[darwma]

OK, this is the situation. Flatshare started around eight years ago. No formal subletting contract was drafted back then and I don't believe the official tenant asked for consent to sublet. A two months deposit was paid to the tenant to sublet, and the official tenant did not provide a receipt or letter to prove this.

None of the original members of the flatshare live here now.

The landlord has now increased the rent and the official tenant does not want to continue with the contract, and we have decided to move out too. Naturally, we have become concerned about getting our deposit back. If we were to not pay the last two months rent would there be any legal implications for us?

[discobay]

No contract no implications. You need to square with the official tenant about phone and utility charges.

[darwma]

Thanks Discobay. Just wanted to make sure we were not getting into a bigger mess.

[geo-seb]

Even if there is a contract, it is very common not to pay the last 2 months of rent, because it is often a lot of trouble to get any deposits back. Some landlords even prefer this approach.

[discobay]

Yes and no having been a tenant for as many years as I have been a landlord. If the tenant is leaving HK then some arrangement can be beneficial to both parties but otherwise the landlord's interests need to be protected in case of unpaid utilities and phone bills.