Tenant rights - Change of Landlord

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  1. #1

    Join Date
    Nov 2007
    Posts
    107

    Tenant rights - Change of Landlord

    Hello,

    I have noticed by my landlord that he has sold out the flat which am living in now. And I have to pay the rental for upcoming months to new owner.
    I have 1+1 tenancy agreement(TA). And My first year will be finished on end of 2008.
    Since the owner of the flat is changed, do my tenancy agreement is still valid?? or Do I need to sign new TA with new owner.
    And I was informed that the new owner wants to move in.
    What are the tenant legal rights on this? Appreciate anyone bring me the legal insights.

    Many Thanks.


  2. #2

    Join Date
    Apr 2004
    Location
    hong kong
    Posts
    3,487

    1st year you are protected. Second ( option year ) the landlord can inform you to go. So I am reliably informed by someone who holds a Real Estate License.
    Seems a bit strange though as you are only a few months into the contract.

    I also have a feeling the new owner may try and tell you you must move out and the contract is not valid. Therefore get a letter or a copy of the relevant legal passages to show him and stop any aggro before it starts.

    Place to Google is Landlord and Tenant (Consolidation) Ordinance Hong Kong


  3. #3

    Join Date
    May 2006
    Location
    Siu Sai Wan
    Posts
    1,661

    Don't know the answer, but who will be returning your rental bond? The old owner or new owner?


  4. #4

    Join Date
    Oct 2006
    Location
    Sarcasm - because beating the crap out of people is illegal
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    14,644

    From the CLIC website:

    Question: My landlord has informed me that the property I am renting was sold recently. I was also told to pay rent to the new landlord on the next due date. Can I object? Will my interests under the "old" tenancy be protected?

    Answer: The landlord, as the owner of the property, is fully entitled to sell the property. If there is a tenancy subsisting at the property, it is likely that the property will be sold subject to the tenancy. That is to say, the new owner will be aware of the tenancy and will expect to collect rent from the tenant. The agreement for sale and purchase made between the old owner and the new owner should also have specified that the new owner will inherit from the old owner all of the rights and liabilities under the tenancy. Therefore, a tenants rights and liabilities under the existing tenancy will generally remain unchanged.

    However, the deposit paid by the tenant deserves particular attention. According to a judgment made by the Privy Council (the final appellant court for Hong Kong before 1 July 1997) in 1986, the covenant made by a landlord to return the deposit to a tenant is a personal promise, and is thus enforceable only against the landlord personally but not against the new owner. Therefore, unless there are some other arrangements or agreements, the new landlord is not liable to the tenant in respect of the deposit paid to the old landlord. The tenant should make sure that the old landlord has transferred the deposit to the new landlord so that the tenant can recover the deposit from the new landlord.

  5. #5

    Join Date
    Aug 2005
    Location
    Hong Kong
    Posts
    401

    No need to worry.

    We recently purchased a property with an existing tenancy agreement. We had to sign an indemnity form stating that the seller had transferred the rental deposit to us and that we would return it to the tenant according to the terms of the original tenancy agreement.

    In summary, I would not worry. Your rights as a tenant remain unchanged. However, the new landlord will be able to exercise the break clause when the time comes, just as your old landlord would've been able to.