Demand for Rates and/or Government Rent: Who should pay ?

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  1. #1

    Demand for Rates and/or Government Rent: Who should pay ?

    Hi,
    I have been renting one floor of a Village House since January this year. Since, the landlord is also my colleague at the office, we just had a generic lease agreement which did not stipulate who is responsible for paying the Government Rate.
    Previously, I was staying at Building Flats/Serviced Apartments and I didn't have to pay for this.
    My question is : who is usually responsible for paying the Government Rate on a rented flat ?


    thanks in advance
    bayonic


  2. #2

    Join Date
    Mar 2004
    Posts
    29

    usual the owner of the flat is paying such fees. will be anywat just a few hundred buck quarterly. but is up to you.

    cheers
    wp

    www.wpe-engineering.com


  3. #3

    Join Date
    Apr 2003
    Posts
    12,383

    The responsibilty is the owners, since the demand has been made by the Govt on property that they own.

    The usual policy is to include that and the management fees (if any) in the rent as one payment to the landlord.

    Highly recommend reading the renters guides prepared by Deacons Law.

    http://www.geoexpat.com/A_Brief_Guid...Hong_Kong_L433

    The relevant part says

    OBLIGATIONS UNDER THE LEASE

    Most leases in Hong Kong whether residential or business tend to impose upon the tenant most of the responsibilities whilst the landlord retains most of the rights. Typically, the landlord’s obligations are limited to:

    The giving of 'quiet enjoyment' (which is a legal concept involving the non-interferencewith the tenant’s legal rights under the lease);

    Payment of Government Rent and Property Tax; and

    A qualified repairing obligation.

    The tenant’s obligations usually are as follows:

    To pay rent;

    To pay management charges and rates and utilities;

    To keep in repair the interior;

    To observe the terms of the Deed of Mutual Covenant and Government Lease;

    Not to contravene any Ordinances;

    Not to assign or underlet;

    Only to use for a specific purpose; and

    To deliver back possession in good repair at the end of the term.