DO ORAL RENTAL EXTENSION AGREEMENTS HOLD UP HK REALISTICALLY?

Its common knowledge that the Landlord-Tenants Ordinance is greatly ib favour of landlords which is why I was wondering if anyones been in a similar situation n how it panned out.


A year ago I signed a 1-yr lease with a medium-sized property company very reluctantly. However I did so at the urging of the agent n the Co rep who convinced me it was standard for that Co to offer a 1-yr lease which would DEFINITELY be renewed.


A year later Im asked to vacate the premises for no specific reason citing simply contract end. In all my communication to the rCo Rep asking him to keep his promise he has never denied our Oral Agreement. Yet his legal team have initiated legal action. Not sure whether its worth fighting. But I do so hate moving as Im a shopaholic n have tons of stuff :'(


Btw the agent was so confident the tenancy would be renewed he agreed to hold off taking his fee til the contract was renewed.


Pls advise options. Tks!

As a general proposition, agreements relating to real property must be in writing to be enforceable. If you didn't get in writing, it is unlikely that there is much you can do.


Very odd that they only offered a one year lease - the standard in HK is two years (either with or without a break clause). In any case, most leases will only give you a right of occupancy during the term of the tenancy and if you do not move out in time, the landlord would have the right to withhold damages from your deposit and/or to seek further damages from you if the deposit was insufficient.

Tks traineeinvestor. Still wondering about the point of oral agreements esp with a witness present, however reluctantly :)

However hope to at least get back moving costs etc. incurred solely coz I was convinced I wouldnt hv to incur them for several yrs at least.

MOVING is a Hassle and Not Fun.


But if you look around, you may find a bargain in the present market

You should take your signed lease to a solicitor for review in order to confirm whether the renewal is indeed “optional”. Although oral agreement is in fact enforceable, it is not easy to prove especially you also have a written contract/lease.


Weir & Associates

Solicitors & Notaries

16th Floor Tak Shing House

20 Des Voeux Road Central

Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

Email : WeirLaw@WeirandAssociates

www.WeirandAssociates.com

Sorry missed the last 2 replies as don't log on much to the Internet.


Been through the District Court n now at the last stage before I head to the High Court. Now awaiting reuslt of my appeal against Decision. Got another 7 months this way so not a wasted exercise.


Overall seen 2 Masters and 2 Judges. Clearly the system favours a represented litigant as in the case of my landlord, a property company. Masters and Judges rude to me, expect me to have ESP re "procedures" and the "correct way" of doing things ... they don't seem to care abuot the fFACTS or getting them from me.


Last week pointed out very respectfully to an embarrassed and stunned Deputy Judge why his decision was incomplete as he based his judgement purely on written submissions. I suggested having a drop box downstairs and doing away with costly solicitors appearance fees as his Decision did not relflect any of my Oral submission vital to the case.


I have lots of proof but wasnt quite sure what to put forward in my affidavit though put them before him in court. His judement reflected none of my oral submissions n he rejected my written submission of exactly the same info at my appeal!


Being a fairly attractive stylish woman (albeit with a business degree with honours) makes them feel Im a bimbo n so they can walk all over me!


Enjoying the fight though! :)

You may have missed a chance to rent an alternative place cheaply (as I suggested above), since rents are now rising.


It sounds like you had a great learning experience - though possibly a painful one.


If you are on HK island you may be lucky, since some areas popular with expats are still seeing downwards pressure on rents.

Yep OTP, it was quite a learning curve.


My advice to anyone going to court against a legally-represented landlord, get your own solicitor and increase the odds of winning coz anyway u will be ordered to pay the other sides costs :(


Doesn't seem to matter here if you have the moral highground backed by proof in the form of an agent witness...judges walk all over you n fixate on procedure that u didn't know about therefore couldn't follow, rather than getting the facts of the case. 3 out of 4 judges were rude to me as a form of intimidation for me to give up while exceptionally polite and considerate to the solicitor of the plaintiff.

So it does make more sense to have a black suit sitting next to u.

excuse me but it is beyond me why anyone would go to court without a black suit....