Landlord's Guide to Rent Recovery

Q1｜When can you exercise 'termination/forfeiture of lease'?

• If rent is overdue for more than 15 days after it is due, the law generally presumes that the landlord can exercise the right to forfeit/terminate the lease.
• If the tenant pays the overdue rent before the landlord formally repossesses the unit, they can usually 'save the lease'.
• It is recommended to first send a rent demand + breach warning letter (specifying the amount, deadline, and consequences) and keep records of delivery, to facilitate future legal proceedings.

Q2｜What to do if the lease or CR109 is not stamped?

• Stamping (印花): Stamp it at the Inland Revenue Department within 30 days of signing; otherwise, it cannot be used as evidence in civil litigation. It is recommended to handle it online via e-Stamping.
• CR109 (Residential Tenancy Agreement Notification): Submit it free of charge within 1 month of signing the lease; if overdue, it can be submitted later (with a fee). If CR109 is not submitted, the landlord cannot sue to recover rent.
• Tip: If you find it's missed, handle it immediately to avoid affecting the legal right to recover rent.

Q3｜What are the methods for handling unpaid rent?

The general recommendation is: first, chase the rent (send a rent demand and breach of contract warning letter to keep records), then decide whether to file a lawsuit based on the tenant's response.

Lands Tribunal: Repossession + Rent Recovery + Mesne Profits

• Initiate legal proceedings only when the tenant truly does not pay or goes missing. The Lands Tribunal is the most comprehensive option, allowing simultaneous applications for unit repossession, recovery of unpaid rent, and mesne profits. The tribunal has the authority to issue orders covering rent, mesne profits, and disposal of abandoned property.

Small Claims Tribunal (SCT): Only for Money Recovery, Not Repossession

• Applicable for monetary claims of unpaid rent ≤ HK$75,000; it cannot issue repossession orders.

For detailed procedures on "repossession," please refer to 〈Landlord vs. Tenant Troubles: From Behavioral Characteristics to Practical Strategies for Rent Recovery and Repossession〉

Q4｜Can I replace the lock or cut off utilities myself?

• Not feasible! The lease (even if not explicitly stated) implies "quiet enjoyment," meaning the landlord must not interfere with the tenant's normal use.
• If the landlord privately cuts off utilities, changes locks, etc., the tenant can counter-sue for breach of contract and even claim compensation (cases show compensation can reach six figures).
• Do not take action on your own; instead, pursue owed rent through legal channels.