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

10A. Certificates of prevailing market rent
(1) Where a landlord serves a tenant with a notice of increase of rent under section 10(1A)(a) the tenant may, within 14 days of being so served, apply for a certificate under subsection (5) by sending an application in the specified form in duplicate to the Commissioner. (Amended 53 of 1993 s. 8)
(2) On receipt of an application under subsection (1) the Commissioner shall serve a copy thereof on the landlord.
(3) Within 14 days of service on him under subsection (2) of a copy of the tenant’s application, the landlord may send his representations thereon to the Commissioner.
(4) Where the Commissioner receives representations from a landlord under subsection (3) which indicate that the landlord disputes any fact set out in the tenant’s application, he shall determine the facts in dispute and then deal with the application in accordance with subsection (5).
(5) Where a tenant makes an application under subsection (1), the Commissioner shall, if satisfied that the increased rent specified in the landlord’s notice under section 10(1A)(a)— (Amended 53 of 1993 s. 8)
(a) does not exceed the prevailing market rent of the premises aggregated, where the rates in respect of the premises are payable by the landlord, with the amount of the rates, issue free of charge and serve on the landlord and tenant certificates in the specified form to that effect;
(b) exceeds the prevailing market rent of the premises aggregated, where the rates in respect of the premises are payable by the landlord, with the amount of the rates, issue free of charge and serve on the landlord and tenant certificates in the specified form stating—
(i) the prevailing market rent of the premises; and
(ii) where the rates in respect of the premises are payable by the landlord, the amount of the rates,
and 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 subsection (4). (Amended 29 of 1983 s. 46)
(6) A certificate issued under subsection (5) shall in any proceedings be prima facie evidence of the facts set out therein.
(7) (Repealed 40 of 1984 s. 5)(8) Nothing in this section shall prejudice any right which a landlord, tenant or sub-tenant may have to make an application under section 32 to the Tribunal. (Amended 76 of 1981 s. 10)
(9) (Repealed 53 of 1993 s. 8)(Added 39 of 1979 s. 8)

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

10AA. Increase in rent on account of rates
(1) Where—
(a) a landlord bears the rates in respect of any premises and after 31 March 1975 there is an increase in the amount of the rates payable; or
(b) rates are imposed after 31 March 1975 in respect of any premises and the landlord bears those rates,
the landlord may, subject to subsection (2), increase the amount of rent payable by the tenant of those premises by the amount of the increase in rates or by the amount of the rates imposed, as the case may be.
(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. 4)
(2) Where the amount of rent is increased under this section the increase shall not take effect except in pursuance of a notice of increase in the specified form served by the landlord on the tenant, specifying the increase and the date from which it is to take effect.
(3) The date specified in a notice of increase under subsection (2) shall not be earlier than—
(a) the date from which the increased rates or the rates imposed, as the case may be, are payable; or
(b) 24 months prior to the date of service of the notice,
whichever is the later. (Replaced 29 of 1983 s. 4)
(Added 10 of 1975 s. 4. Amended 39 of 1979 s. 7)

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

10B. Increase in rent following apportionment
(1) Where section 10AA(1) applies in respect of any premises and the premises form part of a tenement or consist of, or form part of, more than one tenement, the landlord may apply to the Commissioner in the specified form for a certificate under subsection (2).
(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 and shall serve on the landlord and on the tenant certificates in the specified form stating the amount by which the rent may be increased.
(3) Where the Commissioner has served a certificate under subsection (2), the rent of the tenancy may be increased, in accordance with section 10AA, by the amount shown in the certificate.
(4) In this section, tenement (物業單位) shall have the meaning assigned to it by section 2 of the Rating Ordinance (Cap. 116).
(Added 10 of 1975 s. 4. Amended 39 of 1979 s. 9)

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

10D. Application for certificate of increase in rent
(1) Where a landlord wishes to increase the rent payable by his tenant, he may apply to the Commissioner for a certificate.
(2) An application under subsection (1) shall be made by sending a notice in duplicate in the specified form to the Commissioner.
(3) Where the Commissioner is of the opinion that, having regard to section 10H, no increase in rent is due, or such increase in rent is not due within a period of 6 months from the date of receipt of the application under subsection (1), he may decline to deal with such application or defer dealing with such application until it appears to him that the increase in rent is due within a period of 6 months.
(4) Subject to subsection (3), upon receipt of an application under subsection (1) the Commissioner shall serve a copy of it on the tenant.
(5) Within 14 days of service on him under subsection (4) of a copy of the landlord’s application the tenant may send his representations on the application in writing to the Commissioner.
(6) Where the Commissioner receives representations from a tenant under subsection (5) which indicate that the tenant disputes any fact set out in the application of the landlord, he shall determine the facts in dispute and shall then deal with the application in accordance with section 10E.
(Added 53 of 1993 s. 9)