Like Tree6Likes
  • 1 Post By traineeinvestor
  • 1 Post By JAherbert

Unstamped Tenancy

Closed Thread
  1. #1

    Join Date
    Apr 2020
    Posts
    5

    Unstamped Tenancy

    Hi All - bit of advice needed if anyone knows.

    I signed a standard lease (12 month fixed, one yr optional) on a house a couple of weeks back. We're working out our notice at our current place so not yet moved in. When i was over at the new house earlier this week in the room there was evidence of rats (stink of rat urine and droppings).

    I've had a word with the landlord and they sound like they're going to go down the path of holding me to the lease. They are saying they will sort out any rat issues (although initially didn't seem too keen to believe me until i produced some photos). My wife is paranoid about rats and is now dead set against moving to the place (also because we have a new baby due soon).

    The question i have has anyone broken a lease before ? Looking at the contract i am on the hook, especially if they resolve the problem.

    The contract is currently unstamped, and i think the landlord is not planning on stamping it - presumably with a view of swerving some tax, i dont know. My question is, can i be held to an unstamped contract and anyone been in similar situation with an stamped contract ?


  2. #2

    jrkob is correct - either party can stamp the lease at any time to make it enforceable. All they have to do is front up at the stamp office and pay the penalty.

    Given how little the stamp duty is to begin with, I'm astonished how often these "can an unstamped lease be enforced" questions come up.

    Side note: there have been occasions where the courts have enforced a lease even without stamping.

    gigglinggal likes this.

  3. #3

    Join Date
    Apr 2020
    Posts
    5

    yes thank you that was my thinking as well. Re - the non stamping, i presume its a tax dodge or other reason other than the minimal stamp cost. If its a tax dodge then i would imagine its not the first time its been done and may be a reason to be reasonable here. Dont really want to tread down this route, am not sure why you would want to hold someone to a contract when they are not going to be happy there


  4. #4

    Join Date
    Feb 2005
    Location
    Manchester, UK
    Posts
    7,790

    if u dont want to move then you are not going to get your 2 months deposit back or the commision given to the agent. Tell the LL you wont move and they can keep the deposit then they wont bother coming for the rent as you have not moved in.


  5. #5

    Join Date
    Apr 2020
    Posts
    5

    thanks all for the advice


  6. #6

    Join Date
    Apr 2003
    Location
    Hong Kong
    Posts
    3,988

    A signed contract is a signed contract, given the situation, I guess the LL will pursue the maximum amount from the OP. the LL could even pay the tiny amount of stamp duty retrospectively if they needed.


  7. #7

    Join Date
    Feb 2005
    Location
    Manchester, UK
    Posts
    7,790
    Quote Originally Posted by JAherbert:
    A signed contract is a signed contract, given the situation, I guess the LL will pursue the maximum amount from the OP. the LL could even pay the tiny amount of stamp duty retrospectively if they needed.
    Yes a signed contract is signed contract BUT for the LL to pursue it and get the max out of the tenant, the LL will have to sue the tenant at district court (civil case), the LL will have to fork out money in order to sue the tenant and it could take a long long time with this virus thingy to see any action in the courts.

    The LL will not bother and just take the deposit and move on hoping to find a new prey, i mean Tenant lol

    https://www.hkclic.org/en/topics/lan...yRent/q1.shtml

    https://www.judiciary.hk/en/court_se...ties/dc.html#5

  8. #8

    Join Date
    Apr 2003
    Location
    Hong Kong
    Posts
    3,988
    Quote Originally Posted by chuckster007:
    Yes a signed contract is signed contract BUT for the LL to pursue it and get the max out of the tenant, the LL will have to sue the tenant at district court (civil case), the LL will have to fork out money in order to sue the tenant and it could take a long long time with this virus thingy to see any action in the courts. The LL will not bother and just take the deposit and move on hoping to find a new prey, i mean Tenant lol
    true, but the LL will undoubtedly win, and the OP will have to pay all the LL legal fees too, which could be equal to the rent, plus the OP with a young baby may suffer extra stress being sued.
    traineeinvestor likes this.