Landlord and Tenant (Consolidation) Ordinance

(1)
Where the landlord of any premises incurs expenditure of $5,000 or more on improvements to such premises, the landlord may, subject to subsection (2), increase the rent payable in respect of those premises by 20% per annum of the amount expended on the improvements.
(2)
Where rent is increased under this section the increase shall not take effect except in pursuance of a notice of increase in the specified form served by the landlord on the tenant, specifying the increase and the date from which it is to take effect.
(3)
The date specified in a notice of increase under subsection (2) shall be not earlier than the first day when rent becomes due after the expiry of one month from the service of the notice.
(4)
Where the landlord of any premises incurs expenditure of $5,000 or more on improvements to such premises and those premises comprise 2 or more tenements then the amount expended shall be apportioned between the tenements and the rent payable in respect of any tenement may be increased in accordance with this section by reference to the part of the expenditure apportioned to it.
(5)
Subject to subsection (6), in determining the amount of expenditure incurred on improvements expenditure incurred in the 6 months immediately prior to the date of service of the notice of increase under subsection (2) may be aggregated.
(6)
No account shall be taken
of—
(a)
(i)
in the case of a tenancy of premises to which this Part applied prior to 18 December 1979, expenditure incurred prior to 9 July 1976;
(ii)
in any other case, expenditure incurred prior to 18 December 1979;
(Replaced
6 of 1980 s. 8
)
(b)
expenditure in respect of which an increase in rent has previously been made under this section.
(7)
Where a landlord serves on a tenant a notice of increase under subsection (2), the landlord shall send a copy of that notice to the Commissioner.
(8)
A tenant on whom a notice of increase in rent is served under this section may, not later than one month after the service of the notice, apply to the Tribunal for an order cancelling or reducing the increase on the
ground—
(a)
that the improvement was
unnecessary:
Provided that where the premises the subject of the improvement comprise 3 or more tenements and more than two-thirds of the tenants of those premises (other than sub-tenants) have consented in writing to the improvement, the improvement shall be deemed to be necessary;
(b)
that a greater amount was expended on the improvement than was reasonable; or
(c)
where the increase follows an apportionment under subsection (4), that the apportionment was unreasonable,
and the Tribunal may make an order accordingly.
(Amended
76 of 1981 s. 40
)
(9)
In this
section—
improvement
(
改善
) includes structural alteration,
                extension or addition and the provision of additional fixtures and fittings, but
                does not include anything done by way of decoration or repair;
landlord
(
業主
) includes principal tenant;
tenant
(
租客
) includes sub-tenant.