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

120AAB. Application of this Part
(1) Subject to subsection (2), this Part applies to a tenancy—
(a) that commences on or after the material date;
(b) that is a domestic tenancy;
(c) the subject premises of which are a subdivided unit;
(d) the tenant of which is a natural person; and
(e) the purpose of which is for the tenant’s own dwelling,
even though the tenancy contains any provision purporting generally or specifically to exclude the application of this Part.
(2) This Part does not apply to the tenancies specified in Schedule 6.
(3) For the purposes of subsection (1)(a), the reference to “commences on or after the material date” includes a reference to “is taken to be commencing on the date under section 120AAQ(5)(a)”.

120AAC. Amendment of Schedule 6
(1) The Secretary may, by notice published in the Gazette, amend Schedule 6.
(2) For the purposes of section 120AAB(2), a notice under subsection (1) may—
(a) specify any class of tenancies; and
(b) specify the circumstances in which, or the purposes for which, the class of tenancies is excluded from the application of this Part.

120AAD. Interpretation
In this Division—
premises (處所) means the subject matter of a tenancy.

120AAE. Application to Tribunal
A person having an interest in any premises may apply to the Tribunal to determine whether or not a tenancy for the premises is a regulated tenancy for the purposes of this Part.

120AAF. Determination by Tribunal
(1) The Tribunal must make a determination on receiving an application made under section 120AAE.
(2) In making a determination, the Tribunal may take into account any matters that the Tribunal considers appropriate.
(3) For the purposes of subsection (2), if the Tribunal is to determine whether or not a tenancy is a domestic tenancy, the Tribunal may consider the matters contained in Subdivision 2.
(4) Also, for the purposes of subsection (2), if the Tribunal is to determine whether or not a tenancy is for the tenant’s own dwelling, the Tribunal may consider the matters contained in Subdivision 3.

120AAG. Purpose specified in tenancy
If a tenancy specifies in writing that any premises are to be used for a particular purpose, the premises are taken to be used for that purpose unless it is proved otherwise.

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

120AAH. Purpose for which premises are actually used
(1) Subject to section 120AAI, despite any evidence showing that any premises were originally let for a particular purpose, if the premises are being used primarily for another purpose, the premises are taken to have been let for that other purpose.
(2) Subject to section 120AAJ, if there is not sufficient evidence showing that any premises were originally let for a particular purpose, the purpose of the tenancy of the premises is to be determined by the primary user of the premises.

120AAI. Tenant to establish landlord’s agreement to change of user as dwelling
If—
(a) the purpose referred to in a tenancy for any premises is other than as a dwelling; but
(b) the premises are being used as a dwelling in breach of the tenancy,
the onus is on the tenant to establish that the change of user has been agreed to (whether expressly or by implication), or acquiesced in, by the landlord.

120AAJ. Purpose of sub-tenancy subject to superior tenancy
(1) This section applies if a tenancy (subject tenancy

120AAK. Use of premises other than as dwelling
The use of any premises as a boarding or lodging house is a use other than as a dwelling.

120AAL. Other matters to be taken into account
(1) In determining whether any premises were let, or are being used, as a dwelling, the following may be taken into account—
(a) the covenants, terms and conditions in the Government lease or tenancy in relation to the premises;
(b) any occupation permit issued in relation to the premises;
(c) normal additional uses of the premises that are consistent with the domestic nature of a tenancy having regard to the following—
(i) the floor area in occupation for the uses (whether at all times or not);
(ii) the number of persons engaged in the uses but not dwelling on the premises;
(iii) the furnishings, fittings and contents of the premises;
(iv) the gross profits resulting from the uses relative to the rent.
(2) In subsection (1)(b)—
occupation permit (佔用許可證) means an occupation permit or a temporary occupation permit issued under the Buildings Ordinance.

120AAM. Tenant’s own dwelling presumed
For the purposes of this Part, a tenancy—
(a) that is a domestic tenancy;
(b) the subject premises of which are a subdivided unit; and
(c) the tenant of which is a natural person,
is taken to be for the tenant’s own dwelling unless the tenancy specifies otherwise in writing.

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

120AAN. Specified purpose may be disregarded
(1) This section applies if—
(a) a tenancy falls within the descriptions of section 120AAM(a), (b) and (c); and
(b) the tenancy specifies in writing that the premises are not let for the tenant’s own dwelling.
(2) Despite subsection (1)(b), the Tribunal may still determine that the premises are indeed let for the tenant’s own dwelling if the Tribunal considers it appropriate to do so.

120AAO. Regulated cycle of tenancies
(1) A regulated cycle of tenancies for a subdivided unit is to comprise 2 consecutive regulated tenancies for the subdivided unit, each for a term of 2 years.
(2) The term of the first regulated tenancy is to be 2 years commencing on—
(a) the date of the creation of the tenancy; or
(b) if the parties have agreed on a later date for the commencement of the tenancy—that date.
(3) The term of the second regulated tenancy is to be 2 years commencing on the date immediately after the expiry of the first regulated tenancy.
(4) The landlord and tenant of a subdivided unit may enter into one or more regulated cycles of tenancies for the subdivided unit.

120AAP. First term tenancy
A landlord and a tenant may enter into a first term tenancy for a subdivided unit at a rent agreed by the parties.