Balcony to removed, never notified when signing lease. What are my options?

[Ymmv007]

Hi geoexpat,


Just moved to hong kong and signed a lease 3 months ago. My floor is the only floor with balcony, and i have just been notified by elderly neighbour that all balconies on our floor must be removed,take out sliding doors etc..(government dept order). The balcony is 100 sq ft and used often. Builders will take a few weeks to removed starting July. It must occur by October.


Do i have any options??
1.Can i ask for lease to dissolved/ or rent reduction because non-disclosure?
2.Can i ask the landlord to provide temporary accommodation during building works?
3.Should they have disclosed this issue before we signed 12 month lease?


Thanks in advance.

[MandM!]

It's very trouble and many locals will not rent flats with illegal extensions for this reason. I'm not sure what protections you have. Potentially you could go to court but that will involve a lot of time on your side. Consider how deep you want to get involved then you can make your plan.

[Beanieskis]

Was an agent involved? Any advert describing it as having a balcony? I understand misrepresentation is quite serious in HK. Perhaps you can see if you have any proof they said it had a balcony, then use this to negotiate a rent deduction.

[shafiq]

Doe that 100sqft count towards the rent/home size?

[threelittlepigs]

Doe that 100sqft count towards the rent/home size?

Why not?

[shafiq]

Why not?

I meant to ask if the size mentioned in the tenancy agreement includes the 100sq ft balcony or the balcony is mentioned in the agreement. Some land lords will avoid including those area covering illegal structures in the contract.

[threelittlepigs]

I have not seen a rental contract that specifically excluded areas that are illegally reclaimed. If you used an agent I would ask them to raise the issue with the landlord, perhaps negotiate lower rent or release from contract.

[Rooster]

Don't ask them, tell them. Move out asap and stop paying rent.

[shri]

The whole identification and removal of illegal structures is a multi-year process with notices, consultations etc.

Your landlord knew that there was a pending action and if the agent had done a proper land search, I suspect these illegal structure notices are identified on the land search (can someone confirm this please?)

Stop paying rent and plan your exit - the estate agent should also help you find a new apartment without you having to pay commissions to them (they were negligent and did not inform you or do their due diligence).

[big_panda]

Options are speak to the landlord to get some reduction in rent for the disturbance or see if LL is willing to mutually terminate lease. I wouldn't stop paying rent as that means you forfeit your deposit, and Landlord can come after you.

On the other hand, the Landlord and/or contractor generally has no right to enter your flat to undertake the removal of the balcony without your consent, to do so would be interfering with the peace or comfort of your rights as tenant under Landlord and Tenant Ordinance. Also, you only heard from the elderly neighbour that the balcony needs to be removed. If it was required as a matter of law, you would get a notice from the Buildings Department. You should check this point first.