Anybody knows of Gov't office where I can file complain

Hi everybody I need some advice:

I am renting a flat in Central area and the first lardlord wherein I sign the 2 years contract sold the flat which include G/F and M/F(I occupy the M/F). Before I sign contract with the first lardlord I told him that 3 person will live in here as I used certain part of the premises as warehousing. As he said its not a problem. Now the second Lardlord has sold the premises and he ask me to leave the flat end of this month, As I still have 7 months in my contract, I told him I will leave the premises IF I can find a place to move on and he is offering 2 months compensation. He talked to me middle of August, now he and his sister calling me so often that I am very annoyed they told me that the contract stated that the promises is used for business purposes and it is not allowed to live there. His sister also told me that they dont want to extend to solicitor to get back the premises. As I know I have the right because I pay the rent on time and I did not owe him any rental not water, electric bill, management fee and I still have 7 months contract. He even cheated me that he told me somebody will come to the flat to see what is needed to be repair, but its not its a new buyer who want to see the premises.

Is anybody know or can give me advice in where certain government authority who can help me which I can file a complain regarding this lardlord. I am very willing to move also but they are forcing me to move as soon as possible. Any advice is highly appreciated thanks a lot.

If 1. The lease is for commercial purposes and 2. the space is not designated as residential (commercial property) you will have no legal protection for living there. That said the landlord would have to file for breach to get you evicted.

Chefcrsh,

Thanks for the advice but the premises is a mezzanine floor and with seperate door, 2 bed rooms, a bathroom and kitchen a long hall way wherein a put some stocks. I dont think its a commercial property. But as of now the g/f shop the buyer what's t make it a bar/restaurant so they need the m/f to put their stocks. As it is one owner, seperate electric meter. I what to find some legal advice regarding this. thx

And one thing more is the sister of the owner has the right to call me and talk about this matter to me.

A tenancy document usually contains a clause which specifies that the property is only to be used for domestic or non-domestic (commercial) purposes. If your new landlord believes that you are in breach of this clause, the landlord must obtain proof of such a breach before proceeding with further action. Your landlord knows this way takes times and money so wants to avoid doing this.


In usual circumstances, both the landlord and the tenant cannot terminate the tenancy (even one with the previous owner) before its expiration unless either of them has breached the vital terms of the agreement (e.g. the tenant fails to pay rent or the landlord illegally re-enters the property). Early termination can occur where there is a break clause.


Your new landlord may apply to the Lands Tribunal for recovery of possession (has to show you broke the contract or show he needs it for personal occupation), again this takes time and money.


The reason the sister is calling you is to push you to agree to move out immediately. Under the Landlord and Tenant Ordinance there is a section on harassment.


Cap: 7

Title: LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE

Sec: 70B Heading: Harassment


(2) Any person who, with intent to cause a tenant or sub-tenant-

(a) to give up occupation of any premises or part of premises; or

(b) to refrain from exercising any right or pursuing any remedy in respect of any premises or part of premises,

does any act calculated to interfere with the peace or comfort of the tenant or sub-tenant or members of his household or persistently withdraws or withholds services reasonably required for occupation of the premises as a dwelling commits an offence and is liable on conviction on indictment to a fine of $500000 and, in addition, on a second or subsequent conviction, to imprisonment for 12 months.


Clearly they want to save money and get a quick sale. It's easier to sell without a tenant. You are in the way.


Your options are (a) to stick it out for the next seven months, although you might end up needing to call the police regarding the harassment so collect all evidence; (b) wait for you landlord to take legal action - although this will take time, (c) take the two months and move out; and (d) make a counter offer for compensation but remember if you make a counter offer of compensation it is binding in law.



One thing to note is the lease made by your old landlord to return the deposit to you is a personal promise, and is enforceable only against your old landlord personally but not against the new owner. Therefore, unless there are some other arrangements or agreements, the new landlord is not liable to you in respect of the deposit paid to the old landlord. You should make sure that the old landlord has transferred the deposit to the new landlord so that you can recover the deposit from the new landlord.

Thank you very much claire for a very very good advice. I appreciate very much for all the advice.