Cap. 125 Art. 8Recognition by landlord or by personholdingtitle under him of persons accommodated by Director in requisitioned premises.
(1) Where any persons have been accommodated in a building which is held by virtue of a requisition, the Director may at any time, by means of a judicial letter, require the requisitionee to recognize the persons so accommodated as tenants or as sub-
tenants of the building, as the case may be.
(2) Within thirty days of service on him of a judicial letter under the last preceding sub-article, the requisitionee, by application before the First Hall of the Civil Court in contestation of the Director, may pray for an authorization of non-compliance with that request: Provided that, in the case where the building has been requisitioned from the tenant, the latter, by a judicial letter to be filed within fifteen days from service on him of the judicial letter provided for in the last preceding sub-article, may inform the Director that he does not wish to retain the tenancy, and thereupon the Director shall be entitled to take action under the last preceding sub-article against the landlord.
*No longer in force. †Repealed by Government Notice No. 323 of 25th May, 1949. Provided that the assertion that the requisitionee wishes to take possession of the building for his own use or for the use of any member of his family shall not be considered of itself as a hardship for the purposes of this subarticle.
(4) Any subtenancy created by virtue of this article shall not be deemed to be a subtenancy for the purposes of article 9 of the
Reletting of Urban Property (Regulation) Ordinance.
(5) No right of preference under the Civil Code or under the
Rent Restriction (Dwelling Houses) Ordinance, shall be competent in respect of any tenancy or subtenancy created by virtue of this article.
(6) Where a tenancy or a subtenancy is created by virtue of this article, then, unless an agreement to the contrary is lawfully reached, a contract of lease or sublease of the building under the usual conditions laid down by the Rent Regulation Board established under the Reletting of Urban Property (Regulation) Ordinance and for a period of three months, to be reckoned from the date of definite recognition, shall be deemed to have been entered into between the requisitionee of the building and the person accommodated therein, and rent, equal to the periodical amount paid or payable by the Director as compensation for the occupation of the building, shall be payable quarterly in advance in respect thereof.
Änderungsgeschichte
- Amended by XXXVII.1989.3