Recovery of Possession Service

Landlord may sometimes encounter difficult tenants who are unable to pay rent on time, or in breach of the tenancy agreement. In order to protect the interest, the landlord can apply to the Lands Tribunal to forfeit the tenancy and recover possession of property.

Our team can provide professional advice and apply on behalf of the landlord to the Lands Tribunal to recover possession. The application service including:

  1. Filing an application to the Lands Tribunal

  2. Service of notice to the respondent (the Tenant)

  3. Apply for judgment of the court

  4. Apply for a Writ of Possession

  5. Accompany the applicant (the Landlord) and the Court Bailiff to execute the Writ of Possession

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How long does it take to apply for repossession?

 

The entire repossession process is mainly divided into three steps, and the time will be determined by each case, but each process takes a certain amount of time, and the fastest time is about three months.

The first step is that the landlord needs to submit a notice of application to the Lands Tribunal, together with the stamped tenancy agreement and other tenancy documents, and submit it to the Tribunal for registration. After that, a copy of the notice should be sent to the tenant, and a copy of the notice should be affixed to the door of the unit for three consecutive days. After completion, a copy of the notice should be sworn in at the Lands Tribunal within a few days.

The second step is to apply for a judgment, which takes about two to three days, but the premise is that the tenant has not made an objection within seven days of receiving the application notice. If the tenant has objections, they need to wait for the hearing, which will take about half a month or more.

The last step is to come to the door to take back the unit. After the owner gets the judgment, he will apply for a repossession writ, and the bailiff will execute the court order to take back the unit. The time required will depend on the bailiff's schedule of the district, and the average waiting time is about one to two months.

 

Does the landlord have to wait 7/14 days to recover the arrears of rent?

 

Generally speaking, unless otherwise stipulated in the tenancy agreement, there is an implied covenant in the law that the landlord can forfeit the tenant's tenancy rights after the fifteenth day after the tenant owes the rent, and the landlord can apply to the Tenancy Tribunal for repossession of the building.

Tenancy Management Service

T: (852) 2139-6698

F: (852) 3971-0820

tenancy@mail.centanet.com