Considering that a (working) TV is part of the lease the tenant can insist of it being fixed or replaced.
Do not buy your own and cut the rent, else the landlord may a) claim he wanted to replace it but the tenant just went to buy his own (even it isn't true) and b) later withhold the deposit (or parts of it) to compensate for the reduced rent, so you are just delaying the "fight".
If the landlord doesn't budge you can take this matter to the small claims tribunal.
Or get some free advise here first:
Rating and Valuation Department
The Duty Lawyer Service
Considering the landlord increased the rent I think it's obvious what is going on here - the landlord is trying to milk the OP any way he can.
Considering how cheap new TVs are I would expect very little to zero on resale.it's simple enough to buy a cheap tv or a second hand one and then sell it on again after you are finished with it.
I don't think so, he is just expecting the landlord to fulfill his part of the contract. Nothing wrong with that IMHO.i really think you are making a mountain out of a molehill.
Go to DSC and take a photo of a cheap china LED TV ($4000) and ask the Landlord to buy it. If he refuses, then buy your own and move on. Its not worth the pain/time taking this to small claims or contacting a lawyer. If you buy a TV and deduct the payment from the rent, you will be in breach of the lease, as most agreements provide that the rent must be paid without any deduction whatsoever. Your claim against the Landlord is only compensatory in nature, whereas as if you hold back rent you will be in breach and can be kicked out.
It is pretty clear the landlord is trying it in on.
waiguorenhk, did you sign a new lease agreement when the landlord increased the rent? If yes, what does it say about terminating the agreement?
If you can get out with a month notice perhaps you should threaten to give notice unless the TV is replaced within say 7 days but be prepared to actually do so.
Given the dispute I suggest you also stop communicating via whatsapp and get some Cantonese-speaking friends to help out and be a witness to any further discussion and verbal agreements.
Thanks again for all the advice and points.
Raccon--no, no new agreement. I have had only one agreement. As TheBrit mentioned, the lease has the standard one month notice situation (which is how they've raised the rent). I should add that it is very clear in the lease that I am not responsible for repairs as long as I don't damage the structure, etc.
Also, it's not a dispute...yet. I haven't really said anything after the Whatsapp saying that I could buy my own TV or he could continue to ask some friends if they had any old TVs they didn't want. At the most optimistic, the landlord might not even know about these responsibilities so I'm thinking carefully about how I want to approach this.
I don't want to threaten to move (yet), or take money out of the rent. I think I still have a good deal living here and so far the landlord has been easy to get along with and responded well. Perhaps the landlord knows this too, which is why he is trying to get out of replacing the 37" TV.
If I was sure I was staying in HK long term, I would buy a TV and be done with it. But I'm not, so I am going back and forth between bryant.english's 'just get a used telly and forget it' and 'not being a soft touch'.
I'm still thinking I will start off by replying (or getting a local friend to help) and saying something like 'I'm disappointed the TV couldn't be fixed and would really like it replaced' and see how he responds.
I feel his tactic will be to delay and 'ask more friends'. I will then counter by asking for a few months delay on raising the rent. This will save me at least half the price of a new TV or the full price of a used one. If that works, I'll be happy.
What do you think? Thanks again for your advice.
Last edited by waiguorenhk; 27-01-2013 at 12:38 AM. Reason: 'used' not 'old'.
politely ask him to keep askin his friends an say remind him u r leavin HK at the end of the lease so dont wanna buy one.... he will come up with a TV he's jus tryin it on
I would try the assumptive approach.
Tell him you'd appreciate it if he'd continue asking friends, but you don't want to be without a TV for more than another week. If he doesn't find one in a week then, as you appreciate he is a very busy man, you will help him out by finding one of comparable make and model, purchasing it and taking delivery, and send him the bill.
If he says no to that he will be the one coming across as antagonistic. If he does say no I would then politely remind him that you are paying for a fully furnished apartment and the inventory specified two TVs - so there are two options, reduce the rent a bit or replace the TV.