Q5. Can the tenant recover the utility fees and non-permitted fees that have been overcharged?
On a conviction of an offence of overcharging the utility fees or charging non-permitted fees under the Landlord and Tenant (Consolidation) Ordinance (Cap. 7), in addition to imposing a fine, the magistrate may order the landlord to repay to the tenant any money received from the tenant other than, or in excess of, that the landlord is entitled or permitted to receive. There is no need for the tenant to institute a separate civil action to recover the amount concerned.