very urgent advice needed.

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ORIGINAL POST

Posted by rachna 14 yrs ago

We are family of 4, Living in independent 3 story house with a fenced patio in Lantau Island, when we looked at the house land lady insisted to sign 2 yrs. fixed contract in 2009 August. Soon after moving in we found out illegal electricity wiring all over, for almost 2 to 3 days we had to live under 1 air-con in such a big house, we told our land lady and only after 1-month after seeing 3 or 4 contractors she got half of the problem fixed, every now and then during rain and thunderstorm we have a short circuit in the house and whole house light goes away. I have changed number of Bulbs as they blow up when we switch them on. We told land lady about this and she did not take any action.

In November 2009 we had Lands department people outside the house and they said the patio land is Illegally fenced and they will prosecute us if we dont remove the fence. We told this to the land lady and she said she will look in the matter, Every now and then lands department people come to the house tells us curtly to remove the plants and fence from the patio. On 28 oct 2010 land lady told us that she will be removing the fence as lands department sent her the prosecution letter.

During same time around january 2010 our 1st floor toilet's roof started to fall out, cement & paint started coming out and we stopped using that toilet. We told the land lady she said we'll send the contractor, But No One came.

In June 2010 the whole ground floor was flooded through the electric socket because of the broken drainage under the bathtub on 1st floor which is located right above the electric socket and our kitchen. We told about this to our land lady and she said she'll send her contractors to fix the problem. But No one came.

She rudely told my wife that she is in Taiwan for her holidays and would be back in end of the month and then she'll see what she can do. She comes back from the holiday (But never calls us) and calls one of the handyman in Lantau to check the problem. He comes home and show him all the problems. Handy man told our land lady that it's a big job and she would have to spend lots of money to fix everything and the renovation will take almost 2 months.

Our land lady does not calls us even for a second and goes for her next Holiday to Bali.

We called up Lands department, EPD department, District Counselor. Every possible and legal entity to our house to tell our land lady to fix the problem. All the departments declared the house Unlivable and Unsafe.

calmed

After getting fed-up with the whole situation we sent an e-mail to her and told her to fix the house. She comes back after 2 or 3 weeks and then again sends her new contractor ( But never calls us). This new contractor comes from DB and is a property agent. She comes as a representative of our land lady and looks at the whole house situation. She tells us that the renovation cost is to high and the land lady is thinking that we are taking her advantage.

She said that how can we do the settlement with the land lady. i told her that the contract is for 2 years fixed and she should get the renovation done. she said that land lady agrees tp give us our deposit back with 2 months rent free till the time we find a new house and 15K for moving cost. taking it as a shock of moving again we told her to give us time ti think.

After 2 days I had to urgently leave for my business trip to UK and I only came back on 27th october 2010. Soon after discussing with the family, I called the agent and told her that we'll take the offer and we are ready to move out in first week of october.

She told me that the land lady thought that everything is all right now and we dont need renovation or the offer. She said she'll speak to land lady and will let us know.

She called on 28th october told us that their offer still stands and she'll return the money only after 14 days from the date of our move-out. I told her clearly that this cannot be done and she should pay at the time she is getting the keys.

Agent send me an e-mail saying " Land lady is very unhappy with the terms and the arrangements and she will tell us her decision tomorrow on 1st of october.

Now my point is that I need advice-on few things.

1) What are my legal rights as a tenants?

2) What should I do in this circumstances, when the land lady is always negotiating?

3) If she planing to remove the Patio fence, we have 3 dogs and we cannot keep them inside the house all the time, what is the legal ways? As if there is no patio, then we dont want to live in this house.

4) If she tries to negotiate on their offer what should I do?

Any advice would be great help as I am not a lawyer and I dont have a lawyer friends.

Thanks