Urgent Help

I am renting, and have lived there for 6 months. Recentaly the landlord told me that she sold the house. Now I have a couple of questions:

1. The new landlord and old landlord has dispute about the renting paying in this month (I pay every 15th of the month). I got stuck since both of them believe I should pay rent to them.

2. The lease does not mention anything about the situation when the owner sold the house. How can I be protected in terms of my security deposit and my duration of stay with the new landlord? The new landlord has shown the sign he wanted to move in soon.


Many thanks! Really need your help!

You need to speak to a lawyer to be certain of your situation; however my understanding is that the property is leased to you and the new owner will have bought the property with lease. Therefore, he cannot kick you out until the lease has expired. I have bought a property with lease and what happens is the buyer receives the security deposit from the previous owner. Typically, you would pay the rent to the previous owner until the flat changes hands. For example if you pay your rent on the 1st of the month and the flat changes hands on the second then you would pay the original owner. The original owner would then take 1 day's rent and pay the balance to the new owner. the following month, you pay the new owner. All this is sorted out between the solicitors prior to completion. There can be no dispute between the 2 landlords otherwise completion wouldn't take place. Nothing changes as far as you are concerned. However, if the new owner is giving you grief you should speak to a lawyer. Just out of interest. Do you have a proper rental agreement with a CR-109 and stamp duty payment?

When did the lease start ?


It is very simple ! For example, if the lease started on the 1st and the new buyer completes the transaction on 20th ; then you pay the rent for 01 - 19 to the old landlord and the rest to the new one. And of course, you can stay until the lease finishs.


Don't you think it is fair to everyone !?

Thank you very much!

I do have a rental agreement signed in Centa Property Agency. I did pay the stamp duty, however, after I checked the lease agreement, I did not say anywhere to say I paid the stamp duty and RC-109. What can I do? Thanks a bunch!

If you did your tenancy agreement through centaline then your tenancy agreement should have a stamp on it to show you have paid Stamp duty. cantaline should also have filled out a CR-109 of which should have a copy. If not, don't worry it shouldn't affect your tenancy agreement. Simply contact agent and if he/she can't help, contact the Ratings and Valuation Department. Go to http:///www.gov.hk to find their web-site. Every landlord should give you a copy of the CR-109 and you can drop them in the s*** by telling the R&V Dept that you haven't got one as they may not be paying property tax. The CR-109 explains all the details of the tenancy to the rating and Valuations Dept. this is often cross-checked with the Inland Revenue. Is your tenency agreement a 1-year with an option after 1-year?

Peanuts

Don't stress about the CR-109 form, that's the Landlord's responsibility. It's for the ratings and valuations dept' for calculations of rates, and the like. The tenant never need lay eyes on it.

The new landlord must adhere to the terms of the tenancy agreement, so they can only get you out once the break clause is actionable (assuming they have one). If you don't want to leave, then just sit tight, and pay your rent on time, etc - don't give them any excuse to kick you out. If you are open to the idea of leaving early, you can suggest that they pay you to leave. A couple of months' rent for the inconvenience...