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Terminating lease on commencement day (6 months lease, 2 people)

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  1. #1

    Join Date
    Oct 2015
    Posts
    8

    Terminating lease on commencement day (6 months lease, 2 people)

    Dear all,

    We have signed a lease with my partner for 6 months today. Upon more inspection, we noticed that there's a brothel on one of the floors and apparently all the Chinese letters on the walls are about rape and sex-related things, which is a big source of worry for us.

    I would like to ask ask if there is any legal way to break the contract early. The rental contract is for 6 months.

    Would this require negotiating with the agency?

  2. #2

    Join Date
    Oct 2005
    Posts
    14,210

    There's a reason why the rent was probably cheap.
    You didnt have a proper look first?

    Explain to the agent and you'll probably need to forfeit some fees for pulling out.
    Maybe offer a month and see what they say.


  3. #3

    Join Date
    Oct 2015
    Posts
    8

    Thank you very much for your reply. Our decision was rushed a little. We'll try to negotiate one month and see what they say.

    Are there any laws binding the agency?

    Any additional laws concerning terminating this early?

    e.g. if stamp duty hasnt been paid and it hasnt been registered in the land registry? http://www.hkclic.org/en/topics/land...ancyAgreement/

    Last edited by Otho; 12-10-2015 at 07:55 AM.

  4. #4

    Join Date
    Oct 2015
    Posts
    8

    Would you happen to know if there is any place where I could seek legal advice via telephone? Preferably free-of-charge. After some browsing I noticed there should be one but I couldn't find the telephone number.

    Ps. Is there any agency law binding the agent to tell that there is a prostitute place? We were rather rushed in checking the apartment. It's too bad.

    Also, would you happen to know if it make a difference whether the stamp duty has been submitted yet or not?

    Thanks for your help. I know it's not a nice situation for either party; I just hope we'll resolve it somehow.

    Last edited by Otho; 12-10-2015 at 08:42 AM.

  5. #5

    Join Date
    Sep 2015
    Posts
    221

    If you have signed the tenancy agreement then you are bound to comply with it. It doesn't make a difference if the document has been stamped from your perspective. You will probably have to forfeit your deposit.

    I think the lesson learned is not to rush into signing a tenancy agreement. Sorry it has happened to you.


  6. #6

    Join Date
    Oct 2015
    Posts
    8

    Thanks

    How about agency law? I suppose there is no binding the agency to tell us that there is a place for prostitutes? My partner did ask about the mentioned floor because it looked a bit weird, and the agent said it's a tattoo shop.

    Last edited by Otho; 12-10-2015 at 08:56 AM.

  7. #7

    Join Date
    Sep 2011
    Posts
    20

    You can get 1 session of free legal advice through the free legal advice scheme :
    The Duty Lawyer Service : Free Legal Advice Scheme : Free Legal Advice Scheme

    expect 4 weeks wait from application to appointment day if your case is not seen as urgent.
    hope this helps.


  8. #8

    Join Date
    Feb 2015
    Location
    Hong-Kong
    Posts
    5,630

    You said you rented via an agency.
    May be you can contact the Estate Agent Authority... Looks like a long shot, but may be they will at least listen to you and give ideas. Looks free.

    https://www.eaa.org.hk/Complaint/tab...S/Default.aspx


  9. #9

    Join Date
    Feb 2015
    Location
    Hong-Kong
    Posts
    5,630

    The FAQ in the link I posted above and in particular #15 suggests that the agent may be in breach of the Code of Conduct if you specifically asked a question and he lied to you. Proving the lie may be difficult... but may be call the EAA with your story see what they say.


  10. #10

    Join Date
    Oct 2006
    Location
    Hong Kong
    Posts
    13,505
    Quote Originally Posted by jrkob
    The FAQ in the link I posted above and in particular #15 suggests that the agent may be in breach of the Code of Conduct if you specifically asked a question and he lied to you. Proving the lie may be difficult... but may be call the EAA with your story see what they say.
    Dear OP, did you ask the agent, are there any whore houses in this building and he said no?

    Or you had no idea until you signed?

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