b) Excluded Tenancies
Tenancies specified in Schedule 6 of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) are excluded from the tenancy regulations on subdivided units. Such tenancies include:
- A tenancy of which the landlord is the employer and the tenant is the employee in possession of the premises in accordance with the terms and conditions of the tenant’s employment, being terms and conditions requiring the tenant to vacate the premises on ceasing to be so employed;
- A tenancy:
- that is not a sub-tenancy;
- the subject premises of which are demarcated as a bedroom in a unit of a building in the latest building plan of the building, which is the latest building plan approved by the Building Authority under the Buildings Ordinance (Cap. 123) as at the date on which the occupation permit in relation to the building is issued; and
- the landlord of which is a natural person and residing in the unit at the commencement of the tenancy;
- A tenancy of premises under the Hong Kong Housing Society’s “Letting Scheme for Subsidised Sale Developments with Premium Unpaid”.
- A tenancy held from:
- the Government;
- the Hong Kong Housing Authority;
- the Hong Kong Housing Society;
- the Hong Kong Settlers Housing Corporation Limited;
- the Urban Renewal Authority (or any of its wholly owned subsidiaries);
- a tenancy held from a social services organization;
- a tenancy of premises that is subsisting at the time when the regulation is in effect (i.e., 22 Jan 2022).
If the relevant tenancies of the premises being rented out satisfy any of the above, they are excluded from regulation under Part IVA of the Ordinance.