Landlord and Tenant (Consolidation) Ordinance

(1)
Subject to subsection (2), there shall be payable and recoverable by way of rent of premises to which this Part applies such amount as may be agreed between the landlord and tenant.
(2)
Where an alteration in rent is agreed between a landlord and a
                tenant,
                the landlord shall lodge with the Commissioner a notice of the alteration in rent in
                triplicate in the specified form signed by both the landlord and
                    tenant.
(Amended
E.R. 4
                        of 2020
)
(3)
A notice under subsection (2) is not valid
unless—
(a)
it is signed by the tenant not earlier than 1 month before the date on which it is lodged with the Commissioner and the alteration of rent to which it relates takes effect neither earlier than 1 month before, nor later than 6 months after, the date on which the notice is so lodged; or
(b)
the notice is endorsed by the Commissioner, the application for which endorsement shall be accompanied by a fee of $500, to the effect that he is satisfied that the tenant understands the effect of the alteration in rent and has not been subject to any undue pressure or influence.
(4)
Where a notice is lodged with the Commissioner under subsection (2), he shall record the agreement concerning the alteration in rent and shall endorse on 2 copies of the notice a statement to that effect and shall return 1 copy to the landlord and 1 copy to the tenant.
(5)
Where there is an increase in rent under an agreement mentioned in subsection (2), a landlord shall not be entitled to maintain an action to recover rent at the increased rate unless a valid notice mentioned in that subsection is endorsed by the Commissioner under subsection (4).
(6)
The security of tenure afforded to a tenant under
section 48(3)
shall apply where the rent payable by the tenant is increased by agreement, notwithstanding the failure of the landlord to lodge notice of it under subsection (2).
(7)
Subject to
section 10H
, the rent of premises payable and recoverable by virtue of this section may be
increased—
(a)
by a further agreement to which this section applies;
(b)
if the rent is less than the rent permitted under
section 10(1)
, by an increase made under
section 10(1A
)(
a)
or by virtue of a certificate under
section 10E
;
(c)
under
section 10(3)
or (3AC) only if, after the alteration in rent is agreed under this section, the landlord incurs expenditure on improvements as set out in that section, in which case
section 10(3A)
shall apply only in respect of expenditure incurred on improvements after the time of that agreement;
(d)
under
section 10AA
,
10B
or
10C
.