Landlord and Tenant (Consolidation) Ordinance

(1)
Where—
(a)
a principal tenant bears the rates in respect of any premises the subject of a tenancy out of which a sub-tenancy has been created and there is an increase in the amount of rates payable;
(b)
rates are imposed in respect of any premises the subject of a tenancy out of which a sub-tenancy has been created and the principal tenant bears those rates; or
(c)
the rent of a tenancy has been increased under
section 56
or
56A
and a sub-tenancy has been created out of that tenancy,
the principal tenant may, if he cannot agree with the
sub-
tenant an increase in rent of the
sub-
tenancy, apply to the Commissioner in the specified form for a certificate under subsection (2).
(1A)
For the purposes of subsection
(1
)(
b)
, rates shall be deemed not to be imposed where rates become payable by reason only that the premises cease to be exempt from assessment to or payment of rates under
section 36
of the Rating Ordinance (
Cap. 116
).
(Added
29 of 1983 s. 21
)
(2)
On receipt of an application under subsection
                (1),
                the Commissioner shall make such apportionment or aggregation of the rates as he
                considers necessary to determine the amount of rates attributable to the premises
                the subject of the sub-tenancy and shall serve on the principal tenant and on the
                sub-tenant certificates in the specified form stating the amount by which the rent
                of the sub-tenancy may be
                    increased.
(Amended
E.R. 4
                        of 2020
)
(3)
Where the Commissioner has served a certificate under subsection (2), the rent of the sub-tenancy may be increased by the amount shown in the certificate, but the increase in rent shall not take effect except in pursuance of a notice of increase in the specified form served by the principal tenant on the sub-tenant specifying the date from which the increase is to take effect.
(4)
The date specified in a notice of increase under subsection (3) shall be not earlier
than—
(a)
the date from which the increased rates or the rates imposed, as the case may be, are payable;
(b)
the date on which the increase in rent of the principal tenancy on account of rates became payable; or
(c)
24 months prior to the date of service of the notice of increase on the sub-tenant,
whichever is the later.
(Amended
29 of 1983 s. 21
)