Rent reduction

We will move into another flat early June 2008.


When we visited the flat and during negotiations, landlady informed us that the building will have outside renovations-painting and minor repair works until end of May.

The work included scaffolding and green net all around the building!


We heard from neighbours that the scaffolding might last until end of summer- around end of September. It seems correct, because no worker is doing anything since the last 6 weeks.


Is there any chance reducing the rent? Is there any chance asking for compensation?


How is the legal situation? Tenant must accept any condition if landlord is not telling the truth?


Please kindly help us to sort out this matter-Thanks, lotti

Patrick, how can you say that? You're an agent yourself and so am I, and surely you've shown properties before and not known that renovations were going to take place? I certainly have, it just isn't possible to be aware of all renovations that are going to happen all over Hong Kong!

1. Scaffolding never stays for only 6 weeks, unless it is just for one apartment (a/c, window reno etc). So don’t get sold that tripe!


2. Due diligence - in HK property owners multi-list and it is not uncommon for different agents to have keys and be offering different prices, thus with so many comings and goings, the agents don't know the full scoop.


3. I agree, a credible agent should know, and at least enquire - hell! it's often written on the noticeboard or you call always ask at the management office.


4. You can take issue with the Agent, but nothing will come of it. Also, even if you asked at the management office and they said "no" when they meant "I don’t know" (note, HK people never say "I don't know", so you must phrase your question so you can tell whether they really mean no), you cold not take issue with the management company as they will blame the agent, the agent blame the landlord for not telling you, and as agents are agents for both parties, it just ends up in a complete mess and you still pay the full cash.


5. Same if the agent or management office tell you the wring car space goes with your apartment, then when you move in you find out, and your car won't fit into the piddly little wedge of uncovered space, and you then have to pay another 2k plus of another resident to use their space. The Agent ducks for cover, the management office's central employer says it is your responsibility to quiz the owner - and meanwhile you've got nowhere to put your car and are paying massive amounts for short-term and have to walk 20 mins to get it each morning (or catch a taxi to it) so you just cough up the extra 3k cos you are spiralling backwards financially, not to mention extreme inconvenience!


5. I have said this before on this website and will say it again:


Find an honest, ethical AND diligent agent, get to know the tricks of HK real estate, and listen to others' experiences. Then if something does go pear-shaped, than at least you will know your agent was genuinely unaware and not negligent/sloppy.


6. Further, when it comes time to sign a lease contract, you can wedge whatever you want into it (you really need some legal training though or you make it worse!), and I have before and will again.


But what I will put in next time:


The owner states that all aspects known or would be reasonable to be known to the owner relating to the quiet enjoyment of the tenant, including and not limited to renovations, alterations, capital works, building acquisition, and health and hygiene, have been disclosed to the tenant or the Agent of the tenant. The owner agrees to a monthly reduction in rent fees of 25% or the perceived market price, which ever is the lower, in the event the quiet enjoyment of the tenant is interrupted due to any one or more of the aforesaid conditions if known at this time yet not-disclosed.”


This is off the cuff and possibly not (fully) legally binding, but if an owner won’t agree to that clause or your Agent encourages you not to include it, then you would have to seriously consider their honesty and integrity, don’t you think eh?