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

52. Continuation of tenancies
(1) Where the contractual period of a tenancy or sub-tenancy, whether created before, on or after 19 December 1981, is terminated by effluxion of time or by the landlord or principal tenant, otherwise than by forfeiture, the tenancy or sub-tenancy shall not, subject to subsection (2), sections 52A and 53, come to an end during the continuance in force of this Part. (Replaced 76 of 1981 s. 35. Amended 29 of 1983 s. 13)
(1A) During the continuation of the tenancy or sub-tenancy under subsection (1), the contractual tenancy or sub-tenancy shall continue except to the extent that the terms and conditions thereof are varied under, or are inconsistent with, this Part. (Replaced 29 of 1983 s. 13)
(1B) During the continuation of the tenancy or sub-tenancy under subsection (1), the landlord or principal tenant shall have no right to forfeiture, re-entry or to obtain possession of the premises except as provided by section 53. (Added 76 of 1981 s. 35)
(1C) A tenancy or sub-tenancy which, immediately before 19 December 1981, was continuing under this Part shall be a tenancy or sub-tenancy continuing under subsection (1). (Added 76 of 1981 s. 35)
(1D) A tenancy or sub-tenancy shall not continue under subsection (1) where the tenant or sub-tenant delivers up vacant possession on termination of the contractual period of the tenancy or sub-tenancy. (Added 76 of 1981 s. 35)
(2) Subject to section 50(4), a tenancy or sub-tenancy shall not by virtue of this Part continue in existence after any change in the identity of the tenant, principal tenant or sub-tenant which would terminate such tenancy or sub-tenancy in law.
(3) In every tenancy and sub-tenancy there shall, in the absence of any express covenant or condition, be implied a covenant to pay rent on the due date and a condition for forfeiture for non-payment within 15 days of such date.
(4) (Repealed 53 of 1993 s. 20)

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

52A. Surrender by tenant
(1) Subject to subsection (2), a tenant or sub-tenant may agree to surrender a tenancy or sub-tenancy continuing under section 52(1).
(2) An agreement mentioned in subsection (1) shall have no effect unless it is—
(a) in the specified form;
(b) lodged with the Commissioner within 28 days of execution, with such fee as may be determined by the Financial Secretary; and (Amended 40 of 1984 s. 18; 32 of 1985 s. 11)
(c) endorsed by the Commissioner under subsection (3).
(3) The Commissioner—
(a) shall satisfy himself that the tenant or sub-tenant—
(i) in entering into an agreement under subsection (1) understands the effect of that agreement; and
(ii) has not been subject to any undue pressure or influence;
(b) may make such inquiries as he thinks fit for the purposes of paragraph (a); and 
(c) shall, if satisfied as to the matters mentioned in paragraph (a), endorse upon the agreement a certificate to the effect that he has approved it under this section. (Amended 32 of 1985 s. 11)
(4) The Commissioner shall not be obliged to be satisfied as to the reasonableness of any consideration payable under an agreement mentioned in this section.
(Added 29 of 1983 s. 14)

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

56A. Increase in rent following apportionment
(1) Where section 56(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, if he cannot agree with the tenant an increase in rent of the tenancy, 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 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 56, by the amount shown in the certificate.
(Added 10 of 1975 s. 10. Amended 93 of 1975 s. 15)

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

57. 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 64, 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 thereof 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 thereon 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 58.

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

59. Review
(1) Where the Commissioner issues a certificate under section 58, the landlord or the tenant may within 14 days of service on him of the certificate apply to the Commissioner by notice in duplicate in the specified form for a review of the certificate.
(2) On receipt of an application under subsection (1) and such fee as may be determined by the Financial Secretary, the Commissioner shall review his certificate issued under section 58 and, after giving both parties the opportunity of making written submissions, he may affirm the certificate or cancel it and issue a new certificate under that section, and shall serve on the parties a notice of his decision in the specified form. (Replaced 76 of 1981 s. 41. Amended 32 of 1985 s. 16; 77 of 1988 s. 6; 53 of 1993 s. 24)
(3) (Repealed 32 of 1985 s. 16)(4) The Commissioner may, at the time of any review under subsection (2), determine the date from which any increase in rent shall take effect, and, if he makes such determination, shall include such determination in the notice of decision served under subsection (2). (Replaced 76 of 1981 s. 41. Amended 77 of 1988 s. 6)

60. Appeal
Any person aggrieved by a decision of the Commissioner under section 59 may, within 1 month of the service of the notice of the decision, appeal to the Tribunal which may make such order thereon as it thinks fit.
(Replaced 76 of 1981 s. 42. Amended 77 of 1988 s. 7)