D. Submission of Form CR109

D. Submission of Form CR109 

1. Submission of CR109 Form by the Landlord
    
   1. The landlord or the landlord’s representative/agent has to submit a Form CR109 (Notice of New Letting or Renewal Agreement) after entering into a new residential tenancy agreement (including both fresh letting and renewal) to the Commissioner of the Rating and Valuation Department (RVD) for endorsement within 1 month from the date on which the parties have entered into a new tenancy or renewal agreement.
   
   
   2. It is not necessary to submit a Form CR109 for a written residential tenancy agreement for a fixed term of 5 years or longer which contains no provision for earlier termination by the landlord and payment of premium or increase in rent during the fixed term.


2. Consequence of non-submission
    
   1. A landlord shall not be entitled to maintain an action to recover the rent under the tenancy agreement unless the Commissioner of the Rating and Valuation Department has endorsed a Form CR109 for the tenancy agreement.


3. Availability of Form CR 109
   
   Form CR109 can be obtained by the following means:
    
   1. downloaded from RVD website at
      http://www.rvd.gov.hk/doc/en/forms/cr109.pdf
   
   
   2. from RVD office at
      15/F, Cheung Sha Wan Government Offices 303 Cheung Sha Wan Road Kowloon
   
   
   3. from Inland Revenue Department’s Stamp Office at:
      3/F, Revenue Tower, 5 Gloucester Road, Wan Chai
   
   
   4. from District Offices
      Address information: http://www.had.gov.hk/en/contact_us/comment_c.htm


4. Means of Submission
   
   Form CR 109 can be submitted by the following methods:
    
   1. In person or by post to RVD
       

      Address:15/F, Cheung Sha Wan Government Offices at 303 Cheung Sha Wan Road, Kowloon

      Opening hours:Monday to Friday from 8:15 am to 6:00 pm

      
      #Note: The above addresses and opening hours are for reference only. Please verify the addresses and opening hours with the relevant department and website.
   
   
   2. Via Internet
      The e-CR109 at http://eforms.rvd.gov.hk/eform/apps/RVD-eform.jsp
      
      Fax submission will not be accepted.


5. Fees
    
   1. Submission of Form CR109 within 1 month of the date of tenancy agreement: free of charge.
   
   
   2. Submission of CR109 after 1 month of the date of the tenancy agreement: late submission charge $310.


6. Payment Method
   
   For submission made after 1 month of the date of the tenancy agreement, the landlord can pay the late submission charge by the following methods:
    
   1. In person
      by cash or cheque crossed and made payable to “The Government of the HKSAR”
   
   
   2. By post
      through a cheque crossed and made payable to “The Government of the HKSAR”
   
   
   3. E-form payment:
      by PPS or credit card, or by a crossed cheque within 14 days after e-form submission.


7. Processing Time
    
   1. RVD will endorse the CR109 within 1 month and send the endorsed form to the landlord and the tenant separately.


8. Enquiries / Checking Progress of Endorsement
    
   1. For general enquiries, you may telephone the 24-hour customer service hotline of RVD at 2152 0111. For Rent Officer service or enquiries on the progress of an application, you may telephone to RVD at 2150 8229.


9. Information subject to change
    
   1. All information contains in this Guidance Notes may be subject to change or update without notice. Users of the E-package are advised to check and verify whether the information are up to date before using this Guidance Notes.