Have I lost my 2 months deposit?

I just want to know what you all think will happen to me in one month's time.


I got a 30% rental increase a couple months back, which caused me to look for new place.  I just gave my landlord notice early last week, I'm moving out by the end of the month.  Today, I just remembered that I read somewhere (one of the hk gov websites i think) that the current landlord may not be obligated to return my deposit, since the original landlord sold the apartment to the current landlord about a year ago.  Just wanted to get everyone's opinion on my chances of getting my 2 months of security deposit back, come 31 jan?


That website, that i can't remember where, said if a property changes hands, the new landlord has no obligation to refund the tenant, since the contract was with me and the old landlord.  To protect the myself, I'm supposed to arrange with the old landlord, new landlord for a separate tri-party agreement to stipulate the deposit got transferred to the new landlord, so the new landlord has onus on the deposit. Of course I didn't do that, and can't get hold of the old landlord now.  I have a sneaky suspicion I may lose my deposit cos of this.  What should I do?


By the way, I informed the landlord that I'm vacating verbally by phone only. This is because the current china based landlord hasn't supplied an address, they only gave me their china phone number.  I just read my tenancy agreement and it says I'm supposed to give written notice.   Will this invalidate my notice?  What should I do, send the notice via international SMS, or request her China address, and send the notice to there?


Normally, I would attempt to contact the original agent, but it's kind of awkward since my agent has nothing to do with the new landlord, let alone have his contact.  He only brokered between me and the old landlord.  I was wondering, since I did pay the guy half a month's rent as agency fee, is he obligated to help mitigate or help what so ever in my case with the new landlord?  Can I serve the break notice to the new landlord's lawyer, who gave me the owner transfer notice?


So many questions, I need a beer now!

That thought had crossed my mind. Guess I better shoot a letter to their lawyers office tomorrow just in case. Based on the lawyer's letter last year, it definitely omitted to mention the security deposit; just the responsibilities of the tenant. Fair play I guess, since the landlord is their customer I suppose. I will dig out that site, which mentions the gray area about this.... As soon as I find it. I just hope I'm being paranoid!

I just found the site I searched a year ago when I got the lawyer's letter. After re-reading it I recall why I got all worked up that I won't get my deposit back.


http://www.hkclic.org/en/topics/landlord_tenant/landlordSellsThePropertyWithExistingTenancy/q2.shtml


Basically, at the bottom it says: "However, the deposit paid by the tenant deserves particular attention. According to a judgment made by the Privy Council (the final appellant court for Hong Kong before 1 July 1997) in 1986, the covenant made by a landlord to return the deposit to a tenant is a personal promise, and is thus enforceable only against the landlord personally but not against the new owner. "

Thanks for your advice - I needed the sanity spanked into me! Good idea, I'll drop a note to the lawyer as u say. Can't send to the owner since they didn't leave an address. Fingers crossed!

I bought a flat with a tenancy and the deposit was transferred to me as the new owner.

Hi Everyone,


Landlord finally called me back to arrange the handover of keys, deposit and inspection; however, he says he isn't available the next month (he lives in china). He says a friend of his in hong kong will handle all matters to conclude this. Its all verbal communications till now. Has anyone got advice for my following Qs?

- if there's any dispute and his friend doesn't return the deposit, should I still return the keys?

- i do feel a bit uncomfortable giving the keys to a stranger, can I request the landlord to fax a signed authorization letter to her friend?

- can I request letters in English, just in case the authorization letter is in Chinese?

I have also been renting a flat that was sold and the new owner inherited all of the responsibilities of the previous landlord.


The same thing also happened to me regarding the rental jacking and unless you are willing to accept the rental increase (which I understand you're not) then the landlord needs to serve you notice on the existing agreement in order to change anything. For most standard two year contracts this can only happen after the first year.


I did get the deposit back from the new landlord without any trouble, but he had to wait an extra couple of months to get me out because I was only 10 months in to the contract.


In a different tenancy agreement I had, the landlord sent his friend around to

finalise everything when I moved out. I requested the agent who helped me find the apartment be on hand for the handover (in fact I always do) as I'm normally working with her to find a new apartment around that time anyway and she is always very happy to help with this and provide support in case of any peculiarities, letters in Chinese etc.


One other thing, make sure you get receipts to finalise the handover with the landlords signature on them. In my case the landlords friend signed the final receipts and it caused me problems dealing with my tax later because the signatures didn't match the tenancy agreement.

Play fair, and you will be treated fairly.


HK tends to be ruled by laws, and they are mostly sensible.

Quick update. The China-based LL did send her friend to handle the exchange, so I met with them, walked through the flat (spanking clean I might add), negotiated repairs (none were required), signed a receipt (for the deposit return cheque), which cleared in a couple of days. Melodrama over! Good luck to others and HTH!


As a side note, contrary to my ISP's T&C's, I even got off my 24 month BB contract, since there was no coverage in my new area! Just need to know your OFTA regulations! Will miss their service.


BTW, DanUK, u r getting rental receipts for housing allowance purposes right? I didn't bother following up the fact that my LL never gave me any receipts, cos I don't get allowance for accom.