Advice on how to proceed with Landlord after Housing Authroity notifcation

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  1. #11

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    wtbhotia Thanks for the link ...extremely useful....

    Your thoughts and input are valuable... Thank you!


  2. #12

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    Unless you are going to breach your rental contract, eviction isn't an issue. Eviction proceedings only start after you overstay your legal tenancy and in HK can have some severe implications on your ability to re-let a place in HK.

    Here is what the law (the Landlord and Tenant (Consolidation) Ordinance) says generally about a landlord's rights regarding termination of tenancy:
    1) The immediate landlord of a principal tenant may by service of notice to
    quit in Form 2 in the Second Schedule and in manner specified in section 44
    terminate the tenancy of such tenant in accordance with the provisions of, and
    to the extent provided in, this section.

    (2) The length of notice given by the notice to quit aforesaid shall be either
    that required by the contract between the landlord and the principal tenant or
    in default of any term in the contract specifying the length of notice, one
    calendar month from the date of service thereof.

    However, there are all sorts of regulations that may require earlier relocation for health and safety matters. These regs typically don't have anything to do with the lease and would require anyone including an owner to vacate premises that will not be habitable while repairs are carried out. If the regulation and the lease do not specify what happens in these situations (ie. no provisions for shorter notice in certain events) general contract law principles would apply.

    If the place would be habitable during the repairs it is less likely that your landlord could point to a health or safety regulation that would require your early departure under law.

    Regarding the verbal notice your LL gave you, under a "constructive notice" theory, you may be deemed to have notice as of the date it was verbally given, if you understood the notice, and a few other things, even though the law and your contract specify that you should be given written notice. However, this should only come into play if your LL hires a lawyer to get you out, and even then it isn't always a successful way to get around the written notice thing. However, before moving early, you should get written notice from you LL to protect yourself from the LL claiming that you moved early in violation of the contract.


  3. #13

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    Alby:
    "Having a closer look at the document the notification was not in fact issued by the Housing Authority but the Building Management Office."

    I doubt if Landlord can legally ask you to vacate the flat before expiry of the lease.
    If there is any danger during the repairs, then all the occupants of the building will be advised to vacate, and normally some Government department, either Housing or Fire, get involved and see that every one is safely evacuated.
    Since the repairs are on the outside walls, as long as you are willing to bear the noise and dust, there is no reason for the Landlord to ask for early termination of the lease.
    I doubt if the work will start immediately. Contracts have to be signed, tenders to be issued by the building management. Normally it takes 6-8 months unless there is an emergency.


  4. #14

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    hello_there and babu your detailed and insightful advice has helped and is appreciated! THANK YOU!


  5. #15

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    anyway unless u are intending to leave hk after lease expire, its probably time for you to start finding something else as well.

    legal bind is one thing. but its better to have a good r/ship with the landlord and not always fall back to the contract


  6. #16

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    Another inquiry open for thought and comments

    Quote Originally Posted by freeier:
    anyway unless u are intending to leave hk after lease expire, its probably time for you to start finding something else as well.

    legal bind is one thing. but its better to have a good r/ship with the landlord and not always fall back to the contract
    freeier, I agree with you considering that we have always gotten along very well and that the lease has three months and twenty-days something days remaining on it.

    It is clear to me that she cannot legally ask me to move by next week and that she needs to give me notice as stated in the lease.

    Another inquiry open for thought and comments:

    Let's say that for example I did find a new place within the next 3 to 5 days which would allow me to meet her demands of having to move by next week. Is it reasonable or is there even legal legislation that would support my landlord having to return my deposits, property agent fees, moving costs, etc... My thinking is that a moving in this type of situation maybe possible at no cost of my own but at the cost of my present landlord.

  7. #17

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    I'd think the landlord is under no obligation to pay your moving costs / property agent fees. Not heard of any such laws ....

    Would have to be negotiated by you....

    Best approach might be to find a property agent who will discount their fees to you in exchange getting a double deal (from your old landlord / new landlord)... again, might get complicated and these days when everyone is partying like its 1997 who knows how flexible everyone is ..


  8. #18

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    Quote Originally Posted by KnowItAll:
    ...might get complicated and these days when everyone is partying like its 1997 who knows how flexible everyone is ..
    I thought it maybe a stretch of wishful thinking!

  9. #19

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    The GEOexpat Community has given such great advice which helped me to see things objectively. THANK YOU!

    I wanted to post an update on the situation;

    In fact I did not move out during the construction but the LL did not require me to pay rent during the two weeks we pre-agreed on for the construction to take place. The foreman said it was a 4 to 5-day job thus, allowing for ample time for it to be done.

    The construction actually took place over a period of 20-days, verified verbally (in English, Canto and Mandarin) that it was in fact complete .... although they never cleaned their mess and I was left cleaning it with my helper and her friend for almost 2-days. Then a day after we had cleaned my LL shows up with the foreman wanting to install an in the wall wardrobe which will take another 2-day construction.

    I also consulted, in-person & via telephone, on more than one occasion, the Ratings&Valuation Department and was told that she has to do this at a time that was convenient to me the tenant. I said to her that this time is not convenient and will notify her. Ratings&Valuation Dept. encouraged me to seek the opinion of the Buildings Dept. to see if in fact the repairs have been to code - brought them out to look and am currently waiting to hear back from them.

    Ratings&Valuation Dept. advised me that the LL must in fact issue me a letter and that SMS notification on my mobile or verbally by telephone is unacceptable. Also, I was told if she wants me out she must give me written noticed what is stated in my lease or if nothing is stated then it must be at least 1-month prior to the lease expiring if she fails to do so then I should continue to pay the rent as is and she will need to file with the Lands Tribunal for a hearing - if we cannot work it out as two mutual parties on our own.

    My lease ended in mid-February but the LL never issued a letter prior to the lease ending. Just last week she filed with the Lands Tribunal and at the same time issued a notification letter that was post dated to Dec.14.2007 - this was the first time I have ever seen such a letter. I then went to the Lands Tribunal office admitted my response and request for a hearing - paid the HK55 dollar fee sent my LL the notification via registered post (this is the first time in 2yrs I have ever had an address for her). In the next two weeks I will receive a hearing notification from the Lands Tribunal office - in the meantime I will continue to pay the on rent price stated in my now expired lease agreement.

    My reasoning for following such a course of action is:

    1. My LL stated in the post dated letter that she wants the property for her own use but she owns several properties which I don't believe she is sincere in her request.

    2. My rent is of such great value - my neighbors pay approximate 100% to 120% per month more than I do. I am willing to sign a new lease with an increase but she has never given me this option.

    3. I have always paid my LL several months in advance but in September 2007 after several months of calling her regarding repairs she never answered her phone - I thought she may have changed it or something. When she came pounding on the door and I gave her the rent then but that was a mistake because she never addressed in the piping repairs (which require drilling into a wall to fix the 20yr+ pipe) - however according the Ratings& Valuation Dept. the LL can evict if the rent is more than 10-days late. I personally believe that fact that I refuse to pay in advance from September 2007 forward made her upset.

    4. I want to know that I have done all that I can do within the reason of the law.

    Last edited by Alby; 24-02-2008 at 04:34 PM.

  10. #20

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    You cant post date letters. Do you have the envelop with the date on it?

    Regardless, if it was sent via non-registered post, there is no proof of delivery.