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problem with landlord

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  1. #1

    Join Date
    Jun 2013
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    26

    problem with landlord

    Hello everyone.

    I have a problem with my landlord, the story is like this:

    my wife settled in H.K. and got a flat in a hurry when I was still in the western part of the hemisphere.
    she has been in the flat for 3 months (myself just 2)' being her young and inexperienced , signed a tenancy agreement valid only for one week , without stamp and without the other party signature(yeah I know , I got really nervous too when she told me even though I was not aware that agreements here require a gov. stamp).

    last week the landlord told us that he wanted to enlarge the flat by pulling down a wall in our(soon to be) kitchen room. he said that after the job is done we have to pay 4000 dollars more for the rent. he also basically let us understand that the decision is irrevocable (because "he already decided") and basically we just have to agree to get harassed by builders noise and dust everywhere without our consent.

    this "smart boy" is a lawyer by profession , we have been paying him regularly via cheque and bank transfers.

    I do not like his arrogance at all and I WILL NOT ALLOW HIM TO ENTER THE PROPERTY ANYMORE, SINCE HE THINKS TO BE THE KING OF THE FLAT WITH OUR MONEY.

    now I wanna ask you all: can I block him from doing his work in the house , even without having the tenancy agreement?
    I mean I have that paper just signed by my wife, bank transfers for the rent and cheques payed to as well.
    I am quite experienced and his little disgusting tricks are really pinching my nerves.

    please some advises would be appreciated.

    thanks


  2. #2

    Join Date
    Mar 2012
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    I believe he can simply give you one month's notice if you're paying by the month (one week's if by the week).

    A contract with only one signature on it isn't a contract.

    If you've only been there 3 months how many cheques or bank transfers can there be? Has he cashed the cheques (i.e. has the money been taken from your account)?

    Last edited by Gruntfuttock; 02-08-2013 at 08:58 PM.

  3. #3

    Join Date
    Mar 2008
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    992

    From your post, it seems the Landlord did not sign the tenancy agreement? If that is the case, the agreement is not valid for the term stated on the agreement, in which case you have a periodic tenancy and either party can terminate the tenancy at the end of the next rent cycle.

    The Landlord has no right to enter the flat (without your permission) for the purpose of the renovations while you are in occupation. Doing so is in breach of your implied covenant to quiet enjoyment of your flat. As a lawyer, the landlord should know better. I suggest you change your door locks, or call the police should the Landlord or his workmen enter the flat without your permission.


  4. #4

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    Jun 2013
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    In the UK a verbal agreement should be valid for 6 months, it is very strange that he can terminate at the end of the month.


  5. #5

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    Jun 2013
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    of course he has cashed the cheques , there is 1 cheque cashed and two bank transfers.


  6. #6

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    If you have a recording of the conversation then you may have a case. Otherwise it's your word against his, and it will take a lot of legal fees on your part to resolve with no guarantee of success.

    Learn and move on - there are plenty of apartments sitting empty out there.

    Last edited by shri; 03-08-2013 at 12:01 AM.

  7. #7

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    Aug 2005
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    Stop thinking UK, ur in Hongkers now and ur playing with a Lawyer arsehole LL

    your mrs must have given the LL 2 months deposit and 1 months advance rent, Yes or NO
    if yes then change the locks, stop paying rent until the deposit is used up and then move ASAFP.


  8. #8

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    Jun 2013
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    HK law is based on British law that is why I made that example. I do not wanna move, I pay the rent regularly. I am willing to stay out of contract , paying my rent regularly.

    I will wait for the court order of repossession , he meanwhile will wait 6+ months to get his house back!

    I do this just cause I hate being bullied.


  9. #9

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    The tenant from hell meets the landlord from hell - I doubt that you're going to enjoy the next few months very much.

    Plec likes this.

  10. #10

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    Quote Originally Posted by big_panda:
    The Landlord has no right to enter the flat (without your permission) for the purpose of the renovations while you are in occupation. Doing so is in breach of your implied covenant to quiet enjoyment of your flat. As a lawyer, the landlord should know better.
    I am sure he does know that.

    Quote Originally Posted by Cyruss:
    HK law is based on British law that is why I made that example. I do not wanna move, I pay the rent regularly. I am willing to stay out of contract , paying my rent regularly.

    I will wait for the court order of repossession , he meanwhile will wait 6+ months to get his house back!

    I do this just cause I hate being bullied.
    I can understand your view but I am not sure it's the best approach, but good luck anyway.

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