3. What major government departments are responsible
for governing tenancy matters in Hong Kong? To which department(s) should
a party go to if a tenancy dispute/problem arises?
   
The
Rating and Valuation Department
is responsible for administering the Landlord and Tenant (Consolidation) Ordinance
(Cap.7 of the Laws of Hong Kong). Regarding tenancy matters, it also provides
such services as endorsement of Notice of New Letting or Renewal Agreement , issuance of Certificate of Rateable Value and determination of the primary
use of a property (i.e. whether it is used as a domestic or business/non-domestic
premises). The Rent Officers of the Rating and Valuation Department will also
answer public queries on tenancy matters through a telephone hotline at 21508229.
The Lands Tribunal
is the major body responsible for handling tenancy disputes. Unlike the Court,
a tribunal is characterized by informality. For example, the judge sitting
at the Tribunal is called a presiding officer. The lawyer and the presiding
officer do not have to wear court dress. The presiding officer plays a more
intervening role and is more ready to discuss the issues with the parties.
If the dispute is purely about a monetary claim of $50,000 or less, then the
claimant can make the claims at the Small Claims Tribunal. If the amount of the claim is higher or the relevant legal issue is more
complex, then the parties can also bring the case to the District Court or
the Court of First Instance of the High Court (please refer to Part III "How to recover the outstanding rent and get back the property?" for more details).
|