Handover the flat to another freind /advice

Posted by syed456 (46 days ago)

My freind sign the contract for 2 years ( June 2006 to June 2008). Now he wants to give to another freind without landlord knowledge so that his freind continue to enjoy the same rent. Is there any Legal problem once the landlord comes to know and what legal action the landlord can take?

regards

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Posted by Hammerhead (45 days ago)

The deposit can be forfeited at a minimum if landlord doesn't seek other compensatons

Sounds like the lease has expired. Surprise landlord hasn't asked for a rent increase. If lease is signed with approval to sublet, one can do so without any legal recourse.

In any case, it is not advisable to sign the lease under one person and let a friend use it and pay rent unless there is great level of trust that rent would be paid on time and tenant's responsibilties specified in lease would be fulfilled. Failure to do so constitute a non compliance; deposit could be forfeited. Consideration should also be given to any unexpected complicatons in case this person has to leave HK/move out unexpected before the break clause kicks in. Whoever sign the lease will have legal responsibility.

Posted by syed456 (45 days ago)

Thanks for the reply Hammerhead

Sorry I was mistken with the year, it is 2007 June to 2009 June, so till one more year to go to finish the contract. Sorry for that.


As long as one who take over the flat pay the rent properly without any delay, Should there be any legal issue? Moreover the landlord never visit the premises since he sign the contract. Actually they plan to say, in case the landlord visit the flat, the actual tenant still staying the same flat and one who take over the flat just sharing with him(actual tenant)

Hope im clear

regards
syed

Posted by Hammerhead (45 days ago)

Well, legally what you have in mind is in breach of the agreement if the lease doesn't allow for sub letting by principle tenant.

How the landlord reacts to it if he ever finds out and whether legal action will be taken is anyone's guess. It is a risk you have to take. You ay/may not get away with it.

Posted by syed456 (43 days ago)

Thanks Hammerhead

Does anyone have similar experaince?

regards
syed