How to deal with renters

If the tenant owes rent, the landlord may consider taking the following actions:

A) take legal action to recover the rent in arrears

If the owner only wants to recover the rent in arrears but has no intention to recover the property, he may file a claim with the following tribunals/courts.

-Small Claims Tribunal: the amount claimed is not higher than HK$ 50,000 (please enter details here on how to prepare for court appearance (from the perspective of both parties));

-District Court: the amount claimed is more than HK$ 50,000, but not more than HK$1million;

Court of First Instance of the High Court: There is no upper limit on the amount of claim.

Owners of residential properties are also required to submit a notice of new lease or renewal to the Rating and Valuation Department within one month after signing the lease documents (Form CR 109). Unless the Commissioner of Rating and Valuation has endorsed the notice, even if the tenant fails to pay the rent, the landlord has no right to take legal action according to the relevant lease documents. However, even if the owner fails to submit the notice within the specified month, he can still make up the notice after paying the 500 yuan surcharge.

B) Confiscate the lease (repossess the property) and recover the rent in arrears.

If the landlord thinks that the tenant has moved out of the property or will not pay the rent for the remaining lease term, the landlord not only intends to recover the rent in arrears, but also wants to recover the property. In this case, the owner may apply to the following courts/courts to exercise the right to confiscate the lease:

Land tribunal;

-District Court: the rent arrears shall not exceed HK$10 million, and the rateable value of the property concerned shall not exceed HK$ 240,000;

-The Court of First Instance of the High Court: there is no upper limit on the amount of rent owed.

If the owner wins the case, he can apply to the tribunal/court for a writ of takeover. After the court issues a writ of takeover, the court bailiff will recover the property on behalf of the owner.

Jurisdiction of the High Court

It is worth noting that although the High Court has the right to handle any of the above claims, if the case involved falls within the jurisdiction of the District Court or the Lands Tribunal, the High Court may refuse to accept it.

C) seizure order

Property seizure refers to the seizure, detention and sale of movable property (such as goods, furniture or electrical appliances) found in leased property to pay off the rent owed. This kind of seizure order is mostly used when the lessee is still operating in the leased property. Part III of the Landlord and Tenant (Consolidation) Ordinance regulates the procedures and forms for applying for AIO.

AIO's application is made in the form of unilateral application, that is, the lessee has no opportunity to make any statement (or defense) before the judge. This is to prevent tenants from deleting all their assets after learning about the application.

The owner must submit an affidavit to the court to support his application. If the court accepts the owner's application, it will issue an attachment order. The bailiff of the court may enter the relevant property, seize the movable property found in the property and obviously owned by the tenant, and sell it to pay off the rent owed. Because the legal procedures involved in the seizure order are quite complicated, most of them are handled by professional legal personnel.

2006-11-07 23: 47:18 supplement:

Five measures to prevent tenants' MPF/2005112/property/ge _ ge01The following are personal experiences. For example, your friend's residential unit is really troublesome, because if you come out as a tenant, you will generally not own the property. Even if you win the lawsuit, you may not be able to seal up or recover the arrears. If you rent a shop or an office building, you'd better check whether the company or individual has real estate first. If there is, if you win the lawsuit in court in the future, you are not afraid that he will say that there is no money, because there is property as collateral. Reference: CLIC/CH/Topics/ Landlord _ Tenant /Failuretopayrent/Q 1. S, your friend has.

Because the application to the court will take several months to be resolved,

If you want to change jobs, you have to cut off water and electricity first, and 90% people will leave soon because it is inconvenient. There is no way. China and Hongkong laws protect tenants.

The only way to deal with renters is to recover the unpaid rent through legal channels, and then ask the bailiff to come to the door to collect the rent. When the third witness opens the door, the interests and safety of the owner can be protected. If there are no people or things in the house, the owner can recover the property through normal and simple legal procedures. This may take several months, but it will only ensure the interests of the owners and deal with tenants more effectively.

P.s. anti-rent bully

Oc/news/200503 19, reference: China Hong Kong Owners Association oc/,