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Conflict with new landlord and early eviction

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  1. #61

    Join Date
    Mar 2008
    Posts
    853
    Quote Originally Posted by henkka
    You are right, my mistake. But, what the tenant should be able to do though is file a application to set aside the statutory demand note. Or?
    The only way to set aside a statutory demand is to pay the debt within 21 days, or dispute the sum is not a liquidated amount (i.e. the debt did not arise). It sounds simple to "file a application to set aside" as suggested by you, but for most laymen they wont know what theyre doing, and if you cant pay 2 months rent, you will probably struggle paying for a solicitor to act.
    shri likes this.

  2. #62

    Join Date
    May 2017
    Posts
    14

    Alright, we won!
    The new landlord contacted us a couple of days ago and agreed to let us stay until mid August just like we demanded.

    What helped us: staying amicable, communicative and research on our rights.

    Thank you to all who participated in this thread!

    emx, Drunken Master, jrkob and 4 others like this.

  3. #63

    Join Date
    Mar 2009
    Posts
    873

    Thumbs up


    My SWMBO & I own our flat - so this doesn't arise for us; but I recall reading - loooong ago - that one aggrieved tenant placed the shells of cooked up (& eaten) prawn shells in the hollow curtain rails & in other hiding places around the forcefully vacated flat, and the NEXT tenant and the Landlord battled to find the source of the ever-pervading stench for weeks.







    nickvv likes this.

  4. #64

    Join Date
    Jul 2010
    Location
    Hong Kong
    Posts
    5
    Quote Originally Posted by big_panda
    The only way to set aside a statutory demand is to pay the debt within 21 days, or dispute the sum is not a liquidated amount (i.e. the debt did not arise). It sounds simple to "file a application to set aside" as suggested by you, but for most laymen they wont know what theyre doing, and if you cant pay 2 months rent, you will probably struggle paying for a solicitor to act.
    Hi @big_panda,
    Since you still hold the tenants' security deposit (and unlikely in an escrow account in HK), even if they don't pay within the 21 day as you demanded, can't you just deduct however much your tenants owe you from the deposit and return the rest when they leave? So technically, wouldn't the debt is secured by the deposit, how can you file a bankruptcy petition if that's the case?
    shri likes this.

  5. #65

    Join Date
    Jul 2010
    Location
    Hong Kong
    Posts
    5
    Quote Originally Posted by tropicofreco
    Then, they would break the law, not us. And it would be quite easy to show they have done it purely out of spite and not on solid grounds.
    But yeah, it's a concern.
    The burden is on the tenants to prove that the new LL has the security deposit, how can you ensure the new LL will return you the deposit? And if the new LL doesn't want to return what can the tenant do since the court already ruled that the new LL is off the hook?!

    CLIC - Landlord & Tenant

    According to a judgment made by the Privy Council (the final appellant court for Hong Kong before 1 July 1997) in 1986, the covenant made by a landlord to return the deposit to a tenant is a personal promise, and is thus enforceable only against the landlord personally but not against the new owner. Therefore, unless there are some other arrangements or agreements, the new landlord is not liable to the tenant in respect of the deposit paid to the old landlord.

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