Tenancy notice

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  1. #11

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    FOTH is almost certainly correct on this. The legal situation is quite clear - unless there were some very unusual points in the original lease agreement or the terms of the tenancy have changed since then, the tenant is entitled to a 12 month notice period.
    I went through a similar situation a while ago and the conclusion was the same (although I wound up settling this in different way with the landlord).


  2. #12

    Cheers for all your comments.
    Beachball / PDLM - Having read the government bumff, it does appear I have a case. However, I can find nowt in relation to automatic rolling contracts, which may explain the various comments by others.
    Anyhow, after close inspection of my original contract - which took some finding - I reckon I'm sh$%&ed.
    I specifically requested an additional comment for termination to be inserted: Up to 1 year, 2 months / AFTER ONE YEAR, 1 month.
    This was only meant in relation to the contract, but obviously will come back to bite me in the posterior.


  3. #13

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    If that clause applies in both directions then you may indeed be right. But only because your lease has a specific clause. The legal default situation still applies (those red blocking me in this thread notwithstanding).


  4. #14

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    Quote Originally Posted by Fei Gweilo:
    Cheers for all your comments.
    Beachball / PDLM - Having read the government bumff, it does appear I have a case. However, I can find nowt in relation to automatic rolling contracts, which may explain the various comments by others.
    Anyhow, after close inspection of my original contract - which took some finding - I reckon I'm sh$%&ed.
    I specifically requested an additional comment for termination to be inserted: Up to 1 year, 2 months / AFTER ONE YEAR, 1 month.
    This was only meant in relation to the contract, but obviously will come back to bite me in the posterior.
    And so it came to pass that all was revealed.
    I am sure I speak for OLDTIMER when I say that its always good to have all things in public view so a determination can be made. That most certainly was my point in this matter and now ---- you know how to proceed.

    For PDLM - I don't red tag anyone. I leave that to people like you ( you have run to mummy more than once when you don't like having your serve returned ) who believe above all that you have God whispering in your ear. Next time he calls maybe you should point out that things are never black or white.

  5. #15

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    Is it pretty standard for tenancy agreements to be 2 year terms in Hong Kong?


  6. #16

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    Quote Originally Posted by dossier:
    Is it pretty standard for tenancy agreements to be 2 year terms in Hong Kong?
    Yes, usually with a break clause after 1 year.

  7. #17

    Join Date
    Oct 2003
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    2,259
    Quote Originally Posted by MovingIn07:
    Yes, usually with a break clause after 1 year.
    It's a pretty common, but actually you can agree anything you like. Landlords are often perfectly happy to sign a 2-year fixed as it gives them stability and saves them the potential inconvenience of finding a new tenant after only one year in return for fixing the rent for two years. Of course if you ask for a 1 + 1 it gives you more flexibility but gives the landlord more flexibility also if rents rise.

    You can also sign a 1 year contract, 6 month contract etc but obviously it's up to both of you to agree. Some landlords may feel it's not worth the hassle to only sign for 6 months and it certainly won't give you much bargaining power if you want to negotiate on rental but it really depends on the situations and preferences of both parties.

    So it's really up to you.

  8. #18

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    Quote Originally Posted by dipper:
    It's a pretty common, but actually you can agree anything you like.
    We are on our 2nd, 3-year fixed lease with no break clause.
    We are happy to get 20%-30% lower rent; the landlord is happy to have a very steady and good tenant for a long term.

    HC

  9. #19

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    Yes - if you're happy to commit for a long period with no break clause, and/or pay a big proportion up front then you can get some great deals. I got something over 15% off one of my tenancies just by offering to pay the first 6 months up front.


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