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Waterworks (Waterworks Regulations) (Amendment) Ordinance 2021 – Protect tenants from being overcha

In light of the enact of the Waterworks (Waterworks Regulations) (Amendment) Ordinance 2021, the amended Regulation 47 of the Waterworks Regulations only allows a registered consumer of the WSD (usually the landlords) to recover from the occupants of the premises (usually the tenant) the water charge paid to the WSD.  If the amount recovered by the landlord exceeds the water charge paid to the WSD, the landlord shall be guilty of an offence. Offenders are liable to a maximum fine of HK $ 10,000.  The amended WWR strengthens the protection of tenants of subdivided units from being overcharged for water.

To avoid any dispute arising from recovery of the water charge, landlords of subdivided units should discuss and agree with their tenants a suitable and acceptable apportionment.   Landlords or tenants may also consider applying to the WSD for the installation of separate water meters for subdivided units to enable tenants to pay water charge based on the water consumption

The WSD has been stepping up inter-departmental joint inspections and streamlining the application procedures for the installation of separate water meters, publicity and education efforts have also been strengthened, with a view to enhancing the deterrent effect in preventing subdivided units’ tenants from being overcharged for water by the landlord.

The WSD has all along been encouraging the public to report unscrupulous landlords for overcharging tenants of subdivided units for water. A relevant option has been available under its enquiry hotline on 2824 5000.  After calling the hotline, the public can choose language (1, 2 or 3 (Cantonese, Putonghau or English), and then press "7" to select the option of "Report Water Overcharge of subdivided Units " for reporting to the staff direct.

Meanwhile, the WSD will continue to conduct proactive patrols in suspected subdivided units to investigate any situation of overcharging for the use of water. Prosecution will be instituted should there be sufficient evidence.

Points to note when collecting water charges for subdivided units

Landlords

• The amount recovered from the tenants in respect of water supply should not exceed the water charge paid to the WSD

• Landlords should discuss and agree with their tenants a suitable and acceptable apportionment

• If you are not the consumer of the premises and not obtain the permission of the Water Authority, you are not allowed to recover the water charge from the tenants, otherwise you will contravene the relevant regulation.

• Landlords should provide the tenants with a receipt for the water charge transaction and should also keep the receipt properly to avoid disputes in the future.

Tenants

• Tenants should discuss and agree with the landlords a suitable and acceptable apportionment method

• Tenants should request the landlords to provide a receipt for the water charge transaction and should also keep the receipt properly to avoid disputes in the future.

• Tenants should report to the WSD if they suspect that the landlords overcharge them for water.

Estate Agents

• When formulating tenancy agreement for the landlord and tenant of the subdivided units, the estate agents should provide them with appropriate suggestions on the water supply charging arrangement according to the actual situation of the subdivided units in order to comply with the requirements of the amended Waterworks Regulations

For more details of the Scheme for Installation of Separate Water Meters for Subdivided Units , please refer to the web sites below:

• Scheme for Installation of Separate Water Meters for Subdivided Units