The right to a safe and habitable dwelling

As a tenant, you should have the right to live in a safe, wearable dwelling. This means the property should be in good repair and meet relevant safety standards. If any repairs are needed, the landlord must arrange for them to be carried out.

The right to privacy

As a tenant, you should have the right to privacy in your dwelling. This means that the landlord should not enter the property without your permission, except in certain circumstances, such as for repairs or inspections.

The right to quiet enjoyment

As a tenant, you should have the right to quiet enjoyment of the property. This means that you should not be disturbed by excessive noise or other disturbances caused by the landlord or other tenants.

The right to a safe and habitable dwelling

As a tenant, you should have the right to live in a safe, wearable dwelling. This means the property should be in good repair and meet relevant safety standards. If any repairs are needed, the landlord must arrange for them to be carried out.

The right to privacy

As a tenant, you should have the right to privacy in your dwelling. This means that the landlord should not enter the property without your permission, except in certain circumstances, such as for repairs or inspections.

The right to quiet enjoyment

As a tenant, you should have the right to quiet enjoyment of the property. This means that you should not be disturbed by excessive noise or other disturbances caused by the landlord or other tenants.

The right to seek legal advice

If you have any concerns or questions about your tenancy, you can seek legal advice from a qualified lawyer. This can help you better understand your rights and obligations under the tenancy agreement and ensure your interests are protected.

The right to complain

If you feel that your rights as a tenant have been violated, you have the right to make a complaint. This can be done through the Housing Authority or the Consumer Council, depending on the nature of the complaint.

Under certain circumstances, you may have the right to terminate the tenancy agreement early. This may be possible if the landlord fails to fulfil their obligations or if the property is unsafe or uninhabitable.

Yes, it is strongly suggested that you have a written tenancy agreement outlining all key terms.

Yes, you can contact them for help but it strongly suggested you get a written agreement and keep rental recipts.

Suppose you feel the property agent representing you has acted inappropriately or unfairly. In that case, you also have the right to complain to the estate agents regulation body, the Estate Agents Authority.

The Race Discrimination Ordinance protects people against discrimination and harassment based on their race in renting a flat. You can contact the Equal Opportunities Commission. It can be contacted at 2511 8211 or www.eoc.org.hk

Tenants also have the right to receive a receipt for rent payments and to have their rental deposit placed in a designated security deposit account. Landlords are required to return the deposit to the tenant at the end of the tenancy, less any amount owed for unpaid rent or damages.

Suppose there is a disagreement over the amount of the deposit being withheld. In that case, several steps can be taken to resolve the dispute before filing a claim with the Small Claims Tribunal.

Review the lease agreement

The first step in resolving a dispute over a security deposit is to review the lease agreement signed by both the landlord and the tenants. The lease agreement should contain information about the security deposit, including the amount, how it will be used, and any conditions under which it may be withheld.

Attempt to mediate the dispute

Before taking legal action, trying to mediate the dispute with the landlord can be helpful. Mediation is a process in which an impartial third party helps the landlord and tenants to agree on the security deposit. Several organizations in Hong Kong offer free mediation services for disputes between landlords and tenants, such as the Lands Department and the Hong Kong Housing Authority.

File a complaint with the relevant government agency

If the dispute cannot be resolved through mediation, tenants may file a complaint with the relevant government agency, such as the Housing Department or the Consumer Council. These agencies may investigate the dispute and make recommendations to the landlord and tenants.

File a claim with the Small Claims Tribunal

If the above steps do not result in a resolution, the tenants may decide to file a claim with the Small Claims Tribunal. The Small Claims Tribunal is a court that handles disputes involving small amounts of money, typically less than HKD 50,000. The tenant must complete a claim form and pay a filing fee. The fee varies depending on the claim amount, but it is generally between HKD 50 and HKD 1,500.

Preparing for a case at the Small Claims Tribunal

(i) Gather evidence
Before filing a claim with the Small Claims Tribunal, tenants should gather evidence supporting their claims, such as receipts, photographs, and witness statements.

(ii) Fill out the necessary paperwork
The tenants should complete the claim form provided by the Small Claims Tribunal and file it with the court. It’s important to ensure that all the required information is included.

(iii) Calculate the amount of the claim
Before filing the claim, tenants should calculate the amount of money they seek from the landlord. This amount should include the security deposit and any additional damages the tenants have incurred due to the dispute.

(iv) Representing yourself in court
In Small Claims Tribunal, tenants can represent themselves and do not need a lawyer. But if tenants think it would be beneficial to have a lawyer represent them, they are allowed to have one.

(v) After the hearing
Once the hearing is over, the judge will decide and issue an order. If the tenants win, the court will order the landlord to return the security deposit or pay damages to the tenants.

It is important to note that the exact procedures and requirements for filing a claim with the Small Claims Tribunal can vary depending on the jurisdiction. It is recommended to consult with the Small Claims Tribunal or an attorney familiar with the specific local rules and requirements. Tenants will be responsible for the attorney’s fees if they hire a lawyer.