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6. I am a tenant of an industrial property. The landlord and I had an understanding that I would use the property for residential purpose when the tenancy agreement was signed. The landlord later evicted me from the property. Can I go to the court to enforce the tenancy agreement and seek remedies?

Entering into such kind of tenancy arrangements is not advisable and is very risky, especially to the tenant.

 

Presumably it has been written in the tenancy agreement that the subject property is for industrial use only.  It is not hard to imagine when dispute emerges, the landlord is all the more tempted to deny the existence of the alleged understanding that the property would be used for residential purpose.  If the tenant cannot prove on evidence that there was such an understanding, the tenant, instead of the landlord, would, on the face of it, be the party in breach of the user restriction in the tenancy agreement and naturally would unlikely be entitled to any remedies.

 

Even if the tenant manages to establish the understanding with the landlord at the outset, it is very doubtful whether the court would specifically enforce a tenancy agreement which is in breach of the user restriction of the property.

 

Separately, the landlord and the tenant are most likely in breach of the deed of mutual covenant of the building for allowing the property to be used for non-industrial purposes.  Both of them may be liable in legal action by the management company, the incorporated owners (if any) or other owners of the building.

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