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In Hong Kong, the methods by which a tenant can object to repossession (i.e. the landlord terminating the lease and taking back the property) depend on the specific circumstances, including the type of lease, the terms of the lease and the legal process. Here are some steps and considerations that tenants can take to help them deal with repossession:
Legal Basis and Tenant Rights
Landlord and Tenant (Consolidation) Ordinance (Cap. 7)
- This regulation stipulates the rights and obligations of landlords and tenants, especially for the rental relationship of residential properties.
- Fixed term: If the lease has not expired, the landlord usually does not have the right to terminate unilaterally unless the tenant violates the terms (such as defaulting on rent, damaging the property, etc.).
- Periodic lease (such as monthly rent): The landlord must issue a valid notice in accordance with the Ordinance (such as a "Termination Notice") and comply with the statutory notice period (usually one month).
Lease terms take precedence
- Tenants should carefully review the "termination of the tenancy" clause in the lease, such as:
- Whether owners are allowed to take over the property early under certain circumstances (such as self-residence, reconstruction, etc.).
- Whether the format and time limit of the termination notice comply with legal requirements.
Conditions for the owner to legally take over the property
If the owner wants to take back the property, he must meet one of the following conditions:
- Tenant breach of contract(Such as arrears of rent, illegal use of property, etc.).
- Lease not renewed after expiration, and the landlord has given a valid notice of termination.
- The owner cited the "reasonable grounds" in the Ordinance:
- Self-occupied or occupied by immediate family members.
- The property requires reconstruction or substantial repairs.
- The tenant agrees to terminate the lease (written proof is required).
Specific steps for tenants to oppose repossession
Confirm whether the owner’s reason for repossession is legal
- If the landlord takes possession of the property on the grounds of "self-occupation", the tenant can ask him to provide proof (such as a sworn statement) and question its authenticity (for example, whether the landlord has other properties available for living).
- If the owner claims to be "rebuilding", he or she must provide a building permit or related documents.
Check the legality of the termination notice
- The notice must be in writing and given to the tenant and comply with the statutory notice period (usually one month).
- If the notice is in the wrong format or not given in accordance with the regulations, the tenant may regard it as invalid.
Objection to the Lands Tribunal
- If the landlord has applied for a "Possession Order" from the Lands Tribunal, the tenant must submit a "Statement of Defence" within the specified period (usually 14 days) and provide evidence (such as records of timely rent payment, failure of the landlord to fulfill obligations, etc.).
- You can apply for legal aid (if you are eligible) or hire a lawyer to help you.
Seek mediation or negotiation
- Before the Tribunal hearing, the parties may try to reach an agreement through mediation (such as extending the lease term, adjusting the rent, etc.).
Report an illegal eviction to the police
- If the landlord forcibly changes the locks, cuts off water and electricity, or harasses the tenant without legal procedures, the tenant can call the police and apply for an injunction from court.
Gathering evidence
- Keep documents such as rent payment records, copies of leases, landlord notification letters, etc., as these may become key evidence in opposing repossession.
- If the landlord behaves inappropriately (such as harassment or illegal entry into the unit), the tenant can take photos, record audio, or call the police as evidence.
Strategies in real cases
- Rent arrears: If the landlord repossesses the property for non-payment of rent, the tenant can prove in court that the outstanding amount has been paid, or request a grace period to make up the payment.
- Lease not expired: If the lease is still valid, the tenant can claim that the landlord has no right to take back the property early and request to maintain the lease relationship.
Common defenses
- The owner failed to comply with the legal procedures(if no valid notice has been given).
- The reason for repossession is untrue(such as falsely claiming to be self-occupied).
- The tenant has repaired the breach(Such as back payment of rent).
- The owner fails to properly maintain the property(Breach of maintenance obligations in the lease).
Precautions
- Keep all written evidence, including lease agreements, rent payment records, communication records, etc.
- Do not move out on your own, unless a repossession order is received from the court.
- Seek professional help:
- Contact the Society for Community Organization (SOCO) or the Legal Aid Department.
- Consult an attorney familiar with tenancy law.
Avoid confrontational behavior
Tenants should not lock the door on their own or refuse to return the unit, which may result in legal consequences.
- Time sensitive: After receiving a notice from the landlord or the court, tenants need to act quickly because the legal process has strict time limits.
Use of legal process
- Write down the reasons on the application form and submit an objection notice to take possession of the property
- After the repossession process is completed, submit an objection notice in the abandonment order
- The owner objected again, saying that he did not give enough time to clear the area.
Relief for first rent default
Tenants who default on rent for the first time may apply to the court or the Lands Tribunal for a grace period. Usually, the court will give the tenant an opportunity to pay all outstanding rent and the landlord's legal costs within a specified period of time. This grace period may be set at the hearing of the application, or it may run for a specific period after the order for possession of the property is made. This mechanism is known as "Relief against forfeiture of tenancy rights through litigation for non-payment of rent" and is governed by the Hong KongSection 21F of the High Court Ordinance (Cap. 4) governs. You can apply to the court or the Lands Tribunal for a grace period. Usually, the court will give the tenant an opportunity to pay all outstanding rent and the landlord's legal costs within a specified period of time. This grace period may be set at the hearing of the application, or it may run for a specific period after the order for possession of the property is made. This mechanism is known as "Relief against forfeiture of tenancy by litigation for non-payment of rent".
Summarize
The key for tenants to oppose the repossession of the property is to confirm whether the landlord’s actions comply with legal requirements and actively safeguard their rights through legal means. If the terms of the lease are clear and the landlord has no valid reasons, the tenant has the right to refuse to move and to fight for his or her legitimate rights and interests through the Land Tribunal.
In short, the key for tenants to oppose the landlord's repossession of the property is to take reasonable and legal measures based on the lease and legal provisions. If the situation is complicated, it is recommended to consult a professional (such as a lawyer or property consultant) as soon as possible to protect your own rights and interests.
