How does a tenant protect themselves before renting a flat?

[mrgoodkat]

No, this would be considered invasion of privacy, loss of face - but is really for end of point one above. Anything giving you info that may adversely affect them will be resisted.

I have always asked for and received the approval from the mortgage holder. Probably depends on the landlord and your rent though, eg. village house vs high end.
Technically you don't have priority if your landlord defaults on his payment and the bank repossesses the flat without the written agreement.

Most apartments have been owned through a company so the agent has always provided current land register and annual return for me and I have given an ID copy to the landlord. Address and phone of the landlord have always been on the contract.

[Zero Gravitas]

Has anyone ever had to try getting the deposit back from landlord (who was keeping it unfairly after the lease) with success? and with no success? Can anyone share their experience?

Only ever had one landlord try to keep the deposit, said they would send a cheque, called them up several weeks later and their response was "Oh I thought you were leaving Hong Kong". Got a cheque a few days later.

[MandM!]

Thanks traineeinvestor! It's good to have input from the landlord's side also.

Is it normal for landlord and tenant to keep copies of each other's ID cards?

You should see a physical copy to ensure you are in fact dealing with that person.

[MandM!]

I have always asked for and received the approval from the mortgage holder. Probably depends on the landlord and your rent though, eg. village house vs high end.
Technically you don't have priority if your landlord defaults on his payment and the bank repossesses the flat without the written agreement.

Most apartments have been owned through a company so the agent has always provided current land register and annual return for me and I have given an ID copy to the landlord. Address and phone of the landlord have always been on the contract.

Even if you are renting a flat with no mortgage or have approval. It doesn't prevent the owner from taking up more debt or another mortgage. Most landlords will refinance too every 2 years to grab the cash bonus. So it is very likely there will be a new mortgage added.

[MandM!]

Only ever had one landlord try to keep the deposit, said they would send a cheque, called them up several weeks later and their response was "Oh I thought you were leaving Hong Kong". Got a cheque a few days later.

Worth a try

[mrgoodkat]

Even if you are renting a flat with no mortgage or have approval. It doesn't prevent the owner from taking up more debt or another mortgage. Most landlords will refinance too every 2 years to grab the cash bonus. So it is very likely there will be a new mortgage added.

Sure, but that doesn't matter to you as renter. If your lease was on the register before the mortgage the bank can't kick you out. If you rent from someone who has a mortgage on the register but doesn't have approval from the bank than you aren't protected in case the bank repossesses the property. Practically that won't matter much because the bank is unlikely to be able to kick you out of your primary residence until the usual 2 year contract is up. But if you are renting for a longer period or have invested money to fix up the flat that might matter to you.

[MandM!]

Sure, but that doesn't matter to you as renter. If your lease was on the register before the mortgage the bank can't kick you out. If you rent from someone who has a mortgage on the register but doesn't have approval from the bank than you aren't protected in case the bank repossesses the property. Practically that won't matter much because the bank is unlikely to be able to kick you out of your primary residence until the usual 2 year contract is up. But if you are renting for a longer period or have invested money to fix up the flat that might matter to you.

Only long leases are registered on the deed. Can't remember if it's 3 or 5 years or longer. And probably involves a lawyer with fee. Usually a lawyer charges hk$5k up to touch the deed.

[mrgoodkat]

Only long leases are registered on the deed. Can't remember if it's 3 or 5 years or longer. And probably involves a lawyer with fee. Usually a lawyer charges hk$5k up to touch the deed.

A lease for more than 3 years or with an option to renew should be registered.

[MandM!]

A lease for more than 3 years or with an option to renew should be registered.

A 3+ year lease is not the norm.

[Edwardstorm]

Just don’t pay the last two months of rent and you receive the deposit back automatically.