LiteLab2022
Welcome to our online course on resolving landlord-tenant conflicts. Conflicts between tenants and their landlords are not uncommon, and many tenants are uncertain about their rights and responsibilities. It is crucial for tenants to have a clear understanding of their legal entitlements and obligations to effectively navigate these disputes and ensure a fair and harmonious tenancy.
This course is designed to equip you with the knowledge and strategies necessary to address and resolve conflicts with your landlord effectively.
Through a series of engaging video lessons and practical examples, you’ll gain insights into various conflict scenarios and learn about the available options to find a satisfactory resolution.
According to the Landlord and Tenant (Consolidation) Ordinance, Section 5, the landlord is responsible for repairing the drains, pipes, and electrical wiring that exclusively serve the premises.
However, there’s a catch. If the damage is caused by the wilful or negligent acts of the tenant or others, the responsibility may shift.
For properties other than the drains, pipes, and electrical wiring (e.g. the air-conditioner), the specific responsibilities for repairs and maintenance are often outlined in the tenancy agreement.
Take a closer look at your agreement! It may shed light on who should handle the repairs in this situation. Reading and understanding the terms is crucial for both tenants and landlords.
If there’s no explicit agreement between the parties regarding repair responsibilities, then both the tenant and the landlord have no duty to repair.
In this case, it becomes even more important to communicate with your landlord.
When you move into a rental property with extensive furniture or fittings, there is an implied condition that it should be in a fit state for habitation from the start of the tenancy.
If this condition is not fulfilled, you have the right to repudiate the contract at once, meaning that you could give up the tenancy without any liability.
For example, if the tenant is put at risk of harm or injury or the poor conditions affect tenant health in a serious way, then the apartment is unfit for habitation.
It’s important to note that ordinary defects of repair, which can be easily remedied, may not allow you to repudiate the contract.
You might only seek compensation and recover damages.
When disputes arise, the first place to look is your tenancy agreement. It may provide means for resolving conflicts.
For example, check if there is an arbitration clause in the agreement. If it requires that any dispute arising out of the contract shall be resolved by arbitration, then both the tenant and the landlord need to resort to arbitration.
If the tenancy agreement does not provide means for resolving conflicts, you have the freedom to choose.
According to the Landlord and Tenant Ordinance, any disputes that may arise after a lease agreement can be brought in front of the Lands Tribunal.
If your dispute is purely about a monetary claim of $75,000 or less, you can make your claim at the Small Claims Tribunal.
If the amount of the monetary claim is higher than $75000, or the relevant legal issue is more complex, then the tenant and the landlord might need to bring the case to the District Court or the Court of First Instance of the High Court
“Nothing in this website is intended to be nor should be construed as legal advice. This is an educational project created by students. Please consult your lawyer for legal advice.”
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