Can a Landlord Use Certification to Evict or Raise Rent?
4 Protections for BHU Tenants
The Basic Housing Units Ordinance regulates a landlord's registration and certification duties. The Ordinance itself grants landlords no power to raise rent or evict tenants "because certification is required." But as certification and renovation work roll out, some tenants understandably worry they'll be targeted by their landlord under that pretext. This article sets out, from a tenant's perspective, the protections that actually exist today — and what the certification regime itself cannot do — while also giving landlords a clear reference point, so they don't make unnecessary or even unlawful decisions based on a misreading of the Ordinance.
Where Does This Worry Come From?
The Society for Community Organisation (SoCO) published its Survey Report on Grassroots Tenants' Views on Substandard Subdivided Units and the BHU Policy in January 2025, surveying 211 tenants of subdivided units, cubicle rooms, and bed spaces (the survey period ran from December 2024 to January 2025). The results showed that 34.6% of surveyed tenants predicted or feared that, once the BHU regulatory regime took effect, their landlord would raise rent or impose extra charges citing certification or renovation. It's worth stressing: this is tenants' own prediction and fear about the future. SoCO did not survey landlords at the same time, so this figure does not mean landlords have actually stated such intentions — nor is it evidence of something already happening on a widespread scale.
That said, tenants' worry isn't entirely unfounded. Certification renovation involves real costs (such as fire-rated doors and separate electricity/water meters), and some landlords may well want to pass that expense on to tenants, or use renovation as a pretext to ask tenants to move out. That's precisely the question this article addresses: can a landlord legally do this? What protections do tenants actually have?
Let's Be Clear First: Certification Itself Is Not Grounds to End a Tenancy
The core of what the Basic Housing Units Ordinance (Cap. 658) regulates is the landlord's (the flat owner's) duty to complete grace-period registration or obtain BHU certification for subdivided units, or otherwise face potential criminal liability once enforcement takes effect on 1 March 2027. Throughout, the Ordinance regulates the registration and certification obligations between the landlord and the Housing Bureau — no provision grants a landlord the power to unilaterally terminate a still-valid tenancy simply because certification or renovation work is required.
In other words: a valid tenancy does not automatically lapse, nor can it be terminated early by the landlord, just because the unit needs to apply for BHU certification. If a landlord wants to take back a unit before the tenancy expires, they must still rely on the termination terms already set out in the tenancy agreement itself, or on general legal grounds such as tenant default (for example, rent arrears) — whether or not certification is involved does not, on its own, constitute grounds.
The 4 Protections Tenants Actually Have
Rather than presenting a neat-sounding but fictitious set of "BHU-specific tenant rights" that the Ordinance never actually wrote in, it's more honest to say: a tenant's protections come mainly from Hong Kong's existing general tenancy law and the tenancy agreement itself — not from any new special provisions added by the Basic Housing Units Ordinance. Here are the 4 angles tenants can actually rely on:
Once rent, tenancy term, and termination terms are written into the tenancy agreement in black and white, the landlord cannot unilaterally change them. Unless the agreement itself contains a rent-increase clause or a rent-review clause that allows the landlord to adjust rent under specified conditions, the landlord cannot raise rent mid-tenancy simply by citing "certification." Tenants should keep a copy of their tenancy agreement, and if the landlord proposes a rent increase or a change of terms, should first check the original text of the agreement for a corresponding clause.
The notice period for ending a tenancy is governed by the tenancy agreement's own terms and by Hong Kong's general tenancy law (including the Landlord and Tenant (Consolidation) Ordinance, Cap. 7) — it is not separately set by the Basic Housing Units Ordinance. This set of rules is not shortened or waived because a landlord needs to carry out certification or renovation work — a landlord who wants to take back a unit for renovation must still follow the termination or notice arrangements set out in the tenancy agreement and general law, and cannot demand a tenant move out immediately by citing "renovation for certification."
As noted above, the Basic Housing Units Ordinance contains no provision allowing a landlord to terminate a valid tenancy early because certification or renovation work is required. If a landlord claims "you need to move because of certification," the tenant can ask the landlord to point to the specific clause in the tenancy agreement that allows this — if the agreement has no such clause, the claim has no legal basis.
A tenant who suspects a landlord's rent-increase or eviction demand is unreasonable does not have to face it alone. Tenants can seek advice and assistance from the Society for Community Organisation (SoCO); tenancy disputes (such as a landlord breaching the agreement or an unreasonable eviction attempt) can be brought before the Lands Tribunal; and tenants facing financial hardship can check with the Legal Aid Department whether they qualify for legal aid, so a professional can help handle the matter.
To be honest: this isn't a "special protection" added by the Ordinance
Of the four points above, only "certification itself is not grounds for termination" relates directly to what the Ordinance regulates. The others rest mainly on the tenancy agreement itself and Hong Kong's general tenancy law, not on any exclusive right newly created for tenants by the Basic Housing Units Ordinance. The Ordinance's legislative intent is to regulate a landlord's registration and certification duties, not to rewrite the landlord-tenant relationship. Understanding this actually helps tenants judge more accurately whether a landlord's demand is reasonable — there's no need to expect the Ordinance to deliver a protection it never promised.
Most Landlords Aren't Looking for an Excuse
A fair balance needs to be struck here: the SoCO survey reflects tenants' worry — it does not mean most landlords actually intend to raise rent or evict tenants under cover of certification. In reality, most landlords are dealing with real renovation costs and a looming enforcement deadline; they're more concerned with how to become compliant and complete registration or certification on time, not with targeting tenants. A minority of cases where certification is used as a pretext for a rent increase or eviction do exist, but they shouldn't be read as the norm — doing so is unfair to landlords who are genuinely trying to comply, and doesn't help build trust between landlords and tenants.
For landlords, the most practical approach remains to act strictly within the tenancy agreement and general law, while planning early for grace-period registration and a certification timeline — rather than looking for ways to recoup costs from tenants. Compliance cost is something a landlord must bear themselves; forcing it onto tenants can not only risk breaching general contract and tenancy law, but also does nothing to advance the landlord's own compliance progress.
Frequently Asked Questions
Does the SoCO survey say 34.6% of landlords plan to raise rent citing BHU certification?
No. The survey SoCO published in January 2025 surveyed 211 tenants of subdivided units, cubicle rooms, and bed spaces — it did not survey landlords at the same time. The 34.6% figure is the proportion of surveyed tenants who predicted or feared that their landlord would raise rent or impose extra charges citing BHU certification or renovation in the future — this is tenants' own prediction and fear about what may happen, not a plan landlords have self-reported, and not something already happening on a widespread scale.
Can a landlord demand I move out simply by saying "certification is required"?
Not on that reason alone. The Basic Housing Units Ordinance regulates a landlord's registration and certification duties — no provision allows a landlord to terminate a still-valid tenancy early because certification or renovation is required. If a landlord wants to take back a unit before the tenancy expires, they must still rely on the termination terms already set out in the tenancy agreement, or on general legal grounds such as tenant default. If the landlord cannot point to a corresponding clause in the tenancy agreement, the demand has no legal basis.
Can a landlord raise rent mid-tenancy because of certification renovation?
Generally, no. Rent is part of the tenancy agreement's terms, and a landlord cannot change it unilaterally, unless the agreement itself contains a rent-increase or rent-review clause allowing adjustment under specified conditions. The cost of certification renovation is a compliance expense the landlord must bear themselves, and it does not automatically give the landlord the power to raise rent mid-tenancy. If the agreement has no such clause, the tenant can ask the landlord to show the basis for the increase.
Who can I turn to if I think my landlord's demand is unreasonable?
You can approach the Society for Community Organisation (SoCO), which has long followed housing-rights issues affecting subdivided-unit tenants; a specific tenancy dispute (such as a landlord breaching the agreement or an unreasonable eviction attempt) can be brought before the Lands Tribunal; and tenants facing financial hardship who need legal help can check with the Legal Aid Department whether they qualify. You don't have to face a landlord's demand alone or guess at the scope of your own rights.
Do all landlords want to use certification to target tenants?
No. The SoCO survey reflects the worry of some tenants — it does not mean this is a common practice among landlords. Most landlords are dealing with real renovation costs and a looming enforcement deadline, and are more focused on how to become compliant and complete registration or certification on time, not on targeting tenants. A minority of cases where certification is used as a pretext for a rent increase or eviction do exist, but they should not be treated as the norm — doing so is unfair to landlords who are genuinely trying to comply.