Landlord of subdivided units under regulated tenancies convicted of failing to submit Notice of Tenancy within prescribed period
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In mid-May 2023, the Rating and Valuation Department (RVD) discovered that the landlord was suspected of failing to submit Form AR2 within the prescribed period for two regulated tenancies of SDUs when performing its duties. Upon in-depth investigation and evidence collection, the RVD prosecuted against the landlord.
Pursuant to Section 120AAZT of the Ordinance, the landlord of a regulated tenancy must submit a completed Form AR2 to the Commissioner to notify the particulars of the tenancy within 60 days after the term of the regulated tenancy commenced. A landlord who refuses or neglects to comply with the above requirements without reasonable excuse commits an offence and is liable to a fine at level 3 ($10,000), and in the case of a continuing offence, to a further fine of $200 for each day during which the offence continues.
A spokesman for the RVD stresses that SDU landlords must comply with the relevant requirements under the Ordinance, and also reminds SDU tenants of their rights under the Ordinance. Apart from following up on reported cases, the RVD has been adopting a multipronged approach, with close liaison with other departments, to proactively identify, investigate and follow up on cases concerning landlords who are suspected of contravening the Ordinance.
To this end, the RVD and the Water Supplies Department have been carrying out joint visits to SDUs to understand directly from the tenants if their landlords have committed any offence. The RVD also proactively requires landlords of regulated tenancies to provide information and reference documents of their tenancies for checking whether the landlords concerned have complied with the requirements of the Ordinance. If a landlord, without reasonable excuse, refuses to provide the relevant information or neglects the RVD's request, the landlord commits an offence and is liable to a fine at level 3 ($10,000) and to imprisonment for three months. Moreover, the RVD also provides a form (Form AR3) to enable tenants of regulated tenancies who have not yet received a copy of endorsed Form AR2 to provide the basic tenancy particulars to the RVD by electronic means or in paper form, so as to enquire whether the RVD has received the relevant Form AR2 for the department's follow-up as appropriate. Depending on the actual circumstances and having regard to the information and evidence collected, the RVD will take appropriate actions on individual cases, including instigating prosecutions against suspected contravention of the Ordinance.
The RVD spokesman appeals to members of the public to come forward and report to the RVD promptly any suspected cases of contravening the relevant requirements. This would help curb illegal acts as soon as possible. Reporting can be made through the telephone hotline (2150 8303), by email (enquiries@rvd.gov.hk), by fax (2116 4920), by post (15/F, Cheung Sha Wan Government Offices, 303 Cheung Sha Wan Road, Kowloon), or in person (visiting the Tenancy Services Section office of the RVD at Room 3816-22, 38/F, Immigration Tower, 7 Gloucester Road, Wan Chai, Hong Kong, and please call 2150 8303 to make an appointment).
For enquiries related to regulated tenancies, please call the above telephone hotline or visit the RVD's webpage (www.rvd.gov.hk/en/our_services/part_iva.html) for the relevant information.
Ends/Friday, October 6, 2023
Issued at HKT 16:00
Issued at HKT 16:00
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