Sell/Let

Buy

District

Price Range (HK$)

Size (sq. ft.)

400 sqft - 5,000+ sqft

Bedrooms

Studio - 5+

Building Age

Property Type

Facilities

Keywords

Rent

District

Rental Range (HK$)

HK$0 - $300,000+

Size (sq. ft.)

400 sqft - 5,000+ sqft

Bedrooms

Studio - 5+

Building Age

Property Type

Facilities

Keywords

Renewal and Termination

Early Termination


The period of tenancy in Hong Kong is normally two years, during which time the rent is fixed. Should an early termination be required, the landlord´s agreement must be obtained.

Taking over a Tenancy
In Hong Kong, residential leases do not normally allow you to sub-let a property to a third party without the prior written consent of the landlord.

Termination Notice
Notice of termination must be made in writing and, if necessary, by registered mail. At the termination of the tenancy, the tenant is required to hand over the property to the landlord in good and tenantable repair and condition, failing which may result in forfeiture of part or all of the rental deposit held by the landlord under the lease. This includes reinstating all alterations, fixing all damage, cleaning the premises or other works required to return the property to the landlord in its original conditions, fair wear and tear would normally be accepted.

A written acknowledgement by the landlord that the property has been returned in an acceptable condition avoids disputes over defects, which may subsequently be found. In addition, a record of all meter readings of utilities should be kept.

In order to get the refund of rental deposit, all final bills for utilities and rates should be settled. Evidence of payment may be required by the landlord

Renewal
The Landlord and Tenant (Consolidation) (Amendment) Bill 2003 came into effect on 9 July 2004. The Ordinance has removed previous provisions made in relation to the security of tenure for tenants.

The landlord has the right to take back the leased premises upon expiry of the tenancy. The landlord is no longer required to serve a Form CR101 on the tenant in order to terminate the tenancy. It is up to the landlord whether or not to renew the tenancy with the tenant.

The tenant cannot request for a new tenancy by serving a Form CR103 on the landlord nor do they have the right to apply to the Lands Tribunal for a new tenancy even if the tenant is willing to pay market rental.

If the landlord and tenant agree to renew the tenancy upon its termination, the rental and the terms of the future tenancy agreement should be agreed to by both parties. The matter cannot be referred to the Lands Tribunal for determination.

The Lands Tribunal can be found at 38 Gascoigne Road, Kowloon (telephone: (852)2170 3810 or 2170 3822). More information can be found on www.judiciary.gov.hk.

(Information provided by Richard Butler)

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