Tenancy Agreement - Furniture & Fixture

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  1. #1

    Join Date
    Sep 2008
    Posts
    2

    Tenancy Agreement - Furniture & Fixture

    Hi, I'm not sure if this has been covered before or not, but I can't seem to find the answer.

    I've been living in my apartment for almost three months now. The provided washing machine has caused the overload protector in my apartment to switch off the power several times now and I have asked my landlady to replace it, but she is only willing to have it removed.

    My tenancy agreement states: "Furniture & Fixture included in this agreement is as follows: ..... wash-machine - 1".

    My landlady says that it is common practice in Hong Kong for landlords to list the furniture and fittings in the apartment when you move in, but it does not mean that such items will be provided for the duration of the contract.

    She has assured me that I will not be responsible for a washing machine when I move out after she's had it removed, and I am welcome to buy one myself, which I will need to have moved when I move out.

    What I want to know is, since it is "included in this agreement", doesn't that mean the duration of my tenancy? The agreement obviously covers the time period set out in it, so shouldn't everything included in the agreement also be covered during that time period?

    I don't really want to buy my own washing machine as I don't really want to have it moved when I move out, but I would rather have a washing machine than have to hand wash or take to the cleaners.

    Thank you in advance for your help.


  2. #2

    Join Date
    Jun 2005
    Location
    Hong Kong
    Posts
    23,221

    She's bullshitting you - if it's on the inventory then she's obliged to provide one in working order for the duration of the tenancy.

    At least that's what a normal tenancy agreement says.

    What does the text of the agreement say in relation to the inventory? Does it say something like "the Landlord shall provide and maintain the following fixtures and furnishings included in the agreement"?

    Last edited by PDLM; 03-03-2010 at 10:34 PM.

  3. #3

    Join Date
    Sep 2008
    Posts
    2

    Unfortunately, what I have provided above is all that is written (other than listings of other furniture and fixtures). It doesn't outline whether it is provided and maintained by the landlady or not.

    I read on another similar thread, something that sounds like the tenant is supposed to check the conditions of all the inventory because signing of the contract is acceptance of their condition. Is that correct also?

    Who do I go to if I want to look into this further?


  4. #4

    Join Date
    Aug 2009
    Posts
    2,338

    i think she is crapping on you there, but i suggest you see it as a negotiation rather than a straight yes/no. you can buy washing machines quite cheaply, hence do a calculation and do some negotiating with her.

    i am sure she also sees the tenancy contract as a base for negotiation, hence her comment 'that it's common practice'