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Flat has DEMOLITION order / Rights of Tenant?

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  1. #1

    Flat has DEMOLITION order / Rights of Tenant?

    Would appreciate your input on the topic.

    Tenant has moved into a flat which has an illegal extension. The government has become aware of this ordering a demolition order. A majority of the flat is an illegal extension, whereafter if such demolition and remedy is made, the flat and layout would be significantly different and the fix ordered would interfere with another flat and another tenant owned by the same landlord.

    1. What rights does the tenant have?
    2. Can the tenant be kicked out? How much notice is needed to be given?
    3. Does the landlord need to compensate the tenant?
    4. What if the tenant refuses to leave?

    Landlord has ignored to pay stamp duty.

    Thanks!


  2. #2

    Join Date
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    Assuming this flat is a residential flat,
    1. Same as before, continue to be tenants
    2. As per rental agreement
    3. Nothing more than the agreement
    4. Than the tenant is an idiot

    5. Ignore to pay stamp duty- this confirms tenants idiot status.

    It sounds like the op is the landlord.

    Last edited by dumbdonkey; 26-07-2013 at 12:07 AM.

  3. #3

    Join Date
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    Those answers seem grossly unfair to the tenant, unless they knew they were renting an illegal structure in the first place in which case the tenant is an idiot.

    carang likes this.

  4. #4

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    I think it can take some time for these demolition orders to be implemented.


  5. #5

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    Stamp duty

    Make a photocopy of your lease, take the 2 copies to stamp duty office at Wanchai, and get them stamped. There may be a slight penalty .




    Quote Originally Posted by hongkong2:
    Would appreciate your input on the topic.



    Landlord has ignored to pay stamp duty.

    Thanks!

  6. #6

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    Quote Originally Posted by Oldtimer:
    Make a photocopy of your lease, take the 2 copies to stamp duty office at Wanchai, and get them stamped. There may be a slight penalty .
    Not only the landlord but also the tenant is responsible for getting the contract stamped. The "slight" penalty is 10x the stamp duty owed, in most cases 5% of the yearly rent. But it is the only way to get the contract a legal status.

  7. #7

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    Penalty

    A friend had a similar problem. Wrote a letter to the Director of Stamp Duty for mitigation.
    The penalty was reduced.

    Quote Originally Posted by hktraveller:
    Not only the landlord but also the tenant is responsible for getting the contract stamped. The "slight" penalty is 10x the stamp duty owed, in most cases 5% of the yearly rent. But it is the only way to get the contract a legal status.

  8. #8

    Join Date
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    Oh gee, where can I find an extra large unit with a metal roof and pay well below market rent and continue to pay rent with the contract not stamped?