My friend was the tenant of a flat at greenville garden block D, he has just hand over the flat and is now facing problems with his ex landlord who is threatening him to keep the deposit. Reasons are, landlord wants the tenant to replace the new light fixtures with the old ones, repaint walls, remove brand new blinds that he has left behind, replace an old bathroom cabinet which belongs to the landlord. is there any lawyer who can give advice ?
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JJALD
17 yrs ago
I think that the landlord can technically request him to do all this, as except fair wear and tear the tenant is responsible for handing back the property in the same condition, incl. all fixtures & fittings. Not sure he can keep the full deposit without some proof of costs incurred though...
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Why doesn't your friend just do what the lease agreement legally requires him to do? The new light fittings may look wonderful - to your friend; the new blinds might be oh-so-fab. But the landlord didn't ask for them. As JJALD says, fair wear and tear apart, a landlord is entitled to have his property back in the state it was at the beginning of the lease. There is, of course, a practical problem in that the handover has taken place and your friend is out of occupation. Best thing to do is arrange with landlord for your friend to have access to the property with a handyman to do what is necessary. If there is already a new tenant and the work cannot conveniently be carried out, arrange for a handyman to give a quote. Pass that to the landlord and ask for the balance of your deposit back. In fact, maybe you should pay a visit to the new tenant (if there is one) and see what, if anything has been done. If the landlord has already done what he demanded of your friend, ask him for eveidence of the cost. If he can't produce any, tell him he cannot prove loss and u will take him to the Small Claims Court. Then do it. He probably has better things to do than enter into a legal wrangle with you. Oh, and don't use a lawyer - we can seriously damage your wealth.
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repainting is normal wear and tear, no?
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Yes, I m pretty sure it's up to the landlord to repaint before the next tenant moves in.
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Write a letter to the landlord setting out clearly your right to receive the deposit without deduction since there are no damages....indicate that the landlord has 7 days from the date of the letter or action will commence. Then commence an action in either Land Tribunal or Small Claims.
Weir & Associates
Solicitors and Notaries
16th Floor Tak Shing House
Theatre Lane
20 Des Voeux Road Central
Central
Hong Kong
Tel : 2526-1767
Fax : 2868-3568
email : weirlaw@hongkonglaw.com
www.HongKongLaw.com/weirlaw
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