Landlord problems

[hello2002]

hi, if the landlord is refusing to take action to fix dripping air conditioner or leaking windows after more than 6 months, is there any (cheap) legal recourse that can force some action?

the problem is made worse that the first landlord sold the flat after we reported the problems, without us knowing. the new landlord is taking the same tactics of asking us to wait, while we live in house with moldy walls and ceilings with two small children.

[PDLM]

Get it fixed and simply withhold the cost from your next rental payment. Send a letter to the landlord explaining what you have done, with a copy of the receipt for the work.

[hello2002]

basically, he is arguing that if it is a structural problem, he will take care of it, but if it is a usage problem, we have to take care of it, which i agree.

i had in fact done some critical work (such as unclogging the toilet water supply pipe, which he argued is not a structural problem, though most people i spoke to said it is), and then asked the landlord to pay. He refused to pay and said if we withhold any money from the rent, he will evict us for failure to pay rent.

i have been trying to be respectful and getting his consent before doing anything. he acknowledged that the water leakage is a structural problem and his responsbility, yet refused to act. frankly, not sure why some people would behave like that.

[PDLM]

You have cleaned the filters on the air conditioner haven't you? That would be normal user maintenance, not the landlord's responsibility.

[ycchai]

If you think you have a case, you should consider the eviction option, but that also means you should be ready to move :P

Evicting someone from a place is not as easy as it sounds. You need court order, etc blah blah blah. UNless your landlord has nothing better to do than to squeeze a few bucks out of you. Settling the problem with the tenant would normally be the logical option. I think you might want to consider witholding rent to get him/her to come back to the negotiation table to settle it amicably. But if you do that, be prepared to run the risk of a nasty "battle" with the landlord. You have to assess the situation yourself. Is your landlord trying his luck on taking advantage of you by ignoring you or is he a real nasty person?

[Alby]

PDLM's advice would be the first way to go!

However, keep in mind, according to the Ratings and Valuation Dept. website:

If rent is in arrears for 10 days or more the LL has the right to serve evict notice.
(I, at this this time, cannot locate where exactly on the site it says this and I have also been told this in a face to face interview w/ the dept.)

Although,

"Any dispute on repair and maintenance liabilities, which cannot be settled between the landlord and tenant, may be resolved in court by reference to the expressed or implied terms of the tenancy and in accordance with common law principles."

Although, most LL will not want to take it to this level as they don't want to be found liable. LL will try to push and swing their weigh around but there are ordinances and processes that need to be followed - if you wish to go down this path.

Suggest you checkout:

The Rating and Valuation Dept.
Rating and Valuation Department - Frequently Asked Questions

- I have spoken with received valuable information on process and my rights as Tenant & the rights of my LL from the Cheung Sha Wan office. -

also, Lands Tribunal
Court Services & Facilities