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HK Housing / Tenancy Laws

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  1. #1

    Join Date
    May 2017
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    Wan Chai
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    9

    HK Housing / Tenancy Laws

    Hi all,

    I'm curious to know if anyone here knows the specifics of HK's housing/tenancy laws and might be able to help me out with a problem.

    I live in a 1st floor studio apartment with a large outdoor terrace. I have been renting the apartment for around 10 months, and this week, work started on building renovation (bamboo scaffolding, etc.), which will continue for the next 3 months.

    This scaffolding is enormously intrusive (it's literally on the terrace outside my back door), removing all privacy (now have to keep the curtains closed). It also means that the two awnings on the terrace (which were vitally important for me to store items out of the rain that won't fit in the tiny flat) can no longer be used, leaving my possessions open to the elements.

    I informed my landlord, who stated that since these were building management issues and were out of their control, there was nothing that could be done regarding terms of contract during the works.

    Frankly, knowing HK and how it favours property owners, I suspect this is true, and that I've not got a leg to stand on in terms of rebuttal, but if anyone more in the know believes that I have the right to pursue this further, I'd love to hear from them!

    Essentially, these works have cut the liveable size of my flat in half, and yet I'm expected to maintain full payment for the duration of the works — during which time items of mine might well be destroyed by the rain.

    Is there any viable route open to me here?

    Many thanks


  2. #2

    Join Date
    Feb 2011
    Location
    Hong Kong
    Posts
    6,337

    Do you have protections? The answer is read your contract. Outside of that, zero protection. So likely not!

    However most, and I mean all, landlords will likely give a discount if the terrace is not usable. And I've typically seen them at 30% off. And this has happened to several people that I know who had renovations started or extended and the landlord gave a big discount.

    If your landlord is being an a$$, then stop paying the rent, after your deposit is used up then move out. I wouldn't want to live under an a$$ like that. My opinion. You may have different thoughts ...

    JAherbert likes this.

  3. #3

    Join Date
    Aug 2006
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    11,648

    There was a long thread of a similar nature a month or two ago- I cannot recall the title, but try a recent search through this sub-forum.


  4. #4

    Join Date
    Dec 2005
    Posts
    1,412

    Is the terrace part of the contract? Does the area being counted on towards the rent?
    Is the storage units on the terrace leagally reflected on the building plan of the unit/terrace? If its not, it will be counted as unauthorised building work!! No legal standing

    JAherbert and shri like this.

  5. #5

    Join Date
    Mar 2009
    Location
    Hong Kong
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    2,262

    your contract is 1 year fixed 1 year flexible correct?

    If your landlord refuses, then you can end the contract in about 2 months.


  6. #6

    Join Date
    Nov 2005
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    Cramped island
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    which by then the renovation of the building facet has ended ?


  7. #7

    Join Date
    Mar 2009
    Location
    Hong Kong
    Posts
    2,262
    Quote Originally Posted by freeier:
    which by then the renovation of the building facet has ended ?
    Sorry missed the OP saying it will take 3 months. I thought it was a big renovation of the building which takes much longer.

    3 months is nothing... its the length of time of a normal flat renovation which most people have to put up with the drilling and noise etc.

    Its not nice especially if scaffolding is on your terrace, but this is just what you need to do in a society. It's just something ppl accept as "helping" others out, and who knows, maybe in the future you will need to do renovation work which affects others too.

    If some stuff can't be stored inside, perhaps you can use that as a discussion with the landlord? There are storage places in HK, and maybe u can ask the landlord to pay for that?