we just received a letter from our landlord (in chinese can you believe! it's pretty obvious we can't read it!).
he wants to increase our rent in two months time. but we are only one year into our two year contract. is he allowed to do this? would've assumed no rental increase until the contract term has been completed. our contract is the standard tenancy agreement - and there are no clauses mentioning rental increase.
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This is a common tactic by landlords here in HK. They try to pull a fast one on the tenants even if they are protected by the tenancy agreement. If there is nothing stated in the agreement, you have all the right to refuse.
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The standard terms in HK tenancy agreements are 24 mth contract with 12 mths fixed and then 2 mths notice after the fixed period. If the tenancy agreement was prepared by a real estate agent you should have those terms. Yes - usually a letter from a lawyer will fix this problem whether you are right or wrong.
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Notice period is normally one month, but can vary - best check your tenancy agreement.
Not 100% sure about the following since it has been a while since I rented:
The first 12 months into a TYPICAL 2 year agreement is "unbreakable" - i.e. if either party wants to break the agreement, they have to reimburse the other party's original agency fee and stamp duty cost.
The final 12 months are either notice per tenenacy agreement or payment in lieu of notice.
So feasibly, if you are in the final 12 months, your landlord could serve you notice and then get you to sign a new tenancy agreement with corresponding stamp duties.
However, it does sound like he's trying it on! Check out your agreement and then consider writing a letter to him pointing to the facts.
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