Landlord and Tenant (Consolidation) Ordinance

For the avoidance of doubt it is hereby declared
that—
(a)
where prior to 18 December 1979 a tenant or
sub-
tenant—
(i)
was in possession of premises under a tenancy or sub-tenancy which became
                    subject to this Part on that date by virtue of the Landlord and Tenant
                    (Consolidation) (Amendment) Ordinance 1980 (
6 of
                        1980
); and
(ii)
made an agreement with his landlord or principal tenant for a new tenancy
                    or sub-tenancy of the premises to commence on or after 18 December 1979, or for
                    a continuation of the existing tenancy or sub-tenancy at an increased rent to
                    take effect on or after that date,
he shall be entitled to the benefits and protection afforded by this Part as
                if the agreement had not been made;
(b)
where a tenant or
sub-
tenant—
(i)
was immediately prior to 18 December 1979 in possession of premises under a
                    tenancy or sub-tenancy which was subject to this Part, or which became subject
                    to this Part on that date by virtue of the Landlord and Tenant (Consolidation)
                    (Amendment) Ordinance 1980 (
6 of 1980
);
                    and
(ii)
made an agreement with his landlord or principal tenant on or after 18
                    December 1979 and before the
                        commencement
*
of the Landlord and
                    Tenant (Consolidation) (Amendment) Ordinance 1980 (
6 of
                        1980
) for an increase in rent,
the amount of rent recoverable by the landlord or principal tenant shall be
                the amount so agreed, whether or not any notice has been lodged under
section
                    55
;
(c)
where a tenant or sub-tenant has paid by way of rent any amount which, by
                virtue of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980 (
6 of 1980
), is not recoverable by the landlord or
                principal tenant, the tenant or sub-tenant shall be entitled to recover the amount
                from the landlord or principal tenant who received it or from his personal
                representatives.
(Added
6 of 1980 s. 15
)
Editorial Note:
*
Commencement date: 15 February
                1980.