A subdivided unit landlord who failed to comply with relevant requirements pleaded guilty at Eastern Magistrates' Courts today, in the first conviction for contravening the relevant ordinance since it came into force on January 22.

The landlord failed to produce copies of the bills and provide an account in writing when requiring the tenant to pay for the reimbursement of the apportioned water and electricity charges, in addition to failing to provide the tenant with a rent receipt.

In breach of the Landlord & Tenant (Consolidation) Ordinance, the landlord was fined a total of $6,600 for six offences in relation to water and electricity charges and an offence in relation to failure to provide a rent receipt. 

The Rating & Valuation Department received in mid-May a complaint about a person failing to provide the relevant information when requiring a subdivided unit tenant to pay for the reimbursement of the apportioned water and electricity charges.

Upon in-depth investigation and evidence collection, the department prosecuted the landlord of the regulated tenancy suspected of contravening the ordinance.

Pursuant to the ordinance, when a landlord of a regulated tenancy requires the tenant to pay for the reimbursement of the charges for any of the specified utilities and services as a separate payment from the rent, the landlord must produce for the tenant copies of the relevant bills and provide an account in writing showing how the amounts are apportioned, and that the aggregate of the apportioned amounts does not exceed the billed amounts.

In addition, a landlord of a regulated tenancy must provide the tenant with a receipt within seven days after receiving the amount of rent paid by the tenant.

The department hopes this first conviction can send a strong message to subdivided unit landlords that they must comply with the relevant requirements under the ordinance as well as remind subdivided unit tenants of their rights under the ordinance. 

People may report suspected cases to the hotline 2150 8303 or by email to enquiries@rvd.gov.hk, by fax to 2116 4920, by post or in person at the department’s office at 15/F, Cheung Sha Wan Government Offices.