Cap. 7activeordinance

Landlord and Tenant (Consolidation) Ordinance

業主與租客(綜合)條例

Full legislation

s.120AAZL

Offence in relation to tenant’s payment of money other than certain types

(1)
A landlord of a regulated tenancy commits an offence if the landlord requires
                the tenant to pay, or the landlord otherwise receives from the tenant, any money in
                relation to the tenancy other than those falling within the following
types—
(a)
specified rents;
(b)
specified rental deposits;
(c)
reimbursement of charges for any of the specified utilities and services
                    payable by the tenant under the tenancy;
(d)
damages for the tenant’s breach of the tenancy.
(2)
A person who commits an offence under subsection (1) is liable on a first
                conviction to a fine at level 3, and on a second or subsequent conviction to a fine
                at level 4.
(3)
For an offence under subsection (1), the mistaken belief of the person charged
                as to the money the person is entitled or permitted to receive is not a
                defence.
(4)
On a person’s conviction of an offence under subsection (1), the magistrate
                may, in addition to imposing a fine, order the person to repay to the tenant any
                money received from the tenant other than that the person is entitled or permitted
                to receive under this Part.
(5)
In subsection (1
)—
specified rental deposits
(
指明租金按金
) means rental deposits payable by a tenant
                under a regulated tenancy as permitted under
section 120AAZC
;
specified rents
(
指明租金
) means rents payable by a tenant under a regulated tenancy as
                permitted under this Part.
(6)
For the purposes of the definition of
specified rents
in
                subsection (5), if the tenancy is a second term tenancy, the reference to rents is a
                reference to renewed rents.