Posted by
Matt1973
17 yrs ago
Have been at my current location for under a year and today just received notice that he intends to increase my rent by 30% or serve me two months break lease notice.
It seems there is no longer anything to protect the tennant and it makes me feel sick that I have been essentially blackmailed to cough up.
The rent he now demanding is actually top end for what you would pay for a brand new flat in my block. In fact what I am currently paying is pretty reasonable. I had anticipated a rent increase, but a year in to two year lease, come on!!
Anyone else having the same problem, location is Bel Air.
More importantly any advice would be awesome!
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ldavy
17 yrs ago
Hi Matt,
Linda here. Check out a previous posting - the title is something like "1 + 1 what's the point" - someone else having exactly the same problem.
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thanks Patrick! I was anticipating a rise after 2 years not 1 year and certainally not 30%. Am trying to negotiate with them as I don;t want to move but what they are asking for is ridiculous and obviously if I do manage to negotiate I am pretty sure they will pull the stunt again.
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thanks Patrick! I was anticipating a rise after 2 years not 1 year and certainally not 30%. Am trying to negotiate with them as I don;t want to move but what they are asking for is ridiculous and obviously if I do manage to negotiate I am pretty sure they will pull the stunt again.
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Normally, break clause can only executed by the tenant, but not the owner. Better check it out with some one with legal background.
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ldavy
17 yrs ago
That's absolutely correct HKPJC, the landlord cannot increase the rent halfway through the tenancy period. However, he can invoke the break clause and in effect can hold you over a barrel by saying he will invoke the break clause unless you agree to pay more rent. If you agree, you must have a new Tenancy Agreement.
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In order to avoid the same situation from arising next year, you may wish to negotiate a 2 year lease (without break clause) as opposed to a 1+1 lease. However, do bear in mind that you and the landlord are both locked in for 2 years.
HF
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rkb
17 yrs ago
I'm afraid supply at Bel Air is quite limited, and accordingly Landlords have pushed up their rentals significantly. The same applies throughout HK really, so your situation is not an uncommon one.
If you got in at a reasonable rental a year ago, it's not surprising that your landlord would hv insisted on a two-way break clause, which I suspect was the case. This two way clause is becoming increasingly common especially with private landlords.
My only advice if you have a two-way break clause is that you do your best to negotiate a deal with your existing landlord. The increment would likely still be cheaper than having to move to another unit of the same size at Bel Air, as you can be sure the very limited options would be equally expensive. In addition, you would have to consider additional costs such as movers, agency fees etc. The only other alternative would be to downsize to a smaller unit or move out of Bel Air altogether. However next time, do your best to avoid this two-way break clause. It's a lot cheaper in the long run to offer a bit more on the rent instead.
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