section 52(1)
unless it is satisfied that—
(Amended
29 of 1983 s. 15
)
(a)
any rent lawfully due from the tenant or sub-tenant has not been paid or, where any covenant or condition of the tenancy or sub-tenancy has been broken or not performed, such breach or non-performance would, but for this Part, have been a cause of forfeiture;
(b)
the premises or any part thereof are reasonably required by the landlord or principal tenant
for occupation as a residence for himself, his father, his mother or any son
or daughter of his over the age of
18:
(Amended
29 of 1983 s. 15
)
Provided that the Tribunal shall not make an order by reason only that the circumstances of the case fall within this paragraph if—
(i)
in the case of a tenancy, the tenant satisfies the Tribunal that in all the circumstances of the case it would manifestly not be just and equitable to do so;
(ii)
in the case of a sub-tenancy, the Tribunal is satisfied having regard to all the circumstances of the case, including the question whether other accommodation is available for the principal tenant or the sub-tenant, greater hardship would be caused by granting the order than by refusing it;
(Replaced
6 of 1980 s. 5
)
(c)
the landlord or principal tenant intends to rebuild the premises;
(d)
the tenant or the
sub-
tenant has caused unnecessary annoyance,
inconvenience or disturbance to the landlord or the principal tenant or to
any other
person:
(Amended
39 of 1979 s. 14
)
Provided that no order
shall be made under this paragraph unless the Tribunal is satisfied that the
annoyance, inconvenience or disturbance had continued after a warning in
writing had been served by the landlord or principal tenant on the tenant or
sub-tenant causing the same;
(Amended
93 of 1975 s. 14
)
(e)
the
tenant—
(i)
in the case of a tenancy to which this Part applied immediately prior to 18 December 1979, has at any time after 14 December 1973; and
(ii)
in any other case, has at any time after 18 December 1979,
in breach of the contractual tenancy sublet the whole or any part of the premises of which he is the tenant;
(Replaced
6 of 1980 s. 5
)
(f)
the tenant or sub-tenant has used, or has suffered or permitted the use of, the premises of which he is the tenant or sub-tenant or any part thereof, for an immoral or illegal purpose;
(Added
6 of 1980 s. 5
)
(g)
the tenant or the sub-tenant has entered into an endorsed agreement mentioned in
section 52A
and has failed to deliver up vacant possession under that agreement; or
(Added
29 of 1983 s. 15
)
(h)
the tenant has sublet the whole or any part of the premises of which he is tenant and does not occupy any part of the premises as his dwelling.
(Added
29 of 1983 s. 15
)
(2A)
(a)
For the purposes of subsection
(2
)(
b)
—
landlord
or principal
tenant
(
業主或主租客
) includes one or more landlords
or principal tenants, holding the premises jointly or in common, with the other
landlord or landlords or principal tenant or tenants so holding assenting to an
order for
possession;
(Amended
E.R.
4 of 2020
)
his
father, his mother or any son or daughter of
his
(
其父親
、
母親
、
兒子或女兒
) includes the father,
mother, son or daughter of one or more landlords or principal tenants, holding
the premises jointly or in common, with the other landlord or landlords or
principal tenant or tenants so holding assenting to an order for
possession.
(Added
29 of 1983 s. 15
. Amended
E.R. 4 of
2020
)
(b)
For the purpose of subsection
(2
)(
d)
, a tenant or sub-tenant who persistently fails to pay rent as and when it falls due may be regarded as causing unnecessary inconvenience to the landlord or principal tenant, as the case may be.
(Added
39 of 1979 s. 14
)
(3)
For the purposes of subsection
(2
)(
e)
or
(2
)(
h)
, where a landlord establishes a prima facie case that there has been an apparent change in the occupancy of the premises or of any part thereof, the tenant shall be deemed to have sublet such premises or such part unless he satisfies the Tribunal to the contrary.
(Amended
29 of 1983 s. 15
)
(4)
(a)
An order for possession under subsection (2) shall take effect on such
date as the Tribunal may
order:
Provided that—
(i)
in a case where a person acquires a right which, but for
section 52
and this section, would entitle him to occupy
premises which are subject to a tenancy or sub-tenancy and the Tribunal
makes an order for possession on the grounds mentioned in subsection
(2
)(
b)
before the expiry of a period of 12 months from
the date of the acquisition, the Tribunal shall not make the order to
take effect either earlier than 12 months or later than 18 months from
the date of the acquisition; and
(ii)
in any other case, the Tribunal shall not make an order for
possession to take effect later than 6 months from the date of the
order.
(b)
Subparagraph (i) of paragraph (a) shall not have effect in relation to a
case where a person entered into an enforceable contract to acquire the right
mentioned in that paragraph before 19 June 1981; and in that case subparagraph
(ii) of paragraph (a) shall apply.
(c)
When making an order for possession under subsection (2), the Tribunal may
also order the payment of rent or mesne profits.
(Replaced
52 of 1981 s. 5
)
(d)
When making an order for possession under subsection
(2
)(
b)
, the
Tribunal shall specify the name of the person for whose occupation it is
satisfied the premises are required.
(Added
29 of 1983 s. 15
)
(4A)
Subject to subsection
(2
)(
b)
, where an application for an order for possession is made on the ground mentioned in that subsection and the Tribunal is satisfied that only part of the premises is reasonably required, the Tribunal
shall—
(a)
in a case where any tenant or
sub-
tenant is willing to remain in possession of the remainder of the premises in terms of an order made under subparagraph (ii
)—
(i)
make an order for possession of such part of the premises as the Tribunal thinks fit having regard to those reasonable requirements and all the circumstances of the case; and
(ii)
make such orders under subsection (4B) in relation to the remainder of the premises as it thinks fit; or
(b)
in any other case, make an order for possession of the whole of the premises.
(Added
29 of 1983 s. 15
)
(4B)
Notwithstanding subsections (5), (6) and (6A), where the Tribunal makes an order for possession under subsection (4A) in relation to only part of the premises, it may, in relation to the remainder of the
premises—
(a)
apportion that remainder for occupation by the tenant and any sub-tenant, by the tenant alone or by any sub-tenant alone as may be just and equitable;
(b)
having regard to the terms and conditions of the existing tenancy or sub-tenancy and subsection
(6B
)(
b)
, fix the terms and conditions of the tenancy or sub-tenancy under which the remainder apportioned under paragraph (a) shall be occupied.
(Added
29 of 1983 s. 15
)
(5)
Where a tenant has, in breach of the contractual tenancy, sublet the whole or any part of the premises, an order for possession of the premises under subsection (2) against the tenant shall also operate as an order for possession against the sub-tenant whether or not that sub-tenant is a party to the proceedings in which that order is granted.
(Replaced
76 of 1981 s. 36
. Amended
40 of 1984 s. 19
)
(6)
Where a tenant has, without breach of the contractual tenancy, sublet the whole or any part of the premises, the Tribunal shall not make any order for possession under subsection (2) against the
sub-
tenant
unless—
(a)
the Tribunal makes the order on the ground mentioned in paragraph (b) or (c) of subsection (2); or
(b)
the Tribunal is satisfied that, if the application had been by the tenant for an order for possession against the sub-tenant, the tenant would have been entitled to such an order.
(Replaced
76 of 1981 s. 36
)
(6A)
Where the Tribunal makes an order for possession against the tenant but does not make an order for possession against a
sub-
tenant to whom the premises or any part has been sublet, the
sub-
tenant shall become the tenant of the landlord on the same terms, subject to this Part, as the
sub-
tenant held from the principal
tenant:
Provided that, where a part only of the premises would remain in the possession of a sub-tenant or sub-tenants if an order were made under this subsection, the Tribunal, on the application of the landlord, shall either, order the sub-tenant or the sub-tenants jointly to accept a tenancy of the whole premises on the same terms, subject to this Part, as the principal tenant held from the landlord or make an order for possession of the whole premises.
(Added
76 of 1981 s. 36
)
(6B)
(a)
Any tenancy or sub-tenancy arising under subsections (4A) and (4B) or subsection (6A) shall be a tenancy or sub-tenancy to which this Part applies and which is continuing under
section 52(1)
.
(b)
Where a sub-tenant becomes the tenant of a landlord under subsections (4A) and (4B) or subsection (6A), any subletting on or after 10 June 1983 under that tenancy by that tenant, without the written permission of the landlord, shall be in breach of the contractual tenancy.
(c)
For the purposes of
section 64
, the date of a tenancy or sub-tenancy arising under subsections (4A) and (4B) shall be the date of the order of the Tribunal.
(d)
Section 64
shall have effect in relation to a tenancy arising under subsection (6A) as it would have had effect in relation to the sub-tenancy from the principal tenant if that sub-tenancy had continued.
(Added
29 of 1983 s. 15
)
(6C)
(a)
Where a landlord believes that a tenant may have, without breach of the contractual tenancy, sublet the whole or any part of the premises and the landlord is unable, with reasonable diligence, to ascertain the identity of any such sub-tenant, the Tribunal may, on an ex parte application by the landlord, make an order calling upon any sub-tenant to give notice to the landlord of his interest in the premises and may give directions regarding the service of that order.
(b)
Where any sub-tenant fails, within the period specified in the order mentioned in paragraph (a), to give notice to the landlord of his interest in the premises, the Tribunal may, when it makes an order for possession of the premises against the tenant, also make an order for possession against any sub-tenant.
(Added
40 of 1984 s. 19
)
(7)
Subject to subsection (7A), a
person—
(a)
who has obtained an order for possession of premises under subsection
(2
)(
b)
or (c) shall not for a period of 24 months after the date of that
order—
(i)
let the premises or any part thereof; or
(ii)
assign, transfer or part with possession of the premises or any part thereof except, in a case of an order for possession under subsection
(2
)(
c)
, where the assignment, transfer or parting with possession is solely to facilitate the rebuilding of the premises; and
(b)
who has obtained an order for possession under subsection
(2
)(
b)
shall not for a period of 24 months after the date of that order use, or allow the use of, the premises or any part thereof other than as a residence for the person for whose occupation the Tribunal was satisfied the premises were required under that subsection.
(Replaced
29 of 1983 s. 15
)
(7A)
(a)
Where an applicant has obtained an order for possession under subsection
(2
)(
b)
or (c
)—
(i)
the Tribunal may authorize him to let, assign, transfer or part with possession of the premises or any part thereof or use, or allow the use of, the premises or any part thereof other than as a residence for the person for whose occupation the Tribunal was satisfied the premises were required under subsection
(2
)(
b)
; and
(ii)
the Commissioner may, on an application accompanied by such fee as may be determined by the Financial Secretary, authorize the applicant to let the premises or any part thereof for a particular purpose and for a term not exceeding 1 year or to use, or allow the use, of for a period not exceeding 1 year, the premises or any part thereof for a particular purpose other than as a residence for the person for whose occupation the Tribunal was satisfied the premises were required under subsection
(2
)(
b)
.
(Amended
29 of 1983 s. 15
;
32 of 1985 s. 12
)
(b)
The Tribunal or Commissioner, when granting an authority under paragraph (a) to let, shall specify the terms, including the rent, on which the premises or the part may be
let:
Provided that the rent shall not be more than that payable by the tenant or sub-tenant last in possession.
(Replaced
76 of 1981 s. 36
)
(7B)
Without prejudice to subsection (8), a
person who contravenes subsection (7) commits an offence and is liable on conviction on indictment to a fine of $500,000 and in addition, on a second or subsequent conviction, to imprisonment for 12 months, and in any case to forfeit a sum not exceeding the equivalent
of—
(a)
in the case of a contravention of subsection
(7
)(
a
)(
i)
, 2 years’ rent calculated at the rate at which the premises were let without the authority of the Tribunal or the Commissioner; or
(b)
in the case of a contravention of subsection
(7
)(
a
)(
ii)
, the difference at the date of the contravention between the market value of the premises with vacant possession and the market value of the premises with the former tenant or sub-tenant in possession.
(Added
6 of 1980 s. 5
. Amended
29 of 1983 s. 15
)
(7C)
Any court which sentences a person for an offence under subsection (7B) may, in addition to imposing a penalty under that subsection, make an order under subsection (8) after hearing the former tenant or sub-tenant and the defendant.
(Added
6 of 1980 s. 5
)
(7D)
(Repealed
29 of 1983 s. 15
)
(7E)
A letting, assignment, transfer or parting with possession of premises or any part thereof shall not be void, voidable or unenforceable by reason only of a contravention of subsection (7).
(Added
76 of 1981 s. 36
)
(7F)
Where, in an application for possession of premises under subsection (2), the applicant alleges a ground mentioned in paragraph (b) or (c) of subsection (2)
and—
(a)
an order for possession is granted with the consent of the tenant or sub-tenant; or
(b)
the application does not proceed and the tenant or sub-tenant consents to deliver up vacant possession of the premises,
the applicant shall be
deemed, for the purposes of subsections (7), (7G) and (8), to have obtained an order for possession under paragraph (b) or (c) of subsection (2); and, in a case mentioned in paragraph (b) of this subsection and for the purposes of fixing the commencement of the period mentioned in subsection (7), the date of the order shall be deemed to be the date upon which the application for possession is issued from the Tribunal.
(Added
76 of 1981 s. 36
)
(7G)
Any applicant who has obtained an order for possession under paragraph (b) or (c) of subsection (2) shall be presumed, until the contrary is shown, to have knowledge of that order, of the application for possession, of the grounds alleged upon which the order was obtained, of the outcome of the application and of any consent given by the tenant or sub-tenant in connection with the order or the delivery of vacant possession.
(Added
76 of 1981 s. 36
)
(8)
Where a landlord or principal tenant has obtained an order for possession of the premises under subsection (2) and it is subsequently made to appear to the Tribunal that the order was obtained by the misrepresentation or concealment of material facts or where such landlord or principal tenant is shown to have acted in contravention of subsection (7), the Tribunal or, as the case may be, the court referred to in subsection (7C) may order the landlord or principal tenant to pay to the former tenant or sub-tenant such sum as it thinks fit by way of compensation for damage or loss sustained by that tenant or sub-tenant as a result of the order.
(Amended
32 of 1985 s. 12
)
[cf. 1968 c. 23 s. 19 U.K.]
(9)
Where a tenant or sub-tenant successfully opposes an order for possession of the premises under subsection (2) and it is subsequently made to appear to the Tribunal that the opposition was successful by reason of the misrepresentation or concealment of material facts, the Tribunal may order the tenant or sub-tenant to pay to the landlord or principal tenant such sum as it thinks fit by way of compensation for damage or loss sustained by the landlord or principal tenant as a result of that opposition.
(Added
76 of 1981 s. 36
)