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

21. Termination of principal tenancy
(1) The immediate landlord of a principal tenant may by service of notice to quit in Form 2 in the Second Schedule and in manner specified in section 44 terminate the tenancy of such tenant in accordance with the provisions of, and to the extent provided in, this section.
(2) The length of notice given by the notice to quit aforesaid shall be either that required by the contract between the landlord and the principal tenant or in default of any term in the contract specifying the length of notice, one calendar month from the date of service thereof.
(3) Upon the expiration of such notice to quit—
(a) each sub-tenant shall be deemed to be the tenant of the immediate landlord and to hold the premises upon the same terms and conditions as he held them from the principal tenant;
(b) each sub-tenant affected thereby shall be liable to pay to the immediate landlord on demand the permitted rent of the premises let to him under contract with the principal tenant;
(c) the immediate landlord shall undertake towards each sub-tenant all those obligations undertaken by the principal tenant previous to service of notice under subsection (1).
(4) At any time within 14 days after the service of the notice to quit, the principal tenant may elect by notice in writing to the landlord to deliver up the whole of the premises subject to the tenancy or to retain any portion thereof retained, immediately before the service of the notice to quit, for his own occupation.
(5)  Where the principal tenant retains for his own occupation any part of the premises the subject of his tenancy from the immediate landlord, he shall be deemed to be the tenant of the immediate landlord in respect of the retained part and to hold the same upon a monthly tenancy. The rent of the retained part shall, subject to this Part, be such proportion of the rent of the whole of the premises immediately before the expiration of the notice to quit as is fairly attributable to the retained part: (Amended 53 of 1993 s. 14)
Provided that in the event of any dispute between the immediate landlord and the principal tenant as to the amount of the rent payable by such principal tenant, such dispute may be referred to and decided by the Commissioner. (Amended 76 of 1981 s. 12) 
(6) Notwithstanding anything in this Part, and in particular, the definition of tenant

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

22. Saving as to new agreements to vacate
Nothing in this Part shall be taken to limit the right of a landlord and tenant (whether or not the tenant is a tenant to whom section 17(2) applies) to agree to such stipulations and conditions as they shall think fit in regard to the duration of the tenancy and in particular to any stipulation in regard to termination of the tenancy in the event of the landlord desiring to sell the premises or to obtain possession for occupation by himself or any member of his family: (Amended 53 of 1993 s. 15)
Provided that no landlord shall be entitled by reason of any agreement made under the foregoing provision to obtain an order for the ejectment of any tenant unless he satisfies the Tribunal or a court, as the case may be, that the tenant intended by such agreement to deprive himself of the protection against ejectment afforded by this Part. (Amended 30 of 1955 s. 4; 76 of 1981 s. 13)(25 of 1947 s. 13 incorporated)

23. Saving for unexpired term
Nothing in this Part shall entitle any landlord during the currency of any written lease of any premises for a definite and unexpired term, to any rent higher than the rent reserved in such lease.
(25 of 1947 s. 14 incorporated)

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

28. Commissioner may approve contracting out in certain circumstances
(1) A landlord and a tenant or prospective tenant of any premises to which this Part applies may make a joint application to the Commissioner for his approval under subsection (3) of the terms of any tenancy agreement into which they propose to enter.
(2) An application under subsection (1) shall be in the specified form in triplicate and shall be accompanied by a copy of the proposed agreement and such fee as may be determined by the Financial Secretary. (Amended 32 of 1985 s. 4)
(3) Notwithstanding anything contained in this Part, the Commissioner shall, if he is satisfied in relation to the proposed agreement— (Amended 32 of 1985 s. 4)
(a) that the tenant or prospective tenant understands its effect;
(b) that the tenant or prospective tenant in assenting to enter into such an agreement has not been subject to any undue pressure or influence; and
(c) that no sub-tenants are prejudiced thereby,
approve the proposed agreement and endorse the application submitted to him under subsection (1) with a statement to that effect and serve a copy thereof on the landlord and on the tenant or prospective tenant.
(4) The Commissioner may make such inquiries as he thinks fit for the purposes of subsection (3) but nothing in subsection (3) or this subsection shall be construed as imposing on the Commissioner or any public officer any duty to inquire into or be satisfied as to the reasonableness or otherwise of the consideration specified in the agreement.
(5) Where the Commissioner approves the terms of a proposed agreement under subsection (3) the parties may execute a tenancy agreement in the terms so approved, notwithstanding anything in this Part.
(6) Where an agreement is executed under subsection (5)—
(a) the landlord shall lodge a copy thereof with the Commissioner within 28 days of its execution; and (Amended 40 of 1984 s. 9)
(b) the building or part thereof to which the agreement relates shall be excluded from the further application of this Part notwithstanding the termination or expiry of the agreement.
(Replaced 39 of 1979 s. 12)

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

29. Commissioner may revise rent in certain cases
Subject to section 23, if the standard rent of any premises either—
(a) is a rent which was agreed upon in writing at some date before 1 July 1937; or
(b) is not higher than the rent recoverable from the tenant in actual occupation on 1 July 1937,
the landlord of such premises may apply to the Commissioner to fix, and the Commissioner may fix, such other rent as the Commissioner shall think fit as the standard rent to be paid in respect of such premises during the continuance of this Part:
Provided that nothing in this section shall affect any rent which became due before the date of the determination by the Commissioner fixing the rent.(25 of 1947 s. 16 incorporated. Amended 76 of 1981 s. 16)

30. Commissioner may increase standard rent if unreasonably low
Notwithstanding anything contained in this Part, the Commissioner may, on the application of a landlord, increase the standard rent of any premises by such amount as the Commissioner considers reasonable, if the Commissioner is satisfied that— (Amended 76 of 1981 s. 17; 32 of 1985 s. 5)
(a) the standard rent of the premises is unreasonably low, having regard to the general level of rents prevailing on 25 December 1941 for premises of a similar character in the same neighbourhood; or
(b) the standard rent of the premises ought to be increased, having regard to improvements in the amenities of the neighbourhood in which the premises are situate, such improvements having occurred after 25 December 1941.
(Added 22 of 1953 s. 13)

31. Commissioner may decrease standard rent if unreasonably high
Notwithstanding anything contained in this Part, the Commissioner may, on the application of a tenant, decrease the standard rent of any premises by such amount as he considers reasonable, if the Commissioner is satisfied that the standard rent of the premises ought to be decreased, having regard to any deterioration in the amenities of the neighbourhood, or in the condition of the premises, such deterioration having occurred after 25 December 1941.
(Added 22 of 1953 s. 13. Amended 76 of 1981 s. 18; 29 of 1983 s. 7)