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Landlord refusing to return deposit, despite written agreement

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  1. #21

    (8) The Tribunal shall have jurisdiction, in any application for possession or for ejectment, under the Landlord
    and Tenant (Consolidation) Ordinance (Cap 7) or otherwise, and in any application for a new tenancy under Part IV of
    that Ordinance, whether or not it grants any such application, to make one or more of the following orders- (Amended
    3 of 2008 s. 36)
    (a) an order for the payment of rent and mesne profits (including interim payments of rent and mesne
    profits);
    (b) an order for the payment of any other money which is due under the tenancy or sub-tenancy;
    (c) an order for the disposal of any property left in the premises concerned by the tenant or sub-tenant; and
    (d) an order for the payment of damages in respect of any breach of a condition of the tenancy or subtenancy.
    (Added 30 of 1983 s. 2. Amended 32 of 2002 s. 40; 3 of 2008 s. 36)


  2. #22

    3b, An order for the payment of any other money which is due.

    If you want and I really hope you will do this cause it seems you kept your side of the contract and its an act of being dishonest not returning a deposit,

    You can go to contact the Lands Tribunal and see what they say. I recommend sending a registered letter.

    Address:
    Rom 206-208
    2nd Floor
    38 Gascoigne Rd, Yau Ma Tei


    Phone:2771 3034




    But I forewarn you it might not be straight forward from my experience,

    If you can go this way then you can make witness reports to say everything was okay and challenge the landlord.

    MandM! likes this.

  3. #23

    Join Date
    Jun 2004
    Location
    HK
    Posts
    14,593
    Quote Originally Posted by MandM!:
    The early warning sign is that you as the tenant are paying your last two months rent at the end of your contract. Its like going to a McDonald's and giving the cashier a $100 tip. Everyone is like wtf is this gweilo doing. Then everyone lined up next to you to collect the $100 too.
    When I used to rent, I HAVE ALWAYS paid the last 2 months rent and I have always got back all my deposit.
    As a Landlord I always expect my tenant to pay the last 2 months and I always give back the deposit.

    Don't spread false rumor and make it sound as if everyone in HK does not pay the last 2 months. the overwhelming majority do - if I go by the tenant I have had and all the people I know who rent.

    And yes some are locals and some are gweilos.
    gigglinggal and MandM! like this.

  4. #24

    To the other question...
    If you don't pay when you come to leave then the landlord has to evict you by going to the land tribunal which take a few weeks and a lot longer to actually get you out by that time you are most likely gone.

    You are breaking the contract though. Ask a local and figure it out.

    The landlord is also not allowed to harass you in anyway.


  5. #25

    Join Date
    Feb 2011
    Location
    Hong Kong
    Posts
    6,372
    Quote Originally Posted by Mat:
    When I used to rent, I HAVE ALWAYS paid the last 2 months rent and I have always got back all my deposit.
    As a Landlord I always expect my tenant to pay the last 2 months and I always give back the deposit.

    Don't spread false rumor and make it sound as if everyone in HK does not pay the last 2 months. the overwhelming majority do - if I go by the tenant I have had and all the people I know who rent.

    And yes some are locals and some are gweilos.

    No where did I say everyone doesn't pay the last two months. I think it is becoming a more widely used option but I don't think it is widespread. It is about mitigating risk. Good that you never had trouble, but there are many on here who had difficulty with their landlords.

    If you are that trustworthy, would be nice to go into business with you. Please post your contact details herein
    arathi likes this.

  6. #26

    Join Date
    Sep 2012
    Posts
    1,750

    i stopped renting now - but I *never* ever paid the last 2 months.. put the onus on to the anus....


  7. #27

    Join Date
    Feb 2011
    Location
    Hong Kong
    Posts
    6,372
    Quote Originally Posted by Amypitpit:
    3b, An order for the payment of any other money which is due.

    If you want and I really hope you will do this cause it seems you kept your side of the contract and its an act of being dishonest not returning a deposit,

    You can go to contact the Lands Tribunal and see what they say. I recommend sending a registered letter.

    Address:
    Rom 206-208
    2nd Floor
    38 Gascoigne Rd, Yau Ma Tei


    Phone:2771 3034




    But I forewarn you it might not be straight forward from my experience,

    If you can go this way then you can make witness reports to say everything was okay and challenge the landlord.
    How much will it cost to take all those days off work to get your money back, and the countless hours of preparation?

  8. #28

    Join Date
    Feb 2011
    Location
    Hong Kong
    Posts
    6,372
    Quote Originally Posted by scrambler:
    i stopped renting now - but I *never* ever paid the last 2 months.. put the onus on to the anus....
    Exactly, if the tenant or @Mat wants to pay the last two months and doesn't get it back, I really don't have much sympathy for them. They know the game.

  9. #29
    Quote Originally Posted by Mat:
    When I used to rent, I HAVE ALWAYS paid the last 2 months rent and I have always got back all my deposit.
    As a Landlord I always expect my tenant to pay the last 2 months and I always give back the deposit.

    Don't spread false rumor and make it sound as if everyone in HK does not pay the last 2 months. the overwhelming majority do - if I go by the tenant I have had and all the people I know who rent.

    And yes some are locals and some are gweilos.
    Sorry but its happened to me and Duncory..Other comments from users of this forum indicate it happens rather too frequently.

    I really don't want to go into the details of my case but it was and still is a continuing nightmare.

    PS After watching 6 series of the Walking Dead I prefer the use of foreigners to gweilos.




    Registered User

    Join DateNov 2015Posts1
    MandM! likes this.

  10. #30

    From my experience I lived in a country house owned by one guy and he never once paid back any deposits to all the tenants. He was notorious for it.

    I let it go cause he wasn't normal and I didn't want trouble cause I moved just a few doors away, He actually after called the police three times saying I stole his property.

    Just recently I rented a commercial premise and got flooded out. I found the places had illegal structures concealed under the floor and the landlord refused to fix saying it was my problem. As it was structural I couldn't fix if I wanted to. A total nut case...After sending many registered letter I found a clause in the contract and moved out at great loss.

    So I love landlords

    Last edited by Amypitpit; 17-11-2015 at 11:17 PM.

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