### Landlord and Tenant (Consolidation) Ordinance 《業主與租客(綜合)條例》

120AAZE. Renewed rent for second term
(1) The landlord and tenant of a first term tenancy are to agree on the amount of rent for the second term tenancy of the same regulated cycle in accordance with this section.
(2) The maximum percentage for an increase of rent for the second term tenancy is to be the lower of the following—
(a) the control percentage ascertained in accordance with the following formula—

A =  B – C  × 100   C 
where—
A means the control percentage;
B means the figure of the rental index of the 4th calendar month immediately before the commencement month of the purported second term tenancy that is prevailing on the first day of the offer period;
C means the figure of the rental index of the commencement month of the first term tenancy that is prevailing on the first day of the offer period;
(b) 10%.
(3) The control percentage is to be rounded down to 1 decimal place.
(4) If the control percentage ascertained is a negative figure, the rent for the second term tenancy is to be reduced at least by that percentage.
(5) The maximum amount of rent for the second term tenancy calculated in accordance with subsection (2) or (4) is to be rounded down to the nearest integer.
(6) If the amount of rent payable by the tenant has been reduced one or more times during the first term tenancy, the basis for calculating the amount of rent for the second term tenancy is to be the amount of rent last reduced during the first term tenancy.
(7) In subsection (2)(a)—
commencement month (開始月份), in relation to a first term tenancy or second term tenancy of a regulated cycle, means the calendar month in which the tenancy commences;
rental index (租金指數) means the territory-wide rental index for all classes of private domestic properties compiled and published by the Rating and Valuation Department.

120AAZF. Mandatory terms implied for every regulated tenancy
(1) The provisions in Schedule 7 are to be impliedly incorporated into every regulated tenancy.
(2) The provisions incorporated into a regulated tenancy (incorporated provisions

120AAZG. Amendment of Schedule 7
The Secretary may, by notice published in the Gazette, amend Schedule 7.

120AAZH. Early termination by tenant
(1) A tenant of a regulated tenancy for a subdivided unit may—
(a) without limiting any rights of the tenant to terminate the tenancy by notice under the tenancy; and
(b) by giving the landlord prior notice in writing (termination notice

### Landlord and Tenant (Consolidation) Ordinance 《業主與租客(綜合)條例》

120AAZI. Landlord’s right of re-entry
(1) A landlord of a regulated tenancy for a subdivided unit may not terminate the tenancy before the expiry of the term despite any provision of the tenancy that purports to do so.
(2) However, the landlord may—
(a) terminate the tenancy by notice in accordance with—
(i) section 120AAZ(7); or
(ii) section 4(3) of Part 2 of Schedule 7 impliedly incorporated into the tenancy under section 120AAZF; or
(b) enforce a right of re-entry or forfeiture in accordance with Part 4 of Schedule 7 impliedly incorporated into the tenancy under section 120AAZF.
(3) Any condition for forfeiture (other than those set out in Part 4 of Schedule 7) provided in the tenancy is void and has no effect.
(4) Despite section 58(14) of the Conveyancing and Property Ordinance (Cap. 219)—
(a) subsection (2)(b) and sections 7 and 12(1)(a) and (2) of Part 4 of Schedule 7 have effect subject to section 58(4) and (10) of that Ordinance; and
(b) subsection (2)(b) and sections 8, 9, 10, 11 and 12(1)(b) and (2) of Part 4 of Schedule 7 have effect subject to section 58 (except section 58(14)) of that Ordinance.

120AAZJ. Termination of regulated tenancy as sub-tenancy
(1) This section applies if—
(a) a regulated tenancy for a subdivided unit is a sub-tenancy created out of another tenancy; and
(b) a superior landlord applies to the court for possession of the subdivided unit (or any premises of which the subdivided unit forms part).
(2) Before enforcing an order of the court for possession of the subdivided unit, the superior landlord must notify the tenant of the regulated tenancy (sub-tenant

120AAZK. Limited liabilities of sub-tenant on termination of superior tenancy
(1) This section applies if—
(a) a regulated tenancy for a subdivided unit is a sub-tenancy created out of another tenancy;
(b) the regulated tenancy is terminated because of the termination of a tenancy superior to the regulated tenancy (superior tenancy

### Landlord and Tenant (Consolidation) Ordinance 《業主與租客(綜合)條例》

120AAZL. Offence in relation to tenant’s payment of money other than certain types
(1) A landlord of a regulated tenancy commits an offence if the landlord requires the tenant to pay, or the landlord otherwise receives from the tenant, any money in relation to the tenancy other than those falling within the following types—
(a) specified rents;
(b) specified rental deposits;
(c) reimbursement of charges for any of the specified utilities and services payable by the tenant under the tenancy;
(d) damages for the tenant’s breach of the tenancy.
(2) A person who commits an offence under subsection (1) is liable on a first conviction to a fine at level 3, and on a second or subsequent conviction to a fine at level 4.
(3) For an offence under subsection (1), the mistaken belief of the person charged as to the money the person is entitled or permitted to receive is not a defence.
(4) On a person’s conviction of an offence under subsection (1), the magistrate may, in addition to imposing a fine, order the person to repay to the tenant any money received from the tenant other than that the person is entitled or permitted to receive under this Part.
(5) In subsection (1)—
specified rental deposits (指明租金按金) means rental deposits payable by a tenant under a regulated tenancy as permitted under section 120AAZC;
specified rents (指明租金) means rents payable by a tenant under a regulated tenancy as permitted under this Part.
(6) For the purposes of the definition of specified rents

120AAZM. Offence in relation to payment of apportioned amounts
(1) This section applies if the charges for any of the specified utilities and services for a subdivided unit incurred by a tenant of a regulated tenancy for the subdivided unit are not independently billed by the relevant authorities or service providers.
(2) The landlord of the regulated tenancy commits an offence if the landlord requires the tenant to pay for, or the landlord otherwise receives from the tenant, the reimbursement of the charges as a separate payment from rent unless—
(a) the landlord is the payer named in the bills covering the charges;
(b) copies of the bills are produced by the landlord to the tenant when the landlord requires payment; and
(c) the landlord has provided an account in writing to the tenant showing—
(i) how the amounts under the bills (billed amounts

### Landlord and Tenant (Consolidation) Ordinance 《業主與租客(綜合)條例》

120AAZN. Offence in relation to provision of rent receipts
(1) A landlord of a regulated tenancy must give a receipt to the tenant for the amount of rent paid by the tenant to the landlord within 7 days after receiving the amount.
(2) The landlord must specify the following in the receipt—
(a) the name and address of the landlord;
(b) the period for which the rent is paid;
(c) the date of payment.
(3) If the landlord fails to comply with subsection (1) or (2), the landlord commits an offence and is liable on conviction to a fine at level 1.