Landlord Breaks Contract?

What can I do if my landlord breaks our contract on my flat?


I am renting a flat in Hong Kong through a property agent. I began renting in January and had a 12 month contract. I renewed the contract a few weeks ago for another 12 months.


Therefore I should be entitled to stay in the flat until January 2008. That is what my new contract says.


However, the landlord wants to sell the flat and he brought people to see it before the renewal. He didn't get the price he wanted from these people as buyers. He then agreed with the property agent I could lease the flat for another 12 months.


Today the property agent brought more people to look at my flat. I called the agent and asked him what was going on. He said the landlord still wants to sell the flat. The agent reassured me that I have a 12 month contract and can stay in the flat.


What can I do if the landlord tries to break the contract with me - if he asks me to leave. Can he do this? If so, does he have to compensate me?


Can I refuse to leave because I have a signed contract (signed and officially stamped by the agent)? Is it likely I would have to go to court at some point if the landlord insists he wants to sell the flat soon?


Also am I within my rights to refuse entry to the flat of people brought by the agent to view the flat? It seems to say on my contract that I have to allow people sent by the landlord within the last 2 months of my contract. Surely, because I have renewed until January 2008 I can refuse entry to people who the landlord requests the agent to show my flat.


Thanks for any comments.

The agent rang the door bell and was allowed in by my girlfriend. I was at work. I have told her not to let the agent bring anyone else round to see the flat.


If the agent questions this, I believe I am within my rights to point out that the contract appears to state that the landlord only has access to the property during the last 2 months of the contract (i.e. in November 2007), during which time he can send workers around with his written consent.

Is there anything in writing that the lease is extended. Property agent may not be someone you can trust.

There is no rule prohibiting your landlord to sell the flat to a purchaser subject to an existing tenancy. It is more important that as a sitting tenant you have subsisting rights in a contract (validly entered between you and your landlord or its authorized representative) granting you among other things renewal of tenancy for another 12 months, remedies against the landlord for breach of contract in the event of unlawful interference with your quiet enjoyment of the flat etc.


Call our Ms. Maria Chau at 2526 1767 to fix an appointment for a meeting with us to review your papers and advise you fully. Our charge is HK$2,500 for a conference.


Weir & Associates

Solicitors & Notaries

2108 Gloucester Tower

The Landmark

15 Queens Road Central

Hong Kong

Tel: 2526-1767

Fax : 2868-3568

email : weirlaw@hongkonglaw.com

www.HongKongLaw.com/weirlaw

During the rental period, you basically have the every rights to reject or refuse any request or demand from your landord, unless it is mentioned in the lease. Landlord basically can't do anything to you until the lease expires, and also that they will need to give you an advance notice on termination of lease or further renewal. Any early termination is up for compensation...

We were in a similar situation last year. The agent asked our permission if she can show our flat to some prospective buyers. We were also keen to transfer but did not tell the agent.


One very interested buyer offered to compensate us if we agree to preterminate our contract and if we can leave within one month's notice. He offered HK$40000 + moving costs as compensation. Not a bad deal since we wanted to move anyway...


End of story is, another party bought the flat after just one viewing, no negotiations were made since they were not in a hurry to move in. We opted to preterminate the contract as long as all deposits were returned and no other costs charged us.


If you are not keen on moving, speak with your landlord and arrange for adequate compensation. Remember to plug in moving costs bec it is not cheap. Good luck