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Illegal Subletting

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  1. #1

    Illegal Subletting

    Hi guys a legal question. I know you guys have been great in the past, interested in some advice. I moved into a place a month and a half ago, a nice area and the landlord seemed nice. Since moving in things are not as they seemed and the landlord is not nice, in fact they do not even live in the Appartment. They have turned the kitchen into another bedroom and the cleaner they promised weekly never comes, that is just the start of it! The one renting the place has since admitted to me that they are subleasing it illegally to us. My question is what can I do should I notify the police or the agent? This is just the start, I am interested in your ideas, happy to share more details if I get a few helpful replys.


  2. #2

    Join Date
    May 2009
    Posts
    6,007

    I presume 'place' means room and not appartment, right?


  3. #3

    Join Date
    Feb 2011
    Location
    Hong Kong
    Posts
    6,372

    You're screwed. How much deposit do you have, I mean going to get screwed out of, I mean never see it again.

    You have no authority to say anything. You signed the lease. This is not a police issue. At best you go to court and who knows what will happen and you need to wait 6 months+.


  4. #4

    Join Date
    Aug 2010
    Location
    South of Sweden
    Posts
    4,034

    Do you have a rental contract?


  5. #5

    Join Date
    Aug 2005
    Location
    Clear Water Bay (In Da Jungle)
    Posts
    10,037

    So the people who you thought were the landlord is actually a tenant who is subletting the rooms individually. Police wont care, this is a small claims issue. you could get the so called LL that is renting it to you in trouble.


  6. #6

    Hi thank you for your replys so far. Yes the tenant told me I would be sharing with only them in a 2 bedroom place. They sent me a contract that we both signed. They have now asked me to move out with less that 1 months notice. My problem now is I have only 1 week until I go on holiday for a few weeks and get back after the date they want me out. The tenant has threatened to throw all my stuff away if I leave it in my room and do not move out. Any advice? I really want to stop them from doing this to others. I know other x tenants who are also thinking of taking legal action against the tenant/landlord as well. Thankfully I will not lose much money out of it myself, but know others who have/will.


  7. #7

    Join Date
    Dec 2005
    Posts
    1,422

    Have you seen the contract between the owner and you current LL? Does it have any sub letting prohibition clause? If no such clause, sub letting is not illegal. If there is such prohibition clause, your sub letting tenancy still holds good, but the LL who sublet to you can be sued by owner for compensation.

    What is the break lease condition mentioned in your contract?

    Last edited by shafiq; 10-03-2016 at 10:44 PM.

  8. #8

    Join Date
    Aug 2006
    Posts
    7,191

    Short term - move your stuff into a storage facility while you are on holiday. When you get back, stay in a serviced apartment for a week or so until you can get a new place to stay.

    With the contract /landlord problem, you have to decide whether to write it off or try to get some money back from the small claims court.

    jimbo likes this.

  9. #9

    Thanks for the feedback so far. The contract has a subletting prohibition, so it is illegal. I was hoping to make contact with the owner and encourage them to Sue the current Lease holder. I am also going to go the small claims option just to try to get a win and put a stop to this persons continued exploiting of others. I know others who will also go this option. I plan on being in HK a lot longer, so am happy to follow through with it. My question is if the Lease holder breaks into my room and throws all my stuff away while I am gone can I charge them criminally then?

    HK_Katherine likes this.

  10. #10

    Join Date
    Dec 2005
    Posts
    1,422

    You sub tenancy still holds good. If the LL has given notice as per your contract, you have no choice but to leave. Does your contract say 1 month notice about the break clause?

    He should serve you a notice and have order to come and take possession of the premises. Better get a legal aid, but would be much better to work out an amicable solution and part ways...


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