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Q1. Would a landlord residing in one of the subdivided units be a sufficient condition to exempt the tenancies of other subdivided units from the regulation of the Part IVA of the Landlord and Tenant (Consolidation) Ordinance?

 

If the following three conditions are satisfied, then the tenancy is excluded from the application of Part IVA of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7).

 

A tenancy:

  1. that is not a sub-tenancy;
  2. the subject premises of which are a bedroom in a unit; and
  3. the landlord of which is a natural person and residing in the unit at the commencement of the tenancy.

 

In this context, the term “bedroom” has been specifically defined under Section 1 of Schedule 6 to mean: “in relation to a building, means premises in a unit of the building that are demarcated as a bedroom in the latest building plan of the building”.

 

In other words, the exclusion only applies when the primary landlord rents out a bedroom so demarcated as in the approved building plan of a premise in which he/she has been residing. If the subdivided unit being rented is not “a bedroom in the latest building plan of the building”, the above exclusion does not apply. Likewise, the exclusion will not apply if the tenancy is a sub-tenancy.

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