To prevent landlords of subdivided units (SDUs) from overcharging their tenants for water, the Waterworks Regulations (WWR) were amended last year. Apart from taking joint actions with other departments to find out whether tenants have been overcharged for water and to step up enforcement, the Water Supplies Department (WSD) has also implemented a pilot scheme for the installation of separate WSD water meters for SDUs to avoid disputes between tenants and landlords, and to prevent landlords from breaking the law inadvertently when recovering charges for water from tenants. This time, I have invited a WSD colleague to talk to us about the pilot scheme. An SDU landlord and a tenant will also share with us why they decided to join the scheme and tell us about the situation following the successful installation of separate water meters.

Reminding landlords not to break the law

Recently, a landlord pleaded guilty to overcharging his SDU tenant for water at Kowloon City Magistrates’ Courts and was fined $5,000. This is the first convicted case of overcharging SDU tenants for water. According to the Regulation 47 of the WWR, if a registered consumer of the WSD (usually landlords) charges the occupants of the premises (usually tenants) more than the water charges paid to the WSD, the registered consumer shall be guilty of an offence and be liable to a maximum fine of $10,000.

Launching the pilot scheme and streamlining the application procedures for separate water meters

Apart from taking action in accordance with the law against persons suspected to have overcharged someone for water, a pilot scheme and streamlined procedures for the installation of separate water meters for eligible SDU tenants have been implemented since June 2021. According to the WSD colleague in charge of the scheme, SDUs that have separate plumbing systems for individual units can participate in the scheme. With just minor alterations to the systems, these units can meet the criteria for the installation of WSD’s water meters.

Under the pilot scheme, SDU landlords can apply for the installation of separate water meters for their SDUs. SDU tenants can also directly make such requests to the WSD which will then approach the respective landlords. Technical support will be provided as necessary so that separate water meters can be installed for the SDUs as soon as possible. If the landlords refuse to file applications at the tenants’ requests, WSD will then closely monitor the water charges collected by the landlords for the concerned SDUs and will carry out a follow-up investigation if overcharging is suspected.

Regarding the eligibility criteria, SDU landlords or those responsible for the management of SDUs may apply, but only premises for domestic purposes that have been split into two or more units (but usually no more than five) are eligible. The SDUs are also required to have individual plumbing systems. After the registered consumers have had the water meters installed, all the meters will have their individual water bills that clearly show the meter readings and charges for each SDU. As at mid-July this year, 12 applications have been approved under the pilot scheme. It is expected that more SDU landlords and tenants will initiate applications after knowing more about the scheme. After reviewing the operation of the scheme, the WSD will make adjustments to the scheme details as and when necessary.

To assist in the installation of separate water meters for SDUs, the WSD has lined up social services organisations and the associations of plumbers that are concerned about SDUs to run a voluntary services programme to provide technical advice regarding the pilot scheme and to install separate water meters for the SDUs that have approved under the scheme for free.

Reducing SDU tenants’ water expenses

Miss YIM, an SDU tenant in Shum Shui Po, says that her water expenses have been reduced from more than $80 a month to around $80 a quarter after the installation of a separate WSD water meter. Her neighbour does not even have to pay for water. In fact, the installation of separate water meters can help avoid disputes arising from the sharing of water charges between SDU landlords and tenants. Besides, SDU tenants, like other households, are provided with a free supply of 12 cubic meters (about $50) of water. The pilot scheme can indeed create a win-win situation.

Landlords to avoid breaking the law inadvertently

An SDU landlord Mr CHUNG welcomes the pilot scheme launched by the WSD because he is afraid of breaking the law inadvertently and has no intention to overcharge his tenants for water. He says that after the WSD has installed separate water meters for his tenants, he no longer has to spend time on taking the meter readings and doing the calculation for splitting the water bills among the SDU tenants. He adds that, after handing in the application, he received an approval after only 10 working days and the process went through smoothly.

Inter-departmental efforts to strengthen joint inspections and step up publicity

The Development Bureau, the Housing Bureau, the Rating and Valuation Department (RVD) and the WSD have formulated a joint operation plan to combat illegal acts of overcharging for water and electricity. The RVD and the WSD will conduct joint operations to handle complaints and initiate inspections. Not only gaining advantages of synergy, but the two departments also strengthening the exercise of statutory powers to obtain relevant information from the landlords in respect of their payments/collections of reimbursements for water and electricity charges.

Moreover, the WSD and the RVD will further publicise the Landlord and Tenant (Consolidation) (Amendment) Ordinance 2021 and the amended WWR through various channels and means including TV, radio and department websites. With the above strengthened measures and collaborative efforts of various departments and non-government organisations, we believe that the ordinances can be more effectively enforced to better protect SDU tenants.