Landlord refusing to return deposit, despite written agreement

[big_panda]

Id keep the report to the police as a wildcard in my back pocket and pull it out if the landlord doesnt return the deposit or whatever else. But arathi should put a letter in writing to the landlord's agents protesting against the stove order, and also get a report from Towngas, or the audio of the call (Towngas says they record calls). Reporting to the police only worth the time, if works to your benefit (but not in a blackmailing way as that would be illegal).

[TheBrit]

The police are unlikely to give a crap about a civil dispute. They have more important things to worry about they landlord/tenant arguments.

[TheBrit]

It's just he said, she said with the stove? Nobody ended up out of pocket? Landlord could easily claim misunderstanding and no harm done? Don't think there is much of a crime here. I'm no lawyer but presumably someone has to suffer some loss for a charge of fraud to stick?

[big_panda]

If the landlord called up pretending to be the towngas account holder to order the stove in order to benefit from the replacement stove (notwithstanding the tenant didnt end up with loss), that's likely intent to carry out fraud. Imagine I use your credit card to book a holiday, but the booking gets cancelled coz the card holder reports the card stolen. I would get done like a dinner, even though I dont get to go on holiday.

[TheBrit]

Original Post Deleted

Fair enough. I guess then it is just a case of whether it has any legs when the landlord says one thing and the tenant says another. Nothing to stop the landlord saying the tenant agreed to this or asked her to sort it all out on her behalf etc etc. Or the landlord says there was a mistake at Towngas and the bill should have gone to the landlord rather than the tenant. Just seems like a matter than police would be reluctant to get involved in to me.

[Soutie]

2 issues here:

1. The Brit is right in that the "boys in blue" will take a statement, make some vague comments about a follow up investigation & probably conclude that, since there is no actual loss & making this stick would be too much hard work, their productivity & effort would be better served by issuing a few more parking tickets! Whilst a criminal offence might have occurred (I am not an expert who specialises in criminal law) since there is no real damage that has resulted from the action just file it in the "too difficult tray" & hope nobody asks further about it.

2. Another issue is the Landlady - we know she is a Mainlander but if she resides in the PRC then there is a jurisdictional hurdle to overcome.

So, forget about launching a legal case unless u have money to burn or you can get a solicitor to agree to a "no win - no fee" (but I seem to remember that this is against the HK Law Society rules or code of practice): the only winners in this situation would be the solicitors who would still receive their fees. Just don't pay the last 2 months, return the keys to the property in a similar condition you received it (fair wear & tear excepted) and call her bluff!

When in Rome.........................

[HKSAR]

I'm in a similar situation, my lease is up in 2 months, I've contacted the landlord to inform him that I won't be paying the last 2 months rent but then he refused commenting that he'd take a legal action to evacuate the flat if I don't pay the rent within 7 days.

What legal action would he take? Does he have the right to enter the flat in my absence and remove my belongings and change the door lock?

[Fiona in HKG]

Always change the lock chamber as soon as you move in. If you have rented through an agent, goodness knows how many copies of the key were cut and handed out for vacant viewing. Plus you then also have no risk of unexpected visits from your landlord.

Keep the original chamber and replace it with yours when you move out.

[big_panda]

After 7 days, he can issue a writ for payment of the rent, and he would most likely get summary judgement (you have no defence for not paying your rent). If you fail to pay the judgement amount he can then apply for a bailiff to remove you from the flat, or go through the process of claiming the money from you, failing which if you dont pay, you could be bankrupted. I'd take that course of action if my tenant withheld the rent.

[jack55]

Wow sounds like a terrible situation. Hate bad landlords. I guess I'm sticking to new apartments.

edit: Good luck by the way!