Land Law Help - Tenant issued proceedings against Landlord

[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.


The tenant has a right to issue proceedings in the Small Claims Tribunal or the Lands Tribunal. You may retain a solicitor to act on your behalf in the Lands Tribunal, however, one cannot have legal representation in Small Claims Tribunal; if proceedings were brought there, then you must represent yourself in person or authorize someone (other than a lawyer) to represent you.


According to your facts, the tenant breached the tenancy agreement. However, the Landlord and Tenant Ordinance contains no provisions on repair liabilities. The usual arrangement is for the tenant to be liable for internal repairs and landlord for external. This case will have to be resolved in court by reference to the express or implied terms of the agreement and any evidence shown to the “fair wear and tear” and repair costs. As to a claim for courtroom costs, a judge may order costs against the tenant if it is found that you were in the right and the case was brought in a frivolous manner.


Weir & Associates

Solicitors & Notaries

16th Floor Tak Shing House

20 Des Voeux Road Central

Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

email : WeirLaw@weirandassociates.com

www.weirandassociates.com/weirlaw