Landlord refusing to return deposit, despite written agreement

[arathi]

How old is the building? I would not be paying for ANYTHING that falls under normal wear and tear usage. Unless the flat is brand new and / or you have been doing something truly stupid to damage it, the responsibility for maintaining appliances is the landlord's.

Without the full story it's hard to give more detailed advice but from the information given it does sound like your landlord is an ass. If I were you I would find a new place and issue notice to the landlord ASAP. I would NOT pay the remaining months rent and I would NOT pay for any new appliances etc etc.

The bldg is 13 years old and the flat is furnished. We always "travel" light and apart from an Ikea bookshelf we did no alteration whatsoever; we keep the flat clean and according with the real-estate agent, it looks better now then before we in.

My husband saw the comments and he's decided to do not pay the last two months but to do not hold to the lease contract and confront landlady about this - that makes me significantly uncomfortable

[arathi]

In some contracts there should be a clause saying you are entitled to quiet possession and enjoyment of the premise. If your gas cooker is exploding then you ain't getting it. Apart from being dangerous!


Get a report from the gas company and send it to her using registered post and don't use the standard one but the one that has a pinkish slip and has to be signed for.

Thanks a lot Amypitpit, I'll have to check again but it might be something similar with that clause in our lease.

The Towngas will send us the full report these days but the thing is - and I know this is laughably foolish - we don't have a post address for the landlady!

We do have a phone number and an e-mail address (and HK id number) but she speak no English and we speak no Mandarin so for any communication, we always relay on her real-estate agent.
That is, during the lease; what will be if we will have to communicate with her after the end of the lease (e.g. deposit refund) - is just another thing to worry about.

[MandM!]

Why would you pay for pipes and AC? That's not your responsibility. Even if you accidentally did something to damage it. If you took a saw and decided you didn't like the air con and made it into 100 pieces, then maybe you can pay for something but then again there is depreciation. If the air con was intentionally damaged by you, a 5k air con depreciated over 10 years would come down to like 500-1000 at most. And that's full replacement.

The landlord is smelling money and trying to take a piss as the Brits say. And why not, I don't blame them, easy target with previous success. No way you are getting your deposit back and good luck if you go to court trying to get the money. You might win, but collecting is another story.

End of story, the landlord will ask you to pay for repairs, and the tenant must not give in to this tactic. The tenant is not responsible to pay for such.

[Amypitpit]

Thanks a lot Amypitpit, I'll have to check again but it might be something similar with that clause in our lease.

The Towngas will send us the full report these days but the thing is - and I know this is laughably foolish - we don't have a post address for the landlady!

We do have a phone number and an e-mail address (and HK id number) but she speak no English and we speak no Mandarin so for any communication, we always relay on her real-estate agent.
That is, during the lease; what will be if we will have to communicate with her after the end of the lease (e.g. deposit refund) - is just another thing to worry about.

Whole thing sounds unreasonable.

Contract should have an address but there is a big loop hole concerning addresses.

Have you kept all the receipts for the repairs?

Send a the registered letter to the estate agents and I know what many would do for the last two months.

Always best to be honest but you also have to protect your interests as well

[arathi]

Whole thing sounds unreasonable.

Contract should have an address but there is a big loop hole concerning addresses.

Have you kept all the receipts for the repairs?

Send a the registered letter to the estate agents and I know what many would do for the last two months.

Always best to be honest but you also have to protect your interests as well

Sorry to keep coming back, our contract really ends last day of January next year. Although it seems redundant, gonna send the landlord a reminder stating that we are leaving the premises at the end of the lease and that she is - at any time, given a short notice, welcome to inspect the flat. (Obviously, if during the inspection something come out that we are accountable for - we will cover)

My question is - shall I use this end-of-lease letter to also inform the landlady that I will not pay the rent for the last two months and that she can keep the security deposit?

Many thanks again,

[bdw]

The landlord is smelling money and trying to take a piss as the Brits say.

Take THE piss! Taking a piss refers to the act of urinating.

[Oldtimer]

I would not advise the landlord of my intentions at this stage. Do not pay the rent. Landlord will contact you, at that time you can mention that you are not planning to pay the rent.

[scrambler]

just dont pay...

if u advise them - they may start pressuring u...

if u end up paying one month after a bit of pressure... then u have alreayd linited your exposure..

just tell them some B/S - like u having cash flow issue - your aunt in atlanta needs an operation and you *have* to help out etc etc

[jmbf]

First, stop paying for stuff! The security deposit is supposed to be protection against unwarranted damage to a premises above and beyond 'normal' wear and tear. It is NOT meant to be a means for unscrupulous landlords to renew / update their appliances at your expense.

Second, issue your notice to the landlord (it's up to you whether or not you tell them you intend to stop paying the last 2 months rent). If / when the landlord does chase your for payment, stand firm and don't budge.

[Amypitpit]

Legally wise you have to keep paying the rent or you are breaking the contract which would be is a civil case. So if you did do that then it would not be advisable to put it in writing.

The landlord can;t force you to do anything and is not allowed to harass you and has to approach the Lands Tribunal to evict you. You can also pay up the rent if it gets to much stress.


You need to look at your contract concerning responsibility of repairs. There is not much in the legislation controlling this.