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To give notice after a Tenancy Agreement has expired (asking as a tenant)

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  1. #1

    Join Date
    Jun 2013
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    3

    To give notice after a Tenancy Agreement has expired (asking as a tenant)

    Please advice. We are tenants and have been renting a nice flat in Jardine's Lookout since 4 years back. Our last Tenancy agreement started from 1/7/2017 and ended on 30/6/2019, so today ( 3rd of September 2019) we don't actually have any formal contract. We have heard that when a Tenancy agreement has expired both the tenant and the landlord has one month after a notice has been given (according to general law in HK).

    Since a couple of weeks back we have been in contact with the landlord to point out that the contract has run out. We would love to stay in the flat but the landlord wants to raise the rent. Also we need to lower our rental cost substantially, meaning we have realised we have to downsize (move). Last week we found a much cheaper (smaller but nice) place to where we want to move. So today we signed a new Tenancy agreement (for the new cheaper/smaller flat) and we agreed to move in and start paying the rent in one month (beginning of September). So far so good. Then we turned to our present landlord to give notice (that we will move out within a month and just paying for this month/August). However the landlord replied "you are on a monthly family and one calendar month's notice is required". What exactly does she mean by that? With 'calendar month' can she claim us to pay rent for both August and September (which means we would have to pay rent for 2 flats in September (both the present flat and the new one))? Is that really according to 'general HK law' if the Tenancy agreement has expired?

    Please - if anyone could advise in this I would be so greatful.
    Best/Camilla


  2. #2

    Join Date
    May 2006
    Posts
    5,650

    That means you should've notified the landlord at the end of July. You're 3 days into the month, which means you're due rent again on September 1st.


  3. #3

    Join Date
    Jan 2010
    Posts
    2,865

    Stop paying rent, you won't get your deposit back anyway.

    MandM! and Morrison like this.

  4. #4

    Join Date
    Dec 2002
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    ???
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    27,876
    Quote Originally Posted by mrgoodkat
    Stop paying rent, you won't get your deposit back anyway.
    Dangerous assumption. Just because the landlord does not want to waive their rights does not mean they are arse holes..

    Have a chat with the landlord, offer to let people in and be around for viewings so that they can market their property etc etc.. see if you can get them to some sort of middle ground, including deposit.
    mrgoodkat and drumbrake like this.

  5. #5

    Join Date
    Feb 2011
    Location
    Hong Kong
    Posts
    6,266

    You have no contract so it could be argued many ways. But your landlord has your deposit. Sounds like a problem either way.


  6. #6

    Join Date
    Feb 2005
    Location
    NT
    Posts
    4,099
    However the landlord replied "you are on a monthly family and one calendar month's notice is required". What exactly does she mean by that?
    Go ask your LL what the hell they are talking about since you're so confused. Doh!!!!!

    If I was in your shoes, I would tell the LL to deduct this month rent from the deposit and hand back 1 months deposit only after checking the flat.

    Good luck. my magic ball says you will be back to complain.

  7. #7

    Join Date
    May 2006
    Posts
    5,650

    Negotiate and say you'll pay pro rata.

    shri likes this.

  8. #8

    Join Date
    Dec 2005
    Posts
    1,363

    I think in case of absence of contract, it goes by ordinance. 1 calendar month.
    https://www.elegislation.gov.hk/hk/cap7!en.assist.pdfName:  33CFB5A8-DEAA-406C-A9C8-79E8CC772E33.png
Views: 229
Size:  496.0 KB


  9. #9

    Join Date
    Jan 2014
    Posts
    458

    just pick up the phone and say something nice.

    chuckster007 likes this.

  10. #10

    Join Date
    Oct 2010
    Posts
    18,781

    One calendar months notice doesn't mean you can only give notice on the date your payment is due. If you pay on 1st of every month you can give notice on 5th and then you can leave on the 5th of next month, and pay 5/31's worth of a month's rent.

    MandM! likes this.

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