Breaking lease due to poor landlord!

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  1. #1

    Breaking lease due to poor landlord!

    Hi, I've an ongoing problem with my apartment. Chinese New Year I had a terrible leak, it was something to do with the water tank on my roof and my toilet. To solve it the water was turned off and since then I have not had any water in my toilet (have to fill up the system using the shower). The landlord was truly awful in dealing with this he ignored phone calls and there are still problems (and with the heavy rain recently the leak is still persiting in my kitchen so I cannot cook in my apartment).

    In short I am looking elsewhere to live, however, my rental agreement does not run out for a while. I have witheld rent (I informed landlord that I was doing this until problems are fixed) so if I leave now I am happy for him to keep my deposit. But I am breaking a contract so how likely is it that he will chase me for the rest of the rent owed for future months?

    Any advice/experience in this would be greatly appreciated.


  2. #2

    Join Date
    Jan 2008
    Posts
    1,966

    No forwarding address?

    Does the landlord have your work address ?
    If not just leave without giving him any forwarding address.
    He cannot find and harass you



    Quote Originally Posted by welshyhk:
    Hi, I've an ongoing problem with my apartment. Chinese New Year I had a terrible leak, it was something to do with the water tank on my roof and my toilet. To solve it the water was turned off and since then I have not had any water in my toilet (have to fill up the system using the shower). The landlord was truly awful in dealing with this he ignored phone calls and there are still problems (and with the heavy rain recently the leak is still persiting in my kitchen so I cannot cook in my apartment).

    In short I am looking elsewhere to live, however, my rental agreement does not run out for a while. I have witheld rent (I informed landlord that I was doing this until problems are fixed) so if I leave now I am happy for him to keep my deposit. But I am breaking a contract so how likely is it that he will chase me for the rest of the rent owed for future months?

    Any advice/experience in this would be greatly appreciated.

  3. #3

    He has my work address, also a cpoy of my ID/passport so if he wanted to initiate legal action he could find me.


  4. #4

    Join Date
    May 2010
    Posts
    4,713

    does your building have a management office?
    have you tried registered mail?


  5. #5

    Join Date
    Apr 2011
    Posts
    2,446

    Am I the only childish Brit to snigger at this slightly when someone with Welsh as a username has a problem with a leak (leek)??? Sorry OP, no offence meant, just made me chuckle. I think moving stress is getting to me.

    On a serious note, OP check your contract. Depending on the terms, it may be that your landlord is breaking the terms himself by not fixing your toilet or providing a kitchen that you can cook in. Difficult to tell without seeing 1) your contract and 2) what state your flat is actually in.


  6. #6

    Join Date
    Aug 2005
    Location
    Clear Water Bay (In Da Jungle)
    Posts
    9,968

    Take lots of pictures as evidence, keep all records of you trying to communicate to the LL, send a final communcation to them that you will vacate the house due to failing to meet section 9 off the tenancy agreement.

    wait a week then make arrangements to bugger off, the LL will not bother chasing you up, if they do it will most likely go to Small Claims court where you have all the evidence to prove the LL SUCKED ARSE


    9. The Landlord shall keep and maintain the structural parts of the Premises including the main drains, pipes and cables in proper state of repair provided that the Landlord’s liability shall not be incurred unless and until written notice of any defect or want of repair has been given by the Tenant to the Landlord and the Landlord shall have failed to take reasonable steps to repair and remedy the same after the lapse of a reasonable time from the date of service of such notice
    Attached Images Attached Images

  7. #7

    Join Date
    Apr 2014
    Posts
    54

    Agree with bibbju... you need to study carefully on the signed rental agreement withe landlord.
    1. In Hong Kong, if the rental agreement was signed without stamp duty, no legal binding effect at all. That means you can terminate the agreement at any time after you made a formal notice to your landlord and the landlord should refund all the rental deposits to you.
    2. Any terms stated in the agreement regarding to early termination of rental agreement ?
    3. Any terms stated in the agreement regarding to the responsibility for Repairs of the property ?