Landlord wants to change terms before signing lease

Hi everyone. I would appreciate some opinion on the following:


My family and I found a flat we like and signed a Prelim tenancy agreement with the landlord recently. This Prelim agreement was signed by the landlord. We then proceeded to sign the full tenancy agreement a few days later. We moved in and all seemed well.


Our agent now advises us the landlord has yet to sign the full agreement and wants to change some terms contained in the main tenancy agreement.



Rather than including a set of standard terms (which were in the full agreement we signed), the Landlord wishes to change them so that he is not responsible for the upkeep and repair of the electrical items (including A/C and water heaters). If we agreed, this leaves us liable for repairing them ourselves - something which could work out being v expensive. It's also not fair, as these are his possessions.


On signing the original version of the full agreement, we checked with the agent that the landlord was happy to agree to standard terms - which are fair to all. So it's a mystery as to why they want to change things now?


We do not want to agree to the changed terms & it feels like a 'gun' has been put against our head.


On the money front, we paid one month in advance already, though not the further 2 months, as by some fluke that check bounced.


We need advice on what we can do and what's our legal position? Can we / should we hold out, requesting the landlord sign the original formal agreement. Or should we look for another flat and move away?


I am assuming (and wanting to believe!) the Landlord is not in a strong position. After all, we are sitting tenants in his flat and have no legal obligation to pay him rent, as he hasnt signed the agreement. Equally, we have no right to stay, though this is through no fault of our own. I assume the Landlord thinks he's being clever as he believes he has our 2 month deposit as security.


We are honest people and will do the right thing. We intent to pay fully for any period we remain in the flat, but just down want the Landlord abusing his position like this.


What should we do?

Welcome to Hong Kong Jack.


How did you even get possession of the flat prior to the Lease signed?


Your agent has cocked up here.


Why has this all changed now? Because your landlord has seen you have a family and are new in HK and has smelt blood and seen you as a sucker.


Have you paid the half month commission to the Agent yet? Has he told you what happens if either party withdraw from the prelim agreement, and that you must be compensated by landlord?


Didn't think so.


Yeah I was scammed out of 20k when I moved to HK 10 years ago, when the agent and owner got a better offer and gave my flat to someone else after I had signed the prelim agreement and paid a month deposit.


Dont forget the agent acts for both parties in HK which is stupid.


I would attack the agent for giving you possession and not telling you that you are entitles to compensation and you know your rights and he is your agent, and if he can sort it within 24 hrs you may not report him and his agent to their regulatory body.


Or say sure, but you need an independent surveyor to assess that the equipment is in good working order, receipts from the owner that he has had the equipment routinely maintained, and a 30% deduction for the added risk that the a/c will die.


He knows there is something wrong with the a/c, and btw if it is an older split system and it dies you gotta replace unit and compressor cos under HK law cant use the old refridgerant, and also the current type runs at higher pressure so you need to replace the chiller pipes tol cos the lld ones are too thin. That is 15_20k btw.


Dont be another sucker statistic to HK landlord,