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How does a tenant protect themselves before renting a flat?

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  1. #1

    How does a tenant protect themselves before renting a flat?

    I typed a long post, but suddenly seemed to disappear! (apologies in case the previous attempted post was successful and there is some repeat here)

    1 year later from original post, no repossession took place and I stayed at the flat continuing to pay rent on contract no problems....until now when fixed lease has ended. Refused to continue renting paying a higher rental price without a new contract. (Landlord doesn't want to pay the taxes and fees)

    So, it is that worrisome time again.........will I get my deposit back?
    But troubles done end there.

    To avoid the problems of renting a flat with similar problems (e.g. landlord behind paying fees, not paying taxes, suspect may not return deposit) what can a tenant do to protect themselves realistically without placing themselves out of the market to rent somewhere?

    1. Get the lands registry document
    This document is v useful to know who the landlord(s) are, what structural work may have been done or is currently being done to the property affecting tenancy, if the property is under a mortgage etc....

    Any more?

    Is it normal for:
    - landlord to provide full address details on contract?
    - landlord and tenant to provide ID card copies to keep when signing contract?
    - tenants to request for mortgage lender's consent? (every agent I've spoken too from different agencies are telling me I won't be able to find any landlord who will provide this)
    - tenants to request term that deposit is immediately returned at time of handing back keys to property? (assuming no property damage of course)

    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?


  2. #2

    How does a tenant protect themselves before renting a flat?

    To avoid the problems of renting a flat with problems (e.g. landlord behind paying fees, rent and rates, not paying taxes, suspect may not return deposit) what can a tenant do to protect themselves realistically without placing themselves out of the market to rent somewhere?

    1. Get the lands registry document - This one I know
    This document is v useful to know who the landlord(s) are, what structural work may have been done or is currently being done to the property affecting tenancy, if the property is under a mortgage etc....

    Any more?

    Is it normal for:
    - landlord to provide full address details on contract?
    - landlord and tenant to provide ID card copies to keep when signing contract?
    - tenants to request for mortgage lender's consent? (every agent I've spoken too from different agencies are telling me I won't be able to find any landlord who will provide this - is this true? Does any tenant here always ask for this before renting mortgaged flat?)
    - tenants to request term that deposit is immediately returned at time of handing back keys to property? (assuming no property damage of course)

    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?


  3. #3

    Join Date
    Jun 2014
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    choose your landlord/lady as well as the apartment. the place i rent now, the landlord owns the land and the entire building and all the apartments. The management is outsourced to a management company. whenever i have anything that needs fixing etc. it's pretty easy and there isnt much quibbling on stuff. the agreement on deposits is also clear - i just need to return it in the state i took the apartment in less usual wear and tear.

    i've been in properties before where the landlord has been a pain to deal with and argues/quibbles on any repairs etc. I normally get the agent i used to do a land registry check on the landlord to earn that commission - and to do the DD on this. typically my landlords have been older people who have paid off their mortgages already.

    Clearly i pay a small premium for this, but to me it's worth it. personal preferences I guess.


  4. #4

    Join Date
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    Wrong side of the door to hell
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    Quote Originally Posted by hongkongiser:
    Is it normal for:
    - landlord to provide full address details on contract?
    Depends whether they are living in public housing & trying to avoid you knowing this, thus reporting them when they try & keep the deposit at the end.

    Quote Originally Posted by hongkongiser:
    - landlord and tenant to provide ID card copies to keep when signing contract?

    See point 1

    Quote Originally Posted by hongkongiser:
    - tenants to request for mortgage lender's consent? (every agent I've spoken too from different agencies are telling me I won't be able to find any landlord who will provide this - is this true? Does any tenant here always ask for this before renting mortgaged flat?)


    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.

    Quote Originally Posted by hongkongiser:
    - tenants to request term that deposit is immediately returned at time of handing back keys to property? (assuming no property damage of course)


    Quote Originally Posted by hongkongiser:
    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?

    Your best bet is to document the condition of the flat thoroughly when you get the keys, with landlord present. Video it & get the landlord on camera, photograph it. Get landlord to initial any damage in writing. Test all appliances, check light fittings. Do the same when you have back the keys. It will make the small claims court case easier.

  5. #5
    Quote Originally Posted by hongkongiser:
    I typed a long post, but suddenly seemed to disappear! (apologies in case the previous attempted post was successful and there is some repeat here)

    1 year later from original post, no repossession took place and I stayed at the flat continuing to pay rent on contract no problems....until now when fixed lease has ended. Refused to continue renting paying a higher rental price without a new contract. (Landlord doesn't want to pay the taxes and fees)

    So, it is that worrisome time again.........will I get my deposit back?
    But troubles done end there.

    To avoid the problems of renting a flat with similar problems (e.g. landlord behind paying fees, not paying taxes, suspect may not return deposit) what can a tenant do to protect themselves realistically without placing themselves out of the market to rent somewhere?

    1. Get the lands registry document
    This document is v useful to know who the landlord(s) are, what structural work may have been done or is currently being done to the property affecting tenancy, if the property is under a mortgage etc....

    Any more?

    Is it normal for:
    - landlord to provide full address details on contract?
    - landlord and tenant to provide ID card copies to keep when signing contract?
    - tenants to request for mortgage lender's consent? (every agent I've spoken too from different agencies are telling me I won't be able to find any landlord who will provide this)
    - tenants to request term that deposit is immediately returned at time of handing back keys to property? (assuming no property damage of course)

    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?
    Speaking as a very small scale landlord:

    1. you can get the title search done to confirm that the name on the lease matches the name on the title

    2. you can ask for the landlord to include a physical address (not a PO Box) in the lease - this is standard (I've never seen a lease without the address for both parties)

    3. you can ask for the bank holding the mortgage to issue a written consent - but you won't get it. The banks I deal with either started asking non-trivial fees for doing this or stopped offering it all together. When the banks used to do this (a long time ago) it would often take 2-4 weeks to produce which means an unacceptable delay in the start of the tenancy. In practice, it's been a long time since any one asked me for this and I would flatly refuse if anyone did

    4. deposit return dates vary but are not on the same day as the end of the lease - there needs to be a gap between the tenant moving out and inspection for damage (I use ten business days - which also gives a buffer in case I am out of HK on the relevant days). I seriously doubt if you will find a landlord willing to refund the deposit until after after the tenant has completely moved out - unscrupulous tenants are very good at concealing damage and have a habit of leaving rubbish, spoiled food, unwanted furniture etc behind which I have to pay someone to remove

    5. if you are worried that your landlord may refuse to return the deposit, take photos of the flat before you move in and as soon as you have moved all your stuff out. Make sure the photos are dated - if you have to go to the Tenancy Tribunal questions of damage then become the landlord's word against your photographic evidence which should be a simple case to win.

  6. #6
    Quote Originally Posted by kimwy66:
    Depends whether they are living in public housing & trying to avoid you knowing this, thus reporting them when they try & keep the deposit at the end.
    Interesting! Did not know of this.

    Quote Originally Posted by kimwy66:
    Your best bet is to document the condition of the flat thoroughly when you get the keys, with landlord present. Video it & get the landlord on camera, photograph it. Get landlord to initial any damage in writing. Test all appliances, check light fittings. Do the same when you have back the keys. It will make the small claims court case easier.
    Good idea! Don't normally do this, esp. check all appliances since these are things that can usually break down during renting. Annoying that the agents don't bother doing the checking!

  7. #7
    Quote Originally Posted by Shiojiri Hiro:
    Typically my landlords have been older people who have paid off their mortgages already.
    I've tried finding units with mortgages already paid off, but is proving hard! Especially if choosing newer developments.

    Quote Originally Posted by Shiojiri Hiro:
    Clearly i pay a small premium for this, but to me it's worth it. personal preferences I guess.
    Agree it's worth the premium, but only if you can afford these rents! I am guessing rental for these apartments where the landlord owns the entire building and the land are A LOT higher priced. If I had the budget, I agree these could be a better option.

  8. #8

    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?

    MandM! likes this.

  9. #9

    Join Date
    Feb 2005
    Location
    Manchester, UK
    Posts
    7,790
    Quote Originally Posted by hongkongiser:
    Annoying that the agents don't bother doing the checking!
    What agents do in your own country and what agents do in HK is very different. In HK they show you the place, draw up the agreement and get paid 1/2 months commission from both side just for that. Its a nice gig lol

  10. #10
    Quote Originally Posted by hongkongiser:
    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?
    I do get a copy - the agent gives it to me along with a copy of the tenant(s)' business card(s). If they are new to HK and do not have a HKID card yet, I will get a copy of their passport.

    I've never been asked to provide mine.

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