Partial Rental Deposit Returned

Posted by ash6t (247 days ago)

My land lord has returned only a part of the Rental Deposit to me.

My problem is this: The contract was signed between me and a limited company. My land lord is the sole director of the company, so he signed for and on behalf of the company. The registered address of the company is an overseas address. The Small Claims Tribunal says that I should file a claim against the company, not the land lord in person, further more as the address is not a local address, they cannot accept the claim. If I am to use the flat that I rented as the address, it is not a given that my land lord would be served the notice. Furthermore, they say that I cannot use the residential address of the land lord which is a HKG address to serve him the notice even though he is the sole director of the company. What do I do??

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Posted by Jalous Uranus (246 days ago)

Your claim is against the limited company, not the director of it. Do a search of the company at the Companies Registry to check whether it has a locally registered address (as it should do).

Posted by ash6t (246 days ago)

Jalous Uranus, Thanks for your reply. I started out by doing a Company Search with the Companies Registry on the web and then at their offices in Queensway, but could not come up with any listing for the Company. I was directed to the Business Registry Offices in Wanchai and it was the same story there. After that I conducted a search with the Land Registry Department for the Flat which came up with a Memorial No. on the basis of which an Imaged Document search, the Sale deed for the flat gave me the registered overseas P.O. Box for the company.

Which is why I thought I could send the notice to the Land Lord, the sole Director of the Company's local Residence.

Posted by Patrick Yiu (246 days ago)

Many landlords hide their identity by using company registered at BVI. Trace is a deadend when it comes to foreign address. Try to get the company secretary/treasurer address, which is ususally an accounting firm or law firm in HK to help the landlord set up the company. Go from there, good luck!

Posted by ash6t (246 days ago)

Patrick Yiu, Thanks for your reply. As you have correctly observed about the BVI registration, such is the case with me too. I have managed to get the Memorial Copy in which the Solicitor representing my Land Lord( his Limited Company) is mentioned. What I am wondering is how do I approach the solicitor, what should I be asking??( Pardon my ignorance!!)

Posted by Patrick Yiu (246 days ago)

If the deposit is in a substantial amount, I'm afraid you have to hire a lawyer to deal with this, the landlord already have one represents him, then you're on the down side.

What should you ask? I've no idea of your story, what causes the deposit not being refunded completely? Have you moved out of the place? Lease expires? .......