d) Determination of Regulated Tenancy

d) Determination of Regulated Tenancy

A tenancy which fulfils all of the following conditions is a regulated tenancy under Part IVA of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) :

1. the tenancy commences on or after 22 January 2022;
2. the tenancy is a domestic tenancy;
3. the subject premises of the tenancy are a subdivided unit;
4. the tenant is a natural person;
5. the purpose of the tenancy is for the tenant’s own dwelling; and
6. the tenancy is not one specified in Schedule 6 to the Ordinance, i.e. the tenancy is not an excluded tenancy.

Lands Tribunal

Any person, including landlord and tenant, having an interest in any premises may apply to the Lands Tribunal to determine whether or not a tenancy for the premises is a regulated tenancy for the purpose of Part IVA of the Ordinance.

Applicants are required to file with the Registrar of the Tribunal a notice of application substantially in accordance with Form 22 (Part B of Form 22 be completed) in order to set out the nature of the application. For application details, please refer to the Tribunal webpage.

Commissioner of Rating and Valuation

If a dispute arises as to whether a tenancy of any premises is a domestic tenancy (see item (2) above) and the primary user of the premises is relevant to the dispute, the landlord or tenant of the premises may apply to the Commissioner of the Rating and Valuation Department (the Commissioner) for the issue of a primary user certificate for the premises in Form TR4 at no fee.

Before the Commissioner issues a primary user certificate for any premises, the Commissioner must carry out an inspection of the premises for the purpose of determining the primary user of the premises. If the evidence available as to the primary user of the premises is satisfied, the Commissioner must issue a primary user certificate as to the primary user of the premises on the day of the inspection and serve on the landlord and tenant. Otherwise, the Commissioner must issue a notice declining to express an opinion as to the primary user of the premises.

The certificate shall, for all purposes, be evidence of the facts set out in the certificate and of the primary user of the premises as at the day when they were inspected.

However, if the Commissioner has already issued a primary user for any premises, no further application may be made for the premises before the expiry of 1 year from the day on which the primary user certificate is issued.

A landlord or tenant of any premises may also apply to the Commissioner for the issue of a primary user certificate for the premises, even though no dispute arises as to whether the tenancy is a domestic tenancy. In such cases, the applicant is required to submit Form TR4D at a fee and propose in the application form a day (other than a public holiday) on which the Commissioner may carry out an inspection of the premises.

For application details, please refer to the notes of the relevant forms available on the Rating and Valuation Department’s webpage.