RE: To remind landlords of “regulated tenancies” the statutory requirement to submit Notice of Tenancy

The implementation of tenancy control on subdivided units under Part IVA of the Landlord and Tenant (Consolidation) Ordinance came into effect on 22 January 2022.

In view of the above, the Rating and Valuation Department (“RVD”) sought the Estate Agents Authority’s assistance to advise its licensees to remind their clients who are landlords of “regulated tenancies” of the statutory requirement to submit the Notice of Tenancy (Form AR2) to the Commissioner of the Rating and Valuation (“Commissioner”) within 60 days after the term of a “regulated tenancy” commences.

If the relevant landlord, without reasonable excuse, refuses or neglects to comply with this requirement, the landlord commits an offence and will be liable on conviction to a fine of HK$10,000; and in the case of a continuing offence, to a further fine of HK$200 for each day during which the offence continues. In addition, the landlord of a “regulated tenancy” may not maintain an action to recover any rent under the tenancy unless the Notice of Tenancy is endorsed by the Commissioner.

Should licensees or their clients who are landlords of “regulated tenancies” have any queries about the requirements under the Ordinance, please click here to visit the RVD’s website or call the RVD’s telephone enquiry hotline at 2150 8303.