Like Tree1Likes
  • 1 Post By jgl

Sublet Agreement- legally binding?

Reply
  1. #1

    Join Date
    Apr 2017
    Posts
    10

    Sublet Agreement- legally binding?

    Hello,

    I recently sublet an apartment short term, and now I want out for various reasons (apartment left really dirty, damp only able to use one of the bedrooms instead of both as agreed). It would mean leaving the agreement early, my question is, what does it take for a sub-let arrangement to be legally binding? The piece of paper we signed was very makeshift (i.e. written up in less than five minutes, with no lawyer present, and the person I agreed with isn't even the property owner). What is my legal responsibility in this case?

    Thanks


  2. #2

    Join Date
    Feb 2011
    Location
    Hong Kong
    Posts
    5,901

    Lose your deposit at minimum. How much deposit did you give? Just talk to the landlord.


  3. #3

    Join Date
    Dec 2005
    Posts
    1,354
    Quote Originally Posted by globalnomad85
    Hello,

    I recently sublet an apartment short term, and now I want out for various reasons (apartment left really dirty, damp only able to use one of the bedrooms instead of both as agreed). It would mean leaving the agreement early, my question is, what does it take for a sub-let arrangement to be legally binding? The piece of paper we signed was very makeshift (i.e. written up in less than five minutes, with no lawyer present, and the person I agreed with isn't even the property owner). What is my legal responsibility in this case?

    Thanks
    If there is a clause of not allowed to subletting in the tenancy agreement of the guy who sublet to you, then its illegal and hes in trouble.

    If your contract is not stamped, it carries no legal value. The only issue is you may not get back your deposit.

  4. #4

    Join Date
    Apr 2017
    Posts
    10

    Thanks both! There was no deposit so I'm guessing the repercussions shouldn't be too bad! No stamp either...


  5. #5

    Join Date
    Mar 2008
    Posts
    852
    Quote Originally Posted by globalnomad85
    Thanks both! There was no deposit so I'm guessing the repercussions shouldn't be too bad! No stamp either...
    You can probably pick up your bags and walk out, and most likely you will not hear from the head tenant again. Anyway, how long did you agree to rent the flat for? As a courtesty you might want to tell the head tenant you plan to leave and explain the reasons. If he insists you pay up the balance of the remaining months, theres not alot he could do. His head lease most likely says he may not sub-lease the flat.

  6. #6

    Join Date
    Aug 2006
    Posts
    9,567

    This is the standard HK tenancy agreement. Clause 3 deals with subletting.

    No guarantee that this is what the real tenant signed, but it's the usual contract used in HK.

    http://shrl.ust.hk/upload/files/tenancy_agreement_b.pdf

    imparanoic likes this.

  7. #7

    Join Date
    Feb 2011
    Location
    Hong Kong
    Posts
    5,901

    Should be ok. I would change your phone number and not provide a forwarding address. Then move on with life.