What constitutes 'Trespassing' by Landlord?

Can anyone help me with the definition of trespassing by a landlord on my terrace (which I pay rent for) without my permission? The contractors they employed errected scaffolding on my terrace whilst i was at work without advising me. The only 'legal access' to the terrace would be through my flat. They would have been walking around on my terrace and also, for some days, stored the bamboo on my terrace whilst the scaffolding was errected up the rest of the 29 floors.

Is it correct that the work is for the entire building and that the landlord owns the entire building?

that is correct.

How did the contractors get into your flat without your permission? Breaking and entering? If so, that's a police matter. The law is not clear on this as it depends on the covenant with your landlord. But generally speaking, a landlord must give 14 days' notice. See Cap and Section below.




Chapter: 7

Title: LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE

Section: 24

Heading: Landlord may enter and effect necessary repairs



(1) A landlord and his servants and agents may-

(a) at all reasonable times, enter and inspect the premises the subject of the tenancy with a view to ascertaining whether they require any necessary repairs; and

(b) after service upon the tenant of 14 days' notice in writing of intention so to do, enter upon the premises the subject of the tenancy and effect all necessary repairs.


(2) For the purposes of this section, "necessary repairs" (必需的修茸) means any repairs which the tenant would be required to perform were he under covenant with the landlord to keep the premises in a tenantable state of repair.

I don't believe they actually went through my flat, but built up the scaffold and accessed the flat roof/terrace that way. With no notice to me whatsoever. And proceeded to store the remainding scaffold on 'my'(?) terrace.

That might come under Cap 7 Section 119V. It might be an idea to approach the Lands Tribunal for clarification.


1) Any person who unlawfully deprives a tenant or sub-tenant of occupation of any premises commits an offence and is liable on conviction on indictment by the court-

(a) on a first conviction, to a fine of $500000 and to imprisonment for 12 months;

(b) on a second or subsequent conviction, to a fine of $1000000 and to imprisonment for 3 years.

(2) Subject to subsection (3), any person who, in relation to any premises-

(a) either-

(i) does any act calculated to interfere with the peace or comfort of the tenant or sub-tenant or members of his household; or

(ii) persistently withdraws or withholds services reasonably required for occupation of the premises as a dwelling; and

(b) knows, or has reasonable cause to believe, that that conduct is likely to cause the tenant or sub-tenant-

(i) to give up occupation of the premises; or

(ii) to refrain from exercising any right or pursuing any remedy in respect of the premises,

commits an offence and is liable on conviction on indictment by the court-

(i) on a first conviction, to a fine of $500000 and to imprisonment for 12 months;

(ii) on a second or subsequent conviction, to a fine of $1000000 and to imprisonment for 3 years.

(3) A person does not commit an offence under subsection (2) if he proves that he had reasonable grounds for doing the act, or withdrawing or withholding the services, concerned.

(4) Where a person is convicted of an offence under subsection (1) or (2), the court, in addition to passing sentence, may order the person convicted-

(a) to pay to the tenant or sub-tenant such sum as it thinks fit by way of compensation for damage, loss or inconvenience suffered by the tenant or sub-tenant by reason of the conduct constituting the offence;

(b) to forfeit to the Government a sum not exceeding the equivalent of the difference at the date of the contravention between the market value of the premises with vacant possession and the market value of the premises with the former tenant or sub-tenant in possession.

(5) In this section-

"premises" (處所) includes part of any premises.

As always Claire, you ARE a STAR! That should cover it if the other one doesnt.