problems getting deposit returned?

Hi


I recently vacated a flat in Wanchai on expiry of lease. Keys were left with the front desk as per Landladies instructions. The flat was in good order apart from normal wear and tear and supposed to be inspected 1st July and deposit returned by bank transfer.


Since then I have had no reply to emails or telephone. If this continues I will need to take this further as the deposit was $48K.


Where does the tenant stand under HK law on this issue?


Kind regards


R

Below please find the reply from our legal advisor:


“The refund of deposit upon expiry of a lease depends on the terms of the lease. Since the particular tenancy agreement concerned is not available, advice can only be given based on common tenancy agreements.





You will need to check the terms of you own tenancy agreement, but a usual term in Hong Kong tenancy agreements would require landlords to refund the security deposit to the tenant within 7 days after the expiration or sooner determination of the said term. This is, however, subject to the tenant having delivered vacant possession of the premises, and settled all outstanding rents, rates, management fees, utility charges or other outgoings laid under the agreement. The tenant may also be liable to restore the premises to a state of good and tenantable repair, but fair wear and tear is acceptable.





Where the tenant fulfills all the above, he or she may make a request to the landlord for the refund of the security deposit. If the landlord fails to comply, the tenant may file a claim for the deposit of $48,000 at the Small Claims Tribunal, which accepts monetary claims of $50,000 or less. Parties at the Small Claims Tribunal are not allowed to be represented by lawyers.”


Hope this is of some help, Community Advice Bureau