Statutory protection for domestic tenancies in Hong Kong

Pao Yue-kong Library Electronic Theses Database

Statutory protection for domestic tenancies in Hong Kong

 

Author: Jim, Yuen-shan
Title: Statutory protection for domestic tenancies in Hong Kong
Degree: M.Sc.
Year: 2000
Subject: Hong Kong Polytechnic University -- Dissertations
Landlord and tenant -- China -- Hong Kong
Housing policy -- China -- Hong Kong
Lease and rental services -- Law and legislation -- China -- Hong Kong
Department: Multi-disciplinary Studies
Dept. of Building and Real Estate
Pages: x, 102 leaves ; 30 cm
Language: English
InnoPac Record: http://library.polyu.edu.hk/record=b1659031
URI: http://theses.lib.polyu.edu.hk/handle/200/5196
Abstract: In Hong Kong, tenants of private domestic tenancies are under the protection security of tenure. Before the mid-night of 31 December 1998, domestic tenancies of pre-war premises, and premises built between 17 August 1945 and 18 June 1981 and first let on or after 10 June 1983 were subject to rent control. It is common that rent control has associated legislations to provide security of tenure. This system was in force before the expiration of rent control. The system imposed limit on rental increase on lease renewals. It also provided tenants with security of occupation to prevent landlord's arbitrary eviction, i.e. security of tenure. Rent control was first introduced in Hong Kong in 1921 as a temporary measure. At that time, the Government was not very involved in housing programme. The 1953 fire triggered the Government to turn more active in housing schemes. In recent decades, rent control is in fact part of the Government's housing policy. Since the Government promulgated the first long term housing programme in 1972, she has launched a number of housing schemes to promote home ownership. Statistics between 1994 and 1998 indicated that the total number of domestic households and households of owner-occupiers had been increasing but the same situation existed for households belonging to private rental housing, which accounted for about 1.2 million. Such circumstances reveal that the society requires existence of security of tenure to protect tenants. This study was carried out through literature review, desk study, questionnaires, interview and case study. Results of the study leads to the conclusion that: ending of rent control system leaving behind the security of tenure is in match with the housing policy; security of tenure is accepted in the society, especially among the low income group; and Government should be responsible for housing for people who need assistance. Moreover, the study comes to recommendations that: compensation for dispossessed tenants by landlords on ground of self-occupation or rebuilding is accepted mostly among low income group respondents but some suggested that consideration should be made on the financial abilities of landlords and tenants; the security of tenure system should be reviewed every two years; and there should be an appeal channel on the compensation ruled by the Lands Tribunal.

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