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supplementary terms to tenancy agreement: is this fair?

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  1. #21

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    there is NO WAY on this earth i would sign it!

    you pay for 30% of the new 42" plasma tv because it broke... when you move out, do you get to take 30% of the tv with you???

    no way, no how!

    yanmin likes this.

  2. #22

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    Quote Originally Posted by PDLM:
    So couldn't you just have bought a screwdriver?
    Nope not as simple as that. See this:
    how do i lift off the cistern cover? - Askaboutmoney.com

    And I didn't want to risk damage to the toilet or overflow!

  3. #23

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    I agree that a toilet is the landlord's responsibility. I think you are being generous paying 50%.


  4. #24

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    Quote Originally Posted by yanmin:
    Hi PDLM, could you tell me where you got this from? The LL claims that anything not clearly stated in the original contract is not his responsibility.

    Thanks!!
    From Rating and Valuation Department - Frequently Asked Questions
    13. Is there any provision in the Ordinance regulating repair liabilities ?

    The Ordinance does not contain provisions on repair liabilities. Any dispute on repair and maintenance liabilities, which cannot be settled between the landlord and tenant, may be resolved in court by reference to the expressed or implied terms of the tenancy and in accordance with common law principles.
    The whole point of the inventory is to list the things that the Landlord is providing as part of the contract for which you are paying rent. That to me is an implied term, and I believe common law says that what the Landlord agrees to rent to you, by default, the Landlord agrees to maintain.

    But if this is going to be a big issue then you'd better get a lawyer to confirm it for you (at greater cost than you'll likely save).

  5. #25

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    1) If it is not on the inventory list, it is your responsibility. Is the toilet on the inventory list?

    2) Even if not however, the toilet is usually classified as "fittings and fixtures", which is USUALLY the landlord's responsibility (but cannot see on your post whether it states so or not in the tenancy agreement).

    PDLM - point taken about the inventory list being the landlord's responsibility unless otherwise stated. However, a friend of mine has once had a tenant who insisted that the landlord arrange to change the light bulbs every time one goes off, because the lights were mentioned in the inventory/fixtures list, even when told these light bulbs are available from any supermarket and anyone could change a lightbulb. I think that is just plain silly.


  6. #26

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    Agreed, and I'd have thought that common law precedent might have been set now such that light bulbs are "consumables" rather than part of the light fitting.


  7. #27

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    Simply do not sign.

    The current contract is what matters and it has been signed by both parties. if he forgot something...too bad for him..he can try to renegotiate with you next year...

    But if I were you come February next year I would start looking for another place ;-) and I would not pay the last 2 months of rent just to make sure you get your "deposit" back.

    yanmin likes this.

  8. #28

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    Quote Originally Posted by Mat:
    and I would not pay the last 2 months of rent just to make sure you get your "deposit" back.
    Is this legal? My contract has this term:
    "If the Rent and/or and charges payable by the Tenant hereunder or any part thereof shall be unpaid for seven (7) days... it shall be lawful for the Landlord at any time thereafter to re-enter the Premises."

    I can totally imagine the prick jumping and breaking in after 7 days to kick me out of his apartment if I withhold last 2 months' rent.

  9. #29

    Join Date
    Mar 2010
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    You signed the contract. Yes it is legal. I have signed one before with a similar term except that it is 14 days. Which is why I would never advise anyone to withhold the rent.

    The safe way if you must withhold the 2 months is to sign a side agreement with the landlord that you will not pay the last 2 months and that it is to be set off against the deposit. But to be honest I just don't see him agreeing to it as he will imagine you trashing his apartment up and then leaving after the tenancy agreement expires.

    One good way to do it as on the day you hand the apartment back to him, make the landlord come himself, and ask him to bring with him cash for the 2 months' deposit pending a proper handover. Ask him to check the condition of the apartment, anything to DOES require repair and is not fair wear and tear you agree on a price immediately, the rest, he pays you back as you hand over the keys.

    Keys for deposit.

    Last edited by ALAU; 19-05-2010 at 12:06 AM. Reason: typo

  10. #30

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    Keys for deposit.

    Last edited by ALAU; 19-05-2010 at 12:07 AM.