Landlord and Tenant (Consolidation) Ordinance

(1)
Where a landlord applies for a certificate under
section 57
, the Commissioner
shall—
(a)
if satisfied that the prevailing market rent exceeds the current rent paid by the tenant, issue free of charge and serve on the landlord and on the tenant certificates in the specified form stating the amount, as ascertained in accordance with subsection (2), by which the current rent may be increased; or
(b)
if not satisfied that the prevailing market rent exceeds the current rent paid by the tenant, issue free of charge and serve on the landlord and on the tenant certificates in the specified form to that effect,
and he may endorse on the certificates such matters as he thinks proper relating to such application, which, in the case of a dispute as to facts, shall include the Commissioner’s determination thereof under
section 57(6)
.
(Amended
5 of 1975 s. 2
;
29 of 1983 ss. 20
& 46)
(2)
The amount mentioned in subsection
(1
)(
a)
shall
be—
(a)
the difference between the prevailing market rent and the current rent;
                    or
(b)
20% of the current rent,
(Amended
L.N. 519 of
                            1996
)
whichever is the
lesser:
Provided that if, on the date that
                the Commissioner receives the application under
section 57
, the sum of
                the amount so ascertained and the current rent is less than the percentage of the
                prevailing market rent specified below in relation to the period within which that
                date falls, the amount shall be the difference between that percentage of the
                prevailing market rent and the current
                rent.
Period
Percentage of
                                prevailing
market rent
Before 1
                                July 1994
75
After 30
                                June 1994 and
                                before
                                1 July 1995
80
After 30
                                June 1995 and
                                before
                                1 July 1996
85
After 30
                                June 1996 and
                                before
                                13 December 1996
90
After 12
                                December 1996
80
(Replaced
29 of 1983 s. 20
. Amended
40 of 1984 s. 23
;
32 of 1985 s. 15
;
37 of 1986 s. 3
;
L.N. 235 of 1989
;
L.N. 237 of 1990
;
53 of 1993 s. 23
;
L.N. 519 of
                1996
)
(2A)
Any cents in the amount ascertained or adjusted in accordance with subsection (2) shall be disregarded.
(Added
29 of 1983 s. 20
)
(3)
The percentages and periods mentioned in subsection (2) may be amended by resolution of the Legislative Council.
(Replaced
29 of 1983 s. 20
. Amended
40 of 1984 s. 23
;
53 of 1993 s. 23
)
(4)
Where a certificate has been issued under subsection
(1
)(
b)
in relation to any premises, no further application under
section 57
in respect of those premises shall be made by the person to whom the certificate has been issued before the expiration of 1 year from the date of service of the certificate.
(5)-(6)
(Repealed
6 of 1980 s. 9
)