《評論》土地審裁處答辯一問

2008-10-30 2:58 am
When the landlord will apply to court to take a legal action against the tenant
by the Lands Tribunal, they will proceed the following proceedure :-

(1) prepare a Notice of application (Form 22) for issue an action by the Lands Tribunal;
(2) post up the same application Form 22 in the same place (租住地址);
(3) By orinary post in an envelope with Form 22 to the same place;
(4) The Tenant (Respondent will have 14 days to filed a Notice of Opposition;
(5) within 3 days affirm the said Affirmation of Service for serving the same
Form 22;
(6) If the tenant have not filed an Notice of Opposition with the court, the
Landlord will have a right apply to court for default judgment against the
Tenant (Respondent) ;
(7) The Landlord will be need to prepare a notice of proceeding to post up
the same place (租住地址) 3 day and give a tenant (Respondent) within
28 days to paid the payment;
(8) If the tenant have not paid the debt, the landlord will prepare
Affirmation of service for apply to court for order for possession;
(9) when the court will read the same documents, If the landlord have strong
evidence, the court will granted an order for possession to landlord.
(10)The final procedure from the landlord:-
(i) the landlordwill prepare Writ of possession;
(ii) lodging the documents for court approval;
(iii) If the court have no amendment, the landlord need the court fee for
expeness; around one week the Bailiff will contact the landlord for make an
appointment for first view;
(iv) Around 2 weeks the bailiff will contact the same landlord again for make an appointment for 2nd view;
(v) If the Bailiff visit the same place as vacant, the bailiff will apply to court
for an order for break open;
(vi) Around 1 week the bailiff will contact the same landlord again for make
an appointment for 3rd view (break open);
(vii) When the locksmith open the door, the place has not any asset in the
same, the bailiff will hand over the said premises to the landlord.

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