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

120AAX. Second term offer pending court order
(1) This section applies if—
(a) a landlord of a first term tenancy for a subdivided unit is proceeding by action to enforce a right of re-entry or forfeiture under section 120AAZI(2)(b); and
(b) the offer period for making a second term offer to the tenant has commenced.
(2) Despite subsection (1)(a), the landlord must comply with section 120AAS to make a second term offer to the tenant pending the making of any order of the court for possession of the subdivided unit in connection with the action mentioned in that subsection.
(3) The landlord’s making of a second term offer to the tenant does not affect the landlord’s right to enforce any breach of the first term tenancy against the tenant in accordance with an order of the court.
(4) If an order of the court allows or permits the landlord to recover possession of the subdivided unit—
(a) where—
(i) the landlord has made a second term offer under subsection (2)—
(A) the offer is treated as never having been made by the landlord; and
(B) any second term tenancy granted by the landlord is treated as never having been granted; or
(ii) the landlord has not made any second term offer under that subsection—
(A) no second term offer is taken to have been made; and
(B) no second term tenancy is taken to be granted,
by the landlord to the tenant under section 120AAW; and
(b) the tenant must vacate the subdivided unit at the time and in the way specified in the order.

120AAY. Lapse of second term offer in certain circumstances
(1) This section applies if—
(a) a second term offer for a subdivided unit—
(i) is made by the landlord to the tenant under section 120AAS; or
(ii) is taken to have been made by the landlord to the tenant under section 120AAW; and
(b) the first term tenancy of the regulated cycle for the subdivided unit has already been terminated before its expiry otherwise than by the landlord enforcing by action a right of re-entry or forfeiture under section 120AAZI(2)(b).
(2) On the termination of the first term tenancy—
(a) the second term offer made by the landlord under section 120AAS lapses immediately and has no effect, and (if applicable) the tenant’s acceptance of the offer under section 120AAU also has no effect; and
(b) the second term offer taken to have been made by the landlord under section 120AAW lapses immediately and has no effect, and the tenant is not to be taken as having accepted the offer under that section.

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

120AAZ. Tenancy in writing for first term tenancy
(1) This section applies if—
(a) the landlord and tenant of a subdivided unit have entered into a tenancy orally for a first term tenancy; and
(b) the first term tenancy has commenced.
(2) The tenant may in writing demand the landlord to, within 30 days (specified period

120AAZA. Sub-tenancy of same or longer term of superior tenancy
(1) This section applies if—
(a) a regulated tenancy for a subdivided unit is (or purports to be) a sub-tenancy created out of another tenancy (superior tenancy

120AAZB. Tenant’s interest to pass to family member on death
(1) This section applies if—
(a) a tenant of a regulated tenancy for a subdivided unit dies during the term of the tenancy; and
(b) a family member of the tenant is residing with the tenant in the subdivided unit at the time of the tenant’s death (relevant time

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

120AAZC. Rental deposit
(1) This section applies if a tenant of a regulated tenancy for a subdivided unit is required to pay to the landlord a rental deposit for the tenancy.
(2) Despite any provision of the tenancy, the rental deposit payable by the tenant may not be more than 2 months’ rent under the tenancy.
(3) If a provision of the tenancy requires the tenant to pay a rental deposit of more than 2 months’ rent, the provision is taken to be requiring the tenant to pay a rental deposit equal to 2 months’ rent only.
(4) Despite any provision of the tenancy, the rental deposit paid by the tenant is to be retained by the landlord during the term of the tenancy and is, subject to subsection (5), to be returned to the tenant free of interest no later than—
(a) if—
(i) the term is a first term followed by a second term—the expiry of the term; or
(ii) the term is a second term, or a first term not followed by a second term—the expiry of 7 days after the tenant’s delivery of vacant possession of the subdivided unit to the landlord on—
(A) the expiry of the term; or
(B) an early termination of the tenancy; or
(b) the expiry of 7 days after the settlement of any outstanding money payable by the tenant to the landlord under the tenancy,
whichever is the later.
(5) The landlord may deduct from the rental deposit the amount of any arrears of rent, or costs, expenses, losses or damages sustained by the landlord as a result of any breach of the tenancy by the tenant.
(6) In this section—
2 months’ rent (2個月租金), in relation to a tenancy, means 2 times the amount of the monthly rent payable at the commencement of the tenancy.

120AAZD. Alteration in rent
(1) Subject to subsection (3), despite any provision of a regulated tenancy or any subsequent agreement between the landlord and tenant, the amount of rent payable by the tenant for the term of the tenancy—
(a) must remain the same; and
(b) may not be altered during the term.
(2) An alteration of the amount of rent during the term is void and has no effect.
(3) The landlord may—
(a) whether or not on the tenant’s request; and
(b) at any time during the term,
reduce the amount of rent payable by the tenant for the remaining period of the term.
(4) If the landlord decides to reduce the amount of rent, the landlord must notify the tenant in writing before the reduction.