The issue, referred to by J. Tan, of unit owners (or their tenants) being required to use a specified contractor for repair and maintenance of certain facilities ('Council snub', South China Morning Post, November 14) is a matter that the Consumer Council considers to be within its area of concern and has not 'snubbed'.
Following the receipt of complaints we raised this matter with the Legal Advisory and Conveyancing Office of the Lands Department and suggested an option of addressing the problem through the guidelines around which deeds of mutual covenant are constructed. The council's position is that at the very least unit owners should be given a panel of approved contractors to choose from, rather than being forced to use one specified contractor.
The question as to whether a landlord requires a tenant to use a specified contractor is a matter of contract between the landlord and tenant. However, a landlord, as a unit owner, will be obliged to follow the deed of mutual covenant insofar as any restrictions on contractors is concerned, and pass them on to the tenant where the tenant accepts responsibility for undertaking repair, maintenance or refurbishment work.
The council is concerned about this issue and is pursuing it as a matter of general importance for both residential and commercial unit owners and their tenants. However, it is not in a position where it can act as a mediator in disputes between commercial parties, such as your correspondent Mr Tan, as the proprietor of a number of beauty salons, and his various landlords.
RON CAMERON
Head, Trade Practices Division
