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Should I get a lawyer? (Lands Tribunal)

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  1. #11

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    Quote Originally Posted by WineLuver:
    ........said I have sufficient evidence to proceed on my own; it is a simple case and his reasons (these conditions make it uninhabitable yet I will continually live in it but not pay rent) are not justified.
    sorry to burst the bubble, cages homes and other types of units are by definition uninhabitable, but people still live in these circumstances.

  2. #12

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    Quote Originally Posted by JAherbert:
    sorry to burst the bubble, cages homes and other types of units are by definition uninhabitable, but people still live in these circumstances.
    I think you're missing the point. The OP's tenant is claiming that the unit is uninhabitable, but the tenant wants to continue living in it without paying rent.
    Scorpio01 likes this.

  3. #13

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    Representation aside, lawyers generally will sit down with you for 3-5000++++ for an “hour” (often 50 minutes) to give you advice.

    For run of the mill low stakes (“admin stuff” as I call it), Yip Tse Tang is good. Criminal or serious money on the line, look elsewhere.


  4. #14

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    You can avoid the initial consult fee and get a free consult through the duty lawyer scheme. No guarantees on how good or experienced the lawyer is.

    https://www.clic.org.hk/en/topics/le...alAdviceScheme


  5. #15

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    Quote Originally Posted by Beanieskis:
    I think you're missing the point. The OP's tenant is claiming that the unit is uninhabitable, but the tenant wants to continue living in it without paying rent.
    tenant is arguing its uninhabitable so refusing to pay rent. OP said the lawyer reasoning was essentially: "its uninhabitable but continues to stay although its uninhabitable"

    that position doesn't hold water, it is flawed because lots of people stay in units that are uninhabitable, e.g. caged homes, etc.

  6. #16

    Firstly, stop waiting for the law to save you. You got to be proactive, and lay out a paper trail.


    Send your tenant a letter asking immediately for access to the plumber / renovator/ whoever + management staff (neutral) + yourself to access the property and 1) assess the damage 2) take photos 3) get quote. Follow up with telephone call, and email tenant and management company as well.

    Stress that time is of the essence to fix the problem


    THEN afterwards can you set your plan further in motion.

    Issue tenant with a letter stating that
    1. the place is habitable
    2. when did tenant first notice the leak, and
    3. It was his duty to to inform you of the the leak. Get dates, specifics .
    If he says it is recent leak, then he cannot claim backwards in time.
    If he says it has been a long time, then that is his problem because he did not notify you.

    and also since the 1st repair ask him to provide evidence that he had notified you that the problem came up again.

    You need to be smart.

    First, get management and renovator in there to see and take videos, pictures.
    He says it is inhabitable but he is still living there, but refusing to give access to fix the problem ?

    Get your evidence and paper trail in order.

    traineeinvestor likes this.

  7. #17

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    Quote Originally Posted by JAherbert:
    tenant is arguing its uninhabitable so refusing to pay rent. OP said the lawyer reasoning was essentially: "its uninhabitable but continues to stay although its uninhabitable"

    that position doesn't hold water, it is flawed because lots of people stay in units that are uninhabitable, e.g. caged homes, etc.
    But this isn't a vulnerable person living in a cage home who has no options, and pays anyway. This is someone who is meant to be paying market rent, who if he doesn't like it could simply leave and go and rent somewhere else. The landlord then would have his property back and can do any works required. The tenant is using the "uninhabitable" argument as an excuse to pay nothing!
    traineeinvestor likes this.

  8. #18

    Update:

    The Tribunal's interpreter was quite good. The Judge brought a very similar case, and concluded that:
    - Landlord has no responsibility to disclose issues. It is responsibility of the tenant to check and accepts as-is.
    - Issues in the flat, even those structural ones, cannot be used as a justification to not pay rent. They are two independent issues.
    - Tenant to pay Tribunal 2 months overdue rent + legal fees, which will be transferred to the landlord. Seven days given.

    I prepared a grand speech, but unfortunately got to say none of it. Court was very efficient and clear.

    The tenant was arguing with the judge (yes... really) saying that it is unfair... how can you side with a foreigner.... etc
    The judge told him that Law is clear and the only option for him is to go Small Claims Tribunal for mental damages lawsuit if it is below $75000. Tenant replied he will for sure sue me (well, good luck) and it exceeds $75000 so will go to higher court.


  9. #19

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    give us the speech here

    shri likes this.

  10. #20

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    Any time someone threatens to sue (especially in HK) you know that you have won. Well done. Tenant was being a dick.

    "Mental damages" from a cracked tile. Good God, what have we become?


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