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b. Tenants or occupiers of affected flats 

 

A tenant, sub-tenant, or lawful occupier may also have a role in water seepage proceedings. Under the Building Management Ordinance (Cap. 344), an “occupier” generally refers to a person lawfully occupying a flat but does not include the owner. 

 

A tenant or occupier may join the owner as a co-plaintiff if they personally suffered loss, discomfort, inconvenience, or disturbance caused by the seepage. For example, a tenant living in the affected flat may claim general damages for interference with the ordinary enjoyment of the premises. 

 

In practice, tenants are often the first persons to discover seepage and may report it to the owner, the management office, the Incorporated Owners, or the Joint Office for Investigation of Water Seepage Complaints. 

 

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