URGENT help - Tennant breaking lease

here is my situation:


my tennant signed a 1+1 year lease with me, during her stay she requested me to make a number of unnecessary repairs and new air conditioners and I did them all, she later requested me to renovate the whole kitchen as she claimed she didn't like the smell and style 3 months after she moved, i refused as it would cost more than her annual rent.


she's been with this flat for 5 months and paid on time, but early this month, she verbally informed my agent that she was going to move out end of this month and has not paid the rent since. we asked for a written notice and she was not willing to do so, now she just informed that she has changed her mind and would stay in the flat but refused to pay the rent at the same time. In the mean she called me non stop asking for renovation of the kitchen, out of anger, i just told her that she could find another flat and i'd would the deposits back mins all the agent fee plus repair fee.


here are my questions:


1. should I go to rental tribunal or small claims court for her breach of contract and remaining rentals?


2. when we signed the contact, we didn't get the contract stamped chopped, do i need to get it chopped first, would this get me into trouble


3. what if i just change the lock fo the flat and arrange to delvier ths stuff back to the tennant?


4. she only paid 5 month rent so far, am i supposed to return the deposit to her if she's willing to leave end of this month?


would be grateful for your advice. thx in advance

1. If you want to repossess your property, it's the Lands Tribunal. The Small Claims is for the rent (money) only.


2. The agreement should have been endorsed as otherwise landlords of domestic properties are not entitled to maintain legal action to recover rent. But you can do it now by paying a fee of $500.


3. Could put you at risk of criminal charges. Best to go through the correct legal channels.


4. Don't know. Could depend on the contract.


The Community Legal Information Centre has good information on Landlord and Tenant problem. You might want to take a look.

http://www.hkclic.org/en/topics/landlord_tenant/index.shtml

many thx Claire - super


re above 4. according to the contract, she's supposed to live in my flat for at least 12 months

Hi I've just checked the lease agreement we signed, it clearly states that the landlord has the right re possess the flat without informing the police or rental tribunal and teminate the contact if the tennant fails to pay the rent 10 days after the due date, does it mean I can change the lock fo the flat? she hasn't paid for way more than that...

You seem to be assuming that a judge would regard the terms of the (unendorsed) contract to supersede the actual law. BTW, in my opinion that term contravenes the law.


From the LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 119V


(1) Any person who unlawfully deprives a tenant or sub-tenant of occupation of any premises commits an offence and is liable on conviction on indictment by the court-


(a) on a first conviction, to a fine of $500000 and to imprisonment for 12 months;


(b) on a second or subsequent conviction, to a fine of $1000000 and imprisonment for 3 years.



(4) Where a person is convicted of an offence under subsection (1)... , the court, in addition to passing sentence, may order the person convicted-


(a) to pay to the tenant or sub-tenant such sum as it thinks fit by way of compensation for damage, loss or inconvenience suffered by the tenant or sub-tenant by reason of the conduct constituting the offence;


(b) to forfeit to the Government a sum not exceeding the equivalent of the difference at the date of the contravention between the market value of the premises with vacant possession and the market value of the premises with the former tenant or sub-tenant in possession.


-end-



So if you break in your own property and change the lock, you could be fined and/or go to prison plus you could have to pay the tenant compensation. Or you can take the legal route.


I hate to say this but some people play this kind of "game". Get that contract endorsed and start legal proceedings.

yes we have already got the lease agreement stamped yesterday as soon as i got you advice. in this case, will the clauses in my agreement still stand? thx

oldhand, the kitchen was a brandnew kitchen, i bot the flat for only 1 year and the tenant only asked for change 5 months after she moved in.


why do i need to return the remaining the desposit when she has only stayed for 5 months? she's breaking the lease, i spent more money on getting her new air cons, ventilator and heater plus the agency fee than her 5 month rent? both her and my property agents apologies to me for getting me a bad tenant... i am asking for advice here, yes you are hearing one sided story and can you advise based on my story then as I am asking for help?