Hong Kong – Landlord of specified premises convicted of taking barred action against tenant during protection period of rental enforcement moratorium

Landlord of specified premises convicted of taking barred action against tenant during protection period of rental enforcement moratorium

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     A landlord of specified premises, who took barred action during the protection period (i.e. from May 1 to July 31, 2022) specified under the Temporary Protection Measures for Business Tenants (COVID-19 Pandemic) Ordinance against a tenant for failing to pay rent in the relevant period, contravened the Ordinance. The landlord pleaded guilty today (February 27) at the Eastern Magistrates’ Courts. 

     The Rating and Valuation Department received a complaint about the landlord who commenced distress legal proceedings against the property of the tenant during the protection period in respect of the tenant’s failure to pay rent. Upon an in-depth investigation and evidence collection, prosecution was initiated against the landlord suspected of contravening the Ordinance.  

     Against the background of the fifth wave of the COVID-19 epidemic, in relation to a tenancy for specified premises, the Ordinance barred landlords from taking certain specified actions during a three-month protection period against business tenants of specified sectors for failing to pay rent in the relevant period (i.e. from January 1 to July 31, 2022). The protection period ended on August 1, 2022. 

Hong Kong – Landlord and Tenant (Consolidation) (Amendment) Ordinance 2021 to take effect on January 22, 2022

Landlord and Tenant (Consolidation) (Amendment) Ordinance 2021 to take effect on January 22, 2022

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     The Landlord and Tenant (Consolidation) (Amendment) Ordinance 2021 (Ordinance) will take effect on January 22, 2022 to regulate tenancies of subdivided units (SDUs), with the following key requirements:



(1) a regulated cycle of tenancies for an SDU is to comprise two consecutive regulated tenancies for the SDU, each for a term of two years;

 

(2) a tenant of a first term tenancy for an SDU is entitled to be granted a second term tenancy of the regulated cycle for the SDU, thus enjoying security of tenure of four years;

 

(3) rent increase during the term of a regulated tenancy is not allowed;

 

(4) the rate of rent increase for the second term tenancy of a regulated cycle must not exceed the percentage change of the territory-wide rental index for all classes of private domestic properties compiled and published by the Rating and Valuation Department (RVD) during the relevant period, and is capped at 10 per cent;

 

(5) a landlord of a regulated tenancy commits an offence if the landlord requires the tenant to pay any non-permitted money or reimbursement of charges for specified utilities and services (including water and electricity); and

 

(6) a landlord of a regulated tenancy must, within 60 days after the term of the tenancy commences, submit a Notice of Tenancy (Form AR2) to RVD. If the landlord, without reasonable excuse, fails to comply with the requirement, the landlord commits an offence.



     RVD is responsible for the implementation of the Ordinance, and has set up a new section to promote public awareness of the new regulatory regime; handle enquiries; provide free advisory and mediatory services on tenancy matters; publish the reported rent data of SDUs after implementation of the Ordinance; and take enforcement action as appropriate. 



     The Government has engaged non-governmental organisations (NGOs) to set up six district Service Teams, assisting RVD to promote the new legislation to implement the tenancy control on SDUs at district level, including arranging different types of promotional activities regularly at the Service Districts to help landlords and tenants to understand their respective rights and obligations under the Ordinance, and to handle general enquiries, etc. Details of the six District Service Teams are given in Annex.



For enquiries, please contact RVD:

Website: www.rvd.gov.hk/en/our_services/tenancy_matters.html

Email: enquiries@rvd.gov.hk

Hotline: 2150 8303

Hong Kong – LegCo to consider Landlord and Tenant (Consolidation) (Amendment) Bill 2021

LegCo to consider Landlord and Tenant (Consolidation) (Amendment) Bill 2021

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The following is issued on behalf of the Legislative Council Secretariat: 
 
     The Legislative Council (LegCo) will hold a meeting tomorrow (October 13) at 11am in the Chamber of the LegCo Complex. During the meeting, the Second Reading debate on the Landlord and Tenant (Consolidation) (Amendment) Bill 2021 will resume. If the Bill is supported by Members and receives its Second Reading, it will stand committed to the committee of the whole Council. After the committee of the whole Council has completed consideration of the Bill and its report is adopted by the Council, the Bill will be set down for the Third Reading.

     The Second Reading debates on the Medical Registration (Amendment) Bill 2021 and the Telecommunications (Amendment) Bill 2021 will also resume. If the Bills are supported by Members and receive their Second Reading, they will stand committed to the committee of the whole Council. After the committee of the whole Council has completed consideration of the Bills and their reports are adopted by the Council, the Bills will be set down for the Third Reading.
 
     On Members’ motions, Mr Chan Hak-kan will move a motion on seizing the opportunities from the Plan for Comprehensive Deepening Reform and Opening Up of the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone. The motion is set out in Appendix 1. Dr Lo Wai-kwok will move an amendment to Mr Chan’s motion.
 
     Mrs Regina Ip will move a motion on following the practice of the country to adhere to the United Nations’ 2030 Agenda for Sustainable Development. The motion is set out in Appendix 2.
 
     In addition, the Chairman of the Panel on Food Safety and Environmental Hygiene, Mr Steven Ho; the Chairman of the Panel on Security, Mr Chan Hak-kan; the Chairman of the Panel on Economic Development, Mr Christopher Cheung; the Chairman of the Panel on Public Service, Mr Kwok Wai-keung; the Chairman of the Panel on Housing, Mr Tommy Cheung; the Chairman of the Panel on Constitutional Affairs, Mr Holden Chow; the Chairman of the Panel on Education, Dr Priscilla Leung; and the Chairman of the Panel on Information Technology and Broadcasting, Dr Junius Ho, will present the 2020-2021 Reports of the related Panels and address the Council respectively.
 
     Members will also ask the Government 22 questions on various policy areas, six of which require oral replies.
 
     The agenda of the above meeting can be obtained via the LegCo Website (www.legco.gov.hk). Members of the public can watch or listen to the meeting via the “Webcast” system on the LegCo Website. To observe the proceedings of the meeting at the LegCo Complex, members of the public may call 3919 3399 during office hours to reserve seats.