If she simply just doesn't want to do the stamp duty for that reason (and is just too embarrassed or scared to come right out and tell me) the rent should be discounted, no? How much less do people pay PM with these types of arrangements? I just want it settled so I don't have to think about it anymore.
You're a tenant for 14 months (min) - 24 months. The mortgage rate issue is for the lifetime of the mortgage. Difficult for the owner to switch around just for you and get the lease stamped.
As others have noted - common for landlords to not stamp the lease. Particularly in the village houses.
Last edited by Cornmeal; 14-09-2017 at 11:46 AM.
I am changing flat and meet 2 landlord saying they don't want stamping otherwise rent will be higher.
I wanted to know without stamping the landlord can deny to return the 2 months deposit money ?
Here's an excerpt from a ruling that I've posted before.
https://legalref.judiciary.hk/lrs/co...636&currpage=T21. Once a binding contract or tenancy agreement is formed, whether it is stamped under the Stamp Duty Ordinance, Cap 117 is irrelevant. Section 15(1) of the Stamp Duty Ordinance only provides that:
â€œ... no instrument chargeable with stamp duty shall be received in evidence in any proceedings whatsoever exceptâ€”
(a) criminal proceedings;
(b) civil proceedings by the Collector to recover stamp duty or any penalty payable under this Ordinance,
or be available for any other purpose whatsoever, unless such instrument is duly stamped.â€
It does not state that a tenancy agreement which has not been stamped is invalid or unenforceable. This is particularly the case when section 9 of the Ordinance permits late stamping subject only to penalty.
I have no opinion on unilaterally paying stamp duties and/or claiming rental benefits on unstamped agreements.
The govt does provide an eStamping service...
Last edited by shri; 12-05-2020 at 09:49 AM.