just want to clarify the rent law??

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  1. #1

    Join Date
    Nov 2006
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    Question just want to clarify the rent law??

    ok....

    the contract is for 2 years with an option for both parties to break after 1.

    we have been told by phone from the agent (the landlord doesnt speak english) approx one month before the first year was up that we need to vacate.

    we have not received anything in writing registered or otherwise from the landlord.

    obvioulsy we would like to legally delay any moves to stop this tenancy at this point in let.

    i was hoping that all subsquent corespondence or telephone calls would be null and void. The only thing that would legally stand up is registered mail.

    also we heard from the agent some talk of the landlord wanting to reposses the property for his own use ...although it is a limited company....and then goes on to offer a new tenanacy at a much higher level.

    this makes me think they dont feel confident about kicking us out and are making up the "own use" excuse.

    Also could i demand a letter stating the "own use" intention??

    So many questions...i know but i have been reading a lot of the faq's on this matter but none seem to cover these points.

    thanks in advance....guys

    Last edited by zazz; 27-09-2007 at 01:19 PM.

  2. #2

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    The first thing you should do is read the break clause in your contract, carefully. Have not seen your rental contract, but the a standard would have a break clause requiring one month's written notice after 12 months, requiring you to vacate, if notice is received, at the end of the 13th month. The notice probably does not have to be sent registered and with some contracts verbal notice is sufficient. Honestly, you should just ask the agent to provide the notice, and get packing within 30 days of receipt or you may end up with all sorts of problems and legal fees. You also don't have any right to know what the LL will be doing with the property once you vacate (provided that he terminated the contract properly in accordance with the terms). If he wants to re-let at a higher rate that is his perogative.

    Last edited by hello_there; 27-09-2007 at 01:43 PM.

  3. #3

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    yes..you do speak the voice of reason but i was just hoping that we would need a letter from the landlord...as a point of law.

    so we are just taking the word of an estate agent who may have their own motives.

    otherwise the legal system of hk can run on a handshake and a promise...but that would be a disaster.

    seems to me that when i wrote a letter in the past on another disconected matter and handed it on to someone...they just said they had lost it..and i had to pay another month.

    im probably just clutching at straws but you cant blame a man for trying.


  4. #4

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    You certainly should insist on receiving a signed notice letter from the LL regarding the termination of you tenancy. If the estate agent is doing everything verbally, insist that they comply with the terms of the lease so that you can do the same. You are definitely right in that it doesn't seem smart to move on verbal notice from an estate agent. Hope it all works out well.


  5. #5

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    Just tell the estate agent that you need written notice as per the contract. A verbal notice from a seemingly unauthorized third party is not enough to make you pack your bags and leave.

    Also, PLEASE read your contract. The 12 month break is usually in the tenants favor and landlords usually do not have the privilege of breaking the lease at 12 months. (I recall that being standard a few years ago..)


  6. #6

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    Quote Originally Posted by KnowItAll
    Just tell the estate agent that you need written notice as per the contract. A verbal notice from a seemingly unauthorized third party is not enough to make you pack your bags and leave.

    Also, PLEASE read your contract. The 12 month break is usually in the tenants favor and landlords usually do not have the privilege of breaking the lease at 12 months. (I recall that being standard a few years ago..)
    Yeah, this is the case with our contract. After 13 months, we can break it, but the landlord can't until the full 2 year lease is up.

  7. #7

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    I tend to agree with KIA. Tenancy agreements I have seen in the recent past have the 12+1/2 month break clause only for the tenant. When was this tenancy first entered into? The whole "landlord for their own use" exemption is also a thing of the past.


  8. #8

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    I also agree although I have seen evidence of contracts that are literally 1+1 in favour of both parties. In these cases most LL will use that so they are able to increase rental income although that itself is not a valid reason to exercise a break so other excuses will be offered.


  9. #9

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    not anymore.
    most of the people I know are on 1y + 1y contract with mutual break clause after 1 year given 1 month notice.

    i suppose if you are paying like 50k per month you probably can negotiate for better terms. but the templates from the housing agents are no longer single sided optionality.