Tenancy Matters
The Rating and Valuation Department (“RVD”) administers the Landlord and Tenant (Consolidation) Ordinance (Cap.7) (“LTCO”). LTCO concerns matters relating to landlords and tenants, tenancies and related matters.
The Landlord and Tenant (Consolidation) (Amendment) Ordinance 2021 which has taken effect on 22 January 2022 is to regulate tenancies of subdivided units (“SDU”s). The main provisions are in Part IVA of LTCO. Other parts of LTCO in force include Part III which concerns distress for rent; Part IV which applies to domestic premises; and Part VI which relates to small tenements recovery.
RVD provides the following services: free advisory and mediatory services to landlords and tenants on tenancy matters; endorsing the Notice of Tenancy and processing forms; handling complaints about tenancy matters; and taking enforcement action against the offences under the provisions. For assistance, you may contact RVD or use RVD’s service on tenancy matters at the Lands Tribunal and five District Offices.
Processing Forms
Form Number | Form Title | RVD’s Service | Purpose / Requirements under LTCO |
---|---|---|---|
CR109 | Form CR109 Landlord and Tenant (Consolidation) Ordinance – Part IV Notice of New Letting or Renewal Agreement |
Endorsement of Notice of New Letting or Renewal Agreement | The landlord or principal tenant of a domestic tenancy shall not be entitled to maintain an action to recover the rent under the relevant tenancy agreement unless the Commissioner of Rating and Valuation (“Commissioner”) has endorsed the notice. The landlord may lodge the completed Form CR109 with the Commissioner for endorsement without charge, within one month from the date on which both parties entered into or renewed a tenancy. If this requirement is not complied with, a fee of $310 will be payable. |
AR2 | Form AR2 Landlord and Tenant (Consolidation) Ordinance (Cap.7) Part IVA – Regulated Tenancies Notice of Tenancy |
Endorsement of Notice of Tenancy | The landlord of a regulated tenancy may not maintain an action to recover any rent under the tenancy unless the notice is endorsed by the Commissioner. The landlord of a regulated tenancy must complete and submit a “Notice of Tenancy” (Form AR2) to the Commissioner WITHIN 60 DAYS after the term of the tenancy commences or is taken to commence under Part IVA of LTCO. The landlord who refuses or neglects to comply with the requirement without reasonable excuse commits an offence and is liable on conviction to a fine at level 3 (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. |
AR3 | Form AR3 Landlord and Tenant (Consolidation) Ordinance (Cap. 7) Part IVA – Regulated Tenancies Form for Tenant’s Enquiry about Notice of Tenancy (Form AR2) |
Handling enquiries about Form AR2 | This form is for use by a person who:
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AR4 | Form AR4 Landlord and Tenant (Consolidation) Ordinance (Cap. 7) Part IVA - Regulated Tenancies Form for Tenant to Lodge a Complaint |
Handling complaints about landlord suspected of committing offence(s) under Part IVA of the Ordinance | This form is for use by a person who:
|
TR4 | Form TR4 Landlord and Tenant (Consolidation) Ordinance (Cap. 7) Section 115A(3) in Part IV New Tenancies of Domestic Premises or Section 120AAZQ(1) in Part IVA Regulated Tenancies Application for a Certificate of Primary User |
Issue of Primary User Certificate | A primary user certificate for any premises issued by the Commissioner shall, for all purposes, be prima facie evidence (unless proved otherwise) of the facts set out in the primary user certificate; and of the primary user of the premises as at the day of the inspection. |
TR4D | Form TR4D Landlord and Tenant (Consolidation) Ordinance (Cap. 7) Section 115A(4) in Part IV New Tenancies of Domestic Premises or Section 120AAZQ(2) in Part IVA Regulated Tenancies Application for a Certificate of Primary User (for use where a day of inspection is proposed) |
Issue of Primary User Certificate | A primary user certificate for any premises issued by the Commissioner shall, for all purposes, be prima facie evidence (unless proved otherwise) of the facts set out in the primary user certificate; and of the primary user of the premises as at the day of the inspection. |
TR25 | Form TR25 Landlord and Tenant (Consolidation) Ordinance (Cap. 7) Section 75A(2) in Part III or Section 128A(2) in Part VI Application for a Certificate of Rateable Value |
Issue of Certificate of Rateable Value | For determination as to whether proceedings under Part III or Part VI of LTCO is applicable. |
RVD’s Service on Tenancy Matters at the Lands Tribunal
RVD officers are stationed daily at the Lands Tribunal to advise on tenancy matters relating to the Landlord and Tenant (Consolidation) Ordinance (Cap. 7).
Address of the Lands Tribunal : 38 Gascoigne Road, Yau Ma Tei, Kowloon
Opening Hours: | Mondays to Fridays | 8:45a.m. to 1:00p.m. 2:00p.m. to 5:30p.m. |
(closed on Saturday, Sunday and Public Holidays) |
RVD’s Service on Tenancy Matters at the following five District Offices
District Office | Address | Days and Time of Service (except Public Holidays) |
---|---|---|
Wan Chai | Grd. Flr., 2 O' Brien Road, Wan Chai, H.K. Tel. : 2575 2477 |
Tuesday mornings 9:15 a.m. – 12:30 p.m. and Wednesday afternoons 2:15 p.m. – 5:45 p.m. ( prior booking IS required ) |
Yau Tsim Mong | Grd. Flr., Mong Kok Government Offices, 30 Luen Wan Street, Mong Kok, Kln Tel. : 2399 2111 |
Friday afternoons 2:30 p.m. – 5:45 p.m. ( prior booking IS required ) |
Kwun Tong | Grd. Flr., Eastcore, 398 Kwun Tong Road, Kwun Tong, Kln. Tel. : 2342 3431 |
Tuesday afternoons 2:30 p.m. – 5:45 p.m. ( prior booking IS required ) |
Tai Po | Grd Flr., Tai Po Government Offices Building, 1 Ting Kok Road, Tai Po, N.T. Tel. : 2654 1262 or 2654 1239 |
Second and fourth Thursday afternoons of the month 2:30 p.m. – 6:00 p.m. ( prior booking is NOT required ) |
Tsuen Wan | 1st Flr., Tsuen Wan Station, Multi-storey Carpark Building, 174-208 Castle Peak Road, Tsuen Wan, N.T. Tel. : 2492 5096 (Counter: 2412 3935) |
First and third Thursday mornings of the month 9:00 a.m. – 12:30 p.m. ( prior booking is NOT required ) |