o) Tenant’s Interest to Pass to Family Member on Death
If a tenant dies during the term of the tenancy, the subsisting benefits and protection under the regulated tenancy to which the tenant is entitled under Part IVA of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) during the tenant’s lifetime are, after the tenant’s death, available to a family member of the tenant who is residing with the tenant in the subdivided unit at the time of the tenant’s death. “Family member”, in relation to a person, means:
- the person’s spouse;
- the person’s parent;
- the person’s adult child;
- the person’s grandparent; or
- the person’s adult grandchild.
A child includes an illegitimate child, a stepchild and a child adopted in a way recognized by law, and parent, grandchild and grandparent are to be construed accordingly.
Only one family member of the tenant is entitled to the specified interest at one time. If two or more family members are residing with the tenant at the relevant time and they are unable to reach an agreement among themselves as to who should be entitled to the specified interest, they must refer the matter to the Lands Tribunal for a determination. The Tribunal must determine the matter on any ground that appears to it to be just and equitable.
Despite any will or the law of succession on intestacy, the specified interest of the tenant is not to be available to a personal representative of the tenant; or a person other than a family member referred to above.