Landlord defaulted on payment - apartment seized

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  1. #11

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    >> They didn't inform me about the two payments behind..

    Land records do not show defaulting clients. The agent usually does not have records of the owner's payment to the bank -- which is why they're supposed to tell the tenant to get the bank's authorisation to let the property.

    http://www.eaa.org.hk/practice/circulars_01-09.htm


  2. #12

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    Quote Originally Posted by KnowItAll:
    >> They didn't inform me about the two payments behind..

    Land records do not show defaulting clients. The agent usually does not have records of the owner's payment to the bank -- which is why they're supposed to tell the tenant to get the bank's authorisation to let the property.

    http://www.eaa.org.hk/practice/circulars_01-09.htm

    But the agent told me that they knew that the landlord was two months behind in the rent.. but they didn't bother to mention it when I closed the deal since it is just two months.. It is just 6 months that I've moved in and the landlord also didn't pay any management fee since I moved in.

  3. #13

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    Make sure the agent finds you a new flat for free.


  4. #14

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    Quote Originally Posted by rani:
    Make sure the agent finds you a new flat for free.
    I've been calling the EAA and been on hold for over 20 minutes and the call gets cut-off.. Seems alot of people complaining or the EAA needs to get more staff..

  5. #15

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    Quote Originally Posted by rani:
    Make sure the agent finds you a new flat for free.
    The agent found me a new Flat for free.. But the problem now is the remaining balance with the Landlord which I haven't gotten back yet

  6. #16

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    Not much hope of getting it back if they're in bankruptcy.

    Best to drop by the small claims court and file a claim against the Landlord (perhaps some legal minds might have better advice).


  7. #17

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    Quote Originally Posted by KnowItAll:
    Not much hope of getting it back if they're in bankruptcy.

    Best to drop by the small claims court and file a claim against the Landlord (perhaps some legal minds might have better advice).
    Ok will do that..

  8. #18

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    Are you sure the landlord is actually bankrupt? Has a bankruptcy order been made against him? Check with the Official Receiver. As you effectively are creditor in terms of your deposit with the landlord you should have been notified of the bankruptcy if indeed there has been an Order made.

    If so, you would be better off giving details of your claim to the Official Receiver or trustee in bankruptcy but this can be a long-winded process and you may well be too far down the pecking order of creditors to receive anything back. For example, you do not know how many other creditors the landlord has - secured or unsecured. Secured and preferential creditors will always be paid out first.

    Usually, a mortgage lender will not require a tenant to leave until the Lease is up. You are effectively a sitting tenant and usually the lender tells you of their intention to repossess but must honour the existing lease (Landlord and Tenant Act). Your rental payments are used to repay the mortgage and any arrears until the lease is up.

    It appears that you have a case against the Agent. It is encouraging that they have found you a new property. However, clearly there has been a case of either negligence or misrepresentation by the Agent when you took on the contract.

    I would explain this to them and ask them to refund your deposit and moving costs due to the misrepresentation. If you get nowhere you may have to get a solicitor to fire off a letter to the Agent. Remember to claim costs if you head for the small claims court.

    Any chance you can get it in writing from the Agent (before you advise them you intend to go legal) that they knew the landlord was in arrears yet failed to disclose this material fact?

    I experienced this in the UK a few years ago when there was a raft of buy-to-let landlords completely over-stretched and behind on their mortgages (more are coming believe me). The farce is that Agents will regularly credit-check tenants but tenants rarely ask if the landlord is up to date on repayments! The Landlord and Tenant Act thankfully gives some protection to sitting tenants but deposits normally go up in smoke.


  9. #19

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    >> must honour the existing lease (Landlord and Tenant Act)

    Been a victim of this and if I recall, I was told that there is not much I can do if the bank has not approved the tenancy.