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Chloe Lai

A last-minute amendment to legislation originally designed to give landlords the right to evict tenants after their lease expires may cause the government to withdraw the bill.

The amendment,  presented by Liberal Party chairman James TienPei-chun,  would give tenants paying less than $3,000 a month a further three years' protection under the present arrangements.

Currently, tenants can not be forced out of a flat after the expiry of their lease so long as they continue to pay market-rate rent. The only exceptions are if landlords wish to occupy the flat themselves, or if it is to be redeveloped.

Democrats vowed to support the Liberals' measure if their own amendment, which extended protection indefinitely for tenants paying less than $5,000 a month, was defeated.

The government has argued landlords needed more rights to deal with tenants who cause damage to properties.

The Liberal Party amendment would exempt about 35,000 tenants from the government's proposed measure, which would see security of tenure on all residential tenancies revoked.

Mr Tien  said he supported the government's aim of freeing up the rental sector by removing the restrictions.

'But we should also protect the grass-root tenants by giving them more time to adjust to the changes,' he said.

Officials described the  sudden amendment as extremely unfair to low-income landlords. They also said it would continue to distort the market and set a de facto minimum rent.

'We'd rather withdraw the bill than let the amendment pass,' officials said.

The Democratic Party's original amendment would have exempted about 120,000 tenants in perpetuity.

That proposal was virtually assured of defeat so the government had decided to press ahead with the bill.

But the Democrats' support for the Liberals' amendment has forced the government to reconsider its approach.

Deputy Director of Housing Tam Wing-pong  said: 'How can I tell low-income landlords that they have to wait another three years to enjoy the benefits?

'How can I justify to them that they will be treated differently just because they are charging their tenants less than $3,000 a month?'

Mr Tam  suggested low-income landlords needed the reforms most, as they had the least resources to fight  difficult tenants.

'These low-income landlords are precisely the people who need our assistance ... They do not have extra money to take the tenants to court if they want to get their property back. Wealthy landlords already have the resources to do something if they come across unco-operative  tenants,' he said.

Mr Tien  defended his decision to present the amendment.

He said: 'I have been telling them to make the changes but they keep refusing even though this was our last meeting.'

Assistant housing director Gilbert Ko Kwok-yiu  said the Liberal Party's amendment would encourage landlords to set their rent at a level slightly higher than $3,000.



Attempts to soften eviction law could see bill kicked out of Legco