Assessment Result
A money-only claim of no more than HK$75,000 falls within the Small Claims Tribunal's monetary jurisdiction. It cannot order the tenant out, and legal representation is not allowed. File Forms 1 and 2 in person, use the net arrears figure, and match every month in the calculation to the agreement and payment record.
A money-only claim above HK$75,000 and no more than HK$3,000,000 is outside the Small Claims Tribunal and generally belongs in the District Court. A larger claim requires a different court. A claimant may consider abandoning the excess to come within the ceiling, but cannot split one cause of action into several claims. If possession is genuinely sought too, Cap. 17 s.8(8) allows the Lands Tribunal to decide the uncapped money limb in the same Form 22 application.
Selected range: Your filing-cost snapshot
Small Claims Tribunal fees under Cap. 338B track the sum claimed, and Forms 1 and 2 are filed in person. A Cap. 7 Form 22 application costs HK$235. Lands Tribunal service, affidavit, opposition, judgment, sealing and enforcement steps can attract separate charges, so HK$235 is not a total case price.
Up to HK$5,000HK$20
HK$5,001 to HK$25,000HK$40
HK$25,001 to HK$50,000HK$70
HK$50,001 to HK$75,000HK$120
Easy Debt filing supportFrom HK$499
Official filing fees are separate. Our service covers the money-only Small Claims Tribunal branch, not possession work. See filing-support pricing
Government charges before filing
A late CR109 endorsement costs HK$310. Stamp duty and any late-stamping penalty depend on the agreement, its term and timing; pay them directly to the Government.
Possession points to the Lands Tribunal and Form 22. A Cap. 7 application carries a HK$235 filing fee, with later procedural and enforcement charges separate. We explain this route but do not provide possession services.
Possession plus arrears can be one case. Under Cap. 17 s.8(8), Form 22 can carry possession, rent, mesne profits and other money due under the tenancy; the money limb is not capped at HK$75,000.
Money only, within HK$75,000, points to the Small Claims Tribunal. File Form 1 and Form 2 in person. That forum can award money, but it cannot give possession of the flat.
Once possession is no longer disputed, focus the claim on the net debt and proof. Cap. 347 s.18 gives each rent instalment its own six-year clock from the date it fell due.
Deal with the paperwork before the claim: obtain the relevant RVD endorsement and complete stamping. The sources do not establish that a late endorsement will rescue proceedings already issued, so do not build a filing strategy on that assumption.
Missing CR109 endorsement under Cap. 7 s.119L(2) bars the action to recover rent under that agreement. It does not itself bar possession, mesne profits, damages or a distress warrant.
Missing stamp duty creates an evidence problem across civil proceedings. The agreement is not automatically void, but Cap. 117 s.15(1) prevents an unstamped chargeable instrument from ordinarily being received in evidence.
For a money-only claim above HK$75,000 but no more than HK$3,000,000, consider the District Court; a larger claim requires a different forum. Where a maintainable possession application exists, the Lands Tribunal can determine the money relief joined under Cap. 17 s.8(8) without that ceiling.
This checker provides procedural information, not legal advice. The Small Claims Tribunal does not permit barristers or solicitors to represent a party under Cap. 338 s.19(2).
No official end-to-end possession timeline was found. The Judiciary's 50-day pledge runs only from setting down a possession case to hearing; it is not a promise from filing to vacant possession.
