想請問,租客不肯交租,欠租多久才可入稟土地審裁處?如何收舖?另可否入稟小額錢債審裁處追討?

一般來說，除非租約另有規定，法例已隱含契諾令業主可於租客欠租的第十五日後沒收租客的租住權，業主可向租務法庭申請收回樓宇；如果業主經土地審裁處收樓並追租，在遞交申請收樓書後，須把審裁處已蓋章的申請通知書副本送達答辯人，若租客未能於七天/十四天(視乎情況而定)內提交反對通知書，業主可以向審裁處申請無須審訊而作出判決；若果租客欠款不超過五萬元，業主可經由小額錢債審裁處追討。

1. The law in Hong Kong has not specify how soon you can file your case.

However, in general speaking, most landlords will not file cases against tenants until the following has lapsed/occurred:

a. Grace period (pre-determined or de facto) for rent payment; and/or,

b. Security deposit can no longer cover the past due rent.

It will be about 40-60 days after the rent was supposed to be due.

2. If you win your case, the Land Tribunal will issue an order allowing you to repossess the property. In that case, the tenant will be ordered to move out.

If not, you can request Bailiff for assistance.

3. No. You will have to pick either the Small Claims Tribunal or the Land Tribunal. As soon as you pick a tribunal, another tribunal will lose jurisdiction of the case.

(Generally, the Land Tribunal is a better tribunal for rent issue as it has an unlimited jurisdiction on land issues. However, the Small Claims Tribunal only has a limited (up to $50,000) jurisdiction on all issues.)

This also explains in some cases, barristers will appear in the Land Tribunal.)