Breaking rental lease - advice needed

Breaking rental lease - advice needed

Posted by Shamus (0 sec ago)

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Hello, I would like some advice on breaking a rental lease. I moved into this flat last December (with a one year lease). I guess the landlord had recently purchased the flat just prior to renting it out to me, and didn't do much except white wash the walls. She reveiled that she purchased the flat at a good price, but never did much of an inspection beyond the visible surface condition of the flat prior to renting it out. However the flat is riddled with problems that seem never ending.


3 air cons were broken and caused water damage to one wall in our bedroom, as well as water damage to the outside of our 3 level village house (much to the displeasure of the ground floor tenants). This problem took close to 3 months to eventually get fixed as the ground floor tenants complained to the government. Our agent is useless and the landlord seems very reluctant to do anything. After a lot of effort the aircons were fixed but nothings been done about the water damage to the walls, as well as the half assed job the workmen did in patching up a hole in the wall left by the old air con (they put in a piece of glass that they had accidently broke into 2 and then used tape to seal it together)


We recently found out that we have in infestation of termites after 3 outbreaks of bugs everywhere but had chalked it up to just living in the new territories, but after asking the other people in our village(who did not have these "white ants" everywhere inside their flat) we had a professional pest control person come and look at it. We have termites! Hooray!


Also whenever it rains heavily, the rooftop (which was converted into a kitchen and living area) gets a lot of water coming in and pools on the floor. The electricity on the roof is also a bit sketchy where some outlets need to be replaced (scorched on the surface and deemed as dangerous by another repair man).



On top of this the landlord still has not provided one single rental receipt for us even though we stipulated that we wanted them from the beginning. When we ask our agent about this we always get the same old..."she's busy blah blah blah" response.


I have withheld rental payment this month under the conditons that: I want receipts, the termites to be "terminated", the walls fixed, and the something to be done about the flood upstairs whenever it rains, oh yes and I'd rather not be electrocuted while ironing my shirt some morning.


Do I have sufficient grounds to terminate our rental contract. The landlord has a 2 month deposit, which I don't expect to ever get back. Judging by previous advice on this forum, I should use this as this month and next months rental payments and find a new flat for July.


Is this within my rights?? The landlord took forever to fix the aircons and now with the termite problem (est. 4000-5000 hk$) along with the other things which need to be repaired, I don't forsee any quick response. I'm unhappy with the inconveniences caused by this, however the termites are unexceptable.


What would the best course of action be. I guess I would be willing to stay if everything was repaired in a timely fashion but I'm thinking that this is a fantasy on my part. Should I just put up until the end of next month and then leave?

As that way at least I will make use of my deposit (in that I don't expect to ever see it again anyways) and leave the landlord to repair, sell, or do as she wishes with it?


Any advice would be appreciated.

Thanks.




(I am based in Hong Kong)

Unfortunately, there are no magic answers: the Common Law test invariably comes down to what is "reasonable". You could try one or more of these suggestions:



1)Call the Lands Tribunal Advice Hotline: 2771 3034.



2)Contact the CAB for advice.http://www.cab.org.hk/



3)Risky: Wait for the landlord to apply for a court order to throw you out, then explain to the court why you're not paying. You will be in a stronger position here if you have copies of letters sent by registered mail (with an official translation into Chinese, if there's any chance the landlord might pretend his poor English prevented him grasping the gravity of it all) that set out the problems and why you are withholding rent; and that clearly set out what you reasonably require him to do before you resume paying rent. Also evidence of the rent and deposit you have paid so far - hopefully you have paid either by autopay, direct bank transfer or by cheque crossed both "A/c Payee" and "Not Negotiable".



4)Talk to a lawyer. If your rent is over HK$15k or so, it's probably worth going directly to this step. Select your district and "Landlord & Tenant" in the 'Specialised Area' dropdown box at http://www.hklawsoc.org.hk/pub_e/lawfirmdirectory/



PS. In case this happens to you again, you shouldn't need to wait ages for the landlord to fix aircons. Standard practice (unless your rental agreement sets out anything to the contrary) is to inform him of the problem and explain that unless he fixes it within a reasonable time (say five working days in an urban area, a bit longer in the sticks) you will get it fixed yourself and deduct the cost from your rent. Keep receipts.



Don't bother talking to the agent unless he's super-helpful; he's been paid upfront, and alienating landlords for no reward is a long way down the list of priorities in a commission-driven business.

New Information:

The landlord agreed to let me out of the lease(as the flat is unlivable at the moment and I had to find alternative living arrangements under the circumstances). I was told to settle the power and water bills and to be out by the 1st of the month (all of which I did (all within 2 days!!)and the landlord would meet me at the flat to collect the keys and give me 1 and a half months deposit back (as I stayed there for 2 weeks without paying rent). However as the time for our meeting came and went.... no landlord. After many phone calls, he said that he was sick and couldn't come. No alternative arrangenments were made as he said he would call back but never did and then switched his phone off. I think he is just giving me "the run around" so to speak.


In hindsight, I foolishly took someones word and have already aquired a new flat and paid another 3.5 months upfront + moving expenses + lost some furniture as it was affected by the continuing water and termite problem. My question is... what course of action can I take?

Obviously I would have stayed in the flat until my deposit was used up, however it is unlivable at the moment. I had a verbal agreement with the landlord (which I was going to get documented when we met but alas...) which I can prove as I needed a colleague to act as an intermediate as we can't communicate directly.


Is there anything I can do? I know that a landlord must return a deposit within a 7 day period after damages are accounted for. However, under the circumstances I feel that I was being generous not asking for my furniture to be replaced and for my alternative accomadation to be paid for. If I don't hear anything after 7 days, what should I do? The flat is empty and needs major repairs soon as the termites are inside the baseboards and stairs and water continues to come through cracks in the walls. I was trying to be reasonable and fair in all of this, but I have a strong feeling that he has every intention to cheat me.


I just can't believe that someone could be so dishonest and untrustworthy. Please give me some advice if possible.

(I am based in Hong Kong)

New Information:

The landlord agreed to let me out of the lease(as the flat is unlivable at the moment and I had to find alternative living arrangements under the circumstances). I was told to settle the power and water bills and to be out by the 1st of the month (all of which I did (all within 2 days!!)and the landlord would meet me at the flat to collect the keys and give me 1 and a half months deposit back (as I stayed there for 2 weeks without paying rent). However as the time for our meeting came and went.... no landlord. After many phone calls, he said that he was sick and couldn't come. No alternative arrangenments were made as he said he would call back but never did and then switched his phone off. I think he is just giving me "the run around" so to speak.


In hindsight, I foolishly took someones word and have already aquired a new flat and paid another 3.5 months upfront + moving expenses + lost some furniture as it was affected by the continuing water and termite problem. My question is... what course of action can I take?

Obviously I would have stayed in the flat until my deposit was used up, however it is unlivable at the moment. I had a verbal agreement with the landlord (which I was going to get documented when we met but alas...) which I can prove as I needed a colleague to act as an intermediate as we can't communicate directly.


Is there anything I can do? I know that a landlord must return a deposit within a 7 day period after damages are accounted for. However, under the circumstances I feel that I was being generous not asking for my furniture to be replaced and for my alternative accomadation to be paid for. If I don't hear anything after 7 days, what should I do? The flat is empty and needs major repairs soon as the termites are inside the baseboards and stairs and water continues to come through cracks in the walls. I was trying to be reasonable and fair in all of this, but I have a strong feeling that he has every intention to cheat me.


I just can't believe that someone could be so dishonest and untrustworthy. Please give me some advice if possible.

(I am based in Hong Kong)

No change to the advice above: I doubt you will see the deposit again unless you go to either the Lands Tribunal or a lawyer (see links above).



PS. As you are going to be spending a while in HK, and as you have an unusually trusting nature, it would not hurt to re-read "I, Claudius":



Herod: Listen Claudius, let me give you a piece of advice.

Claudius: Oh, I thought you'd finished giving advice.

Herod: Well, just one more piece, then I'm done. Trust no one, my friend, no one. Not your most grateful freedman. Not your most intimate friend. Not your dearest child. Not the wife of your bosom. Trust no one.

Oh, Shamus, I feel for you.


I'd say embrace your new apartment and run. Forget the whole episode as best you can.


Going to a lawyer might satisfy the urge to get back at the landlord initially, but your landlord sounds like a con who has messed around with many people. Cons know exactly which promises to deliver to get people off their backs. Then they disappear. A legal letterhead isn't going to help much in making these people act right. Of course, it's your call to judge whether to cut the losses before you get entangled even more.


Lawyers: If you're lucky, you'll find someone nice. But some lawyers are swamped and might treat your case as trivial and throw your case to the backburner. You might end up losing even more money and energy pursuing justice.


It's a learning experience. Although I haven't been ***** yet in the realm of rentals, I have been naive, impulsive, and foolish to trust these types of people. Consequently, I was even more foolish to trust these people again after they didn't deliver their promises or to think I had the power to intimidate them with a legal letterhead.


Forgive yourself, above all. No one is born with all this knowledge. Most people acquire it the hard way. Now you know and you'll know how to protect yourself next time.