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

120AAQ. Deemed first term tenancy in certain circumstances
(1) This section applies if—
(a) a landlord and a tenant enter into a domestic tenancy for a subdivided unit;
(b) the tenant is a natural person;
(c) the purpose of the tenancy is for the tenant’s own dwelling; and
(d) the tenancy is other than one—
(i) entered into by the parties by way of a Form AR1; or
(ii) taken to be granted under section 120AAW(2)(b).
(2) If the tenancy purports to be—
(a) a periodic tenancy; or
(b) a tenancy for a term other than of 2 years,
commencing on or after the material date, the tenancy is taken to be a first term tenancy.
(3) For the purposes of subsection (2)—
(a) the term of the tenancy is taken to be 2 years commencing on—
(i) the date of the creation of the tenancy; or
(ii) if the parties have agreed on a later date for the commencement of the tenancy—that date; and
(b) the rent agreed by the parties to be payable by the tenant at the commencement of the tenancy is taken to be the rent for the first term tenancy.
(4) If—
(a) the tenancy is a periodic tenancy commencing before and existing on the material date; and
(b) a period of the tenancy (reference period

120AAR. Tenant is entitled to second term tenancy
(1) A tenant of a first term tenancy for a subdivided unit is entitled to a second term tenancy of the regulated cycle for the subdivided unit to be granted in accordance with Subdivision 2.
(2) Without limiting section 120AAZI, the landlord must grant the tenant the second term tenancy for the subdivided unit if the tenant accepts the second term offer in accordance with section 120AAU.
(3) The terms and conditions of the second term tenancy offered and granted by the landlord are to be the same as those contained in the first term tenancy, except those relating to—
(a) the period of the tenancy; and
(b) (if applicable) the amount of rent.

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

120AAS. Second term offer
(1) Without limiting section 120AAZI, a landlord of a first term tenancy for a subdivided unit must, within the offer period—
(a) make a second term offer to the tenant; and
(b) serve the offer on the tenant,
for a second term tenancy of the regulated cycle for the subdivided unit.
(2) The second term offer may only be made in Form AR1.
(3) The landlord must—
(a) state the proposed amount of rent for the second term tenancy in Form AR1; and
(b) sign the Form.
(4) The proposed amount of rent must not exceed the maximum amount of rent for the second term tenancy that is permitted under section 120AAZE.
(5) The second term offer must not include any terms or conditions other than those contained in the first term tenancy.
(6) Subject to section 120AAT, a second term offer, once made, remains open for acceptance by the tenant before the expiry of the first term tenancy, and the landlord may not withdraw the offer.
(7) For the purposes of subsection (6), the reference to the landlord includes a person who becomes the landlord of the subdivided unit after the second term offer is made but before the expiry of the first term tenancy.

120AAT. Landlord may make more than one second term offer
(1) The landlord may make one or more second term offers during an offer period, but a subsequent offer supersedes any earlier offer.
(2) However, if the tenant accepts a second term offer under section 120AAU, the landlord may not make any further offer afterwards.

120AAU. Tenant’s acceptance of second term offer
(1) This section applies if a landlord of a first term tenancy for a subdivided unit serves a second term offer in Form AR1 (served Form

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

120AAV. Tenant’s failure to notify acceptance of second term offer
(1) This section applies if a landlord of a first term tenancy for a subdivided unit serves a second term offer in Form AR1 on the tenant within the offer period under section 120AAS.
(2) If the tenant fails to notify the landlord of the tenant’s acceptance of the second term offer before the expiry of the first term tenancy, the tenant is taken to have rejected the second term offer.
(3) For the purposes of subsection (2), the tenant fails to notify the landlord of the tenant’s acceptance if—
(a) no notice of acceptance has ever been given by the tenant under section 120AAU;
(b) the notice of acceptance is served by the tenant on the landlord only after the expiry of the first term tenancy;
(c) the notice of acceptance is not given by the tenant in the same Form AR1 sent by the landlord that contains the second term offer; or
(d) the tenant has not signed the Form AR1 sent by the landlord when the Form is returned to the landlord.

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

120AAW. Deemed second term offer by landlord
(1) This section applies if a landlord of a first term tenancy for a subdivided unit fails to serve a second term offer on the tenant under section 120AAS.
(2) The landlord is taken to have made a second term offer to the tenant on the expiry of the offer period, and the tenant is taken—
(a) to have accepted the second term offer; and
(b) to be granted the second term tenancy on the expiry of the first term tenancy.
(3) For the purposes of subsection (1), a landlord fails to serve a second term offer on the tenant if—
(a) the offer is not served on the tenant within the offer period;
(b) the offer is not made in Form AR1;
(c) the landlord has not signed the Form AR1 sent to the tenant;
(d) the proposed amount of rent for the second term tenancy is not stated in the offer;
(e) the proposed amount of rent for the second term tenancy stated in the offer is higher than the maximum amount of rent for the second term tenancy permitted under section 120AAZE; or
(f) any terms or conditions other than those contained in the first term tenancy are included in the offer.
(4) Subject to subsection (5), the renewed rent for the second term tenancy is to be the amount of rent last payable by the tenant for the first term tenancy.
(5) If the control percentage ascertained in accordance with section 120AAZE for the rent for the second term tenancy is a negative figure, the renewed rent for the second term tenancy is to be reduced by that percentage.
(6) Despite subsection (2), if the tenant delivers vacant possession of the subdivided unit to the landlord on or before the expiry of the first term tenancy—
(a) the second term offer taken to be made to the tenant is taken to be rejected by the tenant; and
(b) no second term tenancy is taken to be granted to the tenant.