Landlord and Tenant
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Landlord and Tenant
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I. Things that you need to know before signing a Tenancy Agreement or a Lease
Is it necessary to have a solicitor to represent me when I enter into a Tenancy Agreement?
I heard about someone who claimed that they were the owner of a property for let. After the potential tenant had paid the deposit and the rent in advance, the "landlord" disappeared with the money. If I am going to rent a property, then how can I be sure that the landlord is the real owner?
What major government departments are responsible for governing tenancy matters in Hong Kong? To which department(s) should a party go to if a tenancy dispute/problem arises?
How can I obtain tenancy information concerning the Government properties (such as public rental housing or shopping centres run by the Government)?
What is the difference between a tenancy and a licence?
Before signing the formal tenancy agreement or lease, a tenant may sometimes be asked by a landlord to sign a document called "agreement for lease" or "provisional tenancy agreement". What are the consequences of signing this document?
II. After signing a Tenancy Agreement (or Lease), how should the parties handle the document?
How is stamp duty calculated on a tenancy document?
What are the consequences of failing to stamp a tenancy document?
Some tenancy documents must be registered with the Land Registry but some do not. Why?
III. How to recover the outstanding rent and get back the property?
My tenant has failed to pay rent for two months. What can I do to recover the rent and the possession of my property?
My tenant has failed to pay rent for several months and has deserted the property. Can I regain possession of my property by breaking open the door, throwing away the tenant’s belongings and changing the lock?
IV. Regulations on using or occupying a leased property
Why is it necessary to ascertain the primary use, for example “domestic” or “non-domestic”, of a property?
I have let a residential property to a tenant and I recently found that the tenant is using the property as an office. Would this affect my interests or cause any liability to me as a landlord? If my tenant conducts criminal activities there, then what further problems will I face?
I am a tenant of an apartment unit who has been disturbed by my neighbour (he habitually sings karaoke at high volume at night). I complained to the manager of the building and was told that as I was not the owner of the property, I had no rights under the deed of mutual covenant and therefore had no right to complain. What can I do?
VI. Properties with mortgages
I received a letter from a bank claiming to be the mortgagee of the property that I am renting. The bank claimed that the tenancy document between my landlord and me was made without its consent and asked me to move out of the property. What can I do?
VII. Repair/maintenance obligations
In general, is the landlord or the tenant responsible for maintaining and repairing the property?
If there was a fire broken out on a leased property and the landlord has suffered some losses as a result, can the landlord claim against the tenant?
VIII. Terminating a tenancy before expiration
I have let my property to a tenant on a three year term. There are still more than 2 years remaining in the term. However, I note that the rental value of neighbouring properties has risen significantly. Can I terminate the tenancy with the existing tenant and let the property out for a better rent?
I have rented a property on a three year term. There are still more than 2 years remaining in the term. However, I note that the rental value of neighbouring properties has dropped significantly. Can I terminate the tenancy with the landlord so that I can get a comparable property for a lower rent?
IX. Landlord sells the property with existing tenancy
My property, which is currently let to a tenant, has risen in value and I intend to sell it. What do I need to do to discharge myself from any liability under the tenancy before selling the property?
My landlord has informed me that the property I am renting was sold recently. I was also told to pay rent to the new landlord on the next due date. Can I object? Will my interests under the “old” tenancy be protected?
X. Renewal matters
What is the difference between an Option to Renew and a Break Clause?
A landlord and a tenant intend to renew an existing tenancy. Except the rent, all of the terms are agreed upon. Is there any way that the parties can resolve the problem amicably?
XI. Changes in tenancy legislation on 9 July 2004
How am I, as a landlord, affected by the changes in July 2004?
How am I, as a tenant, affected by the changes in July 2004?
XII. Case illustration
Landlord & Tenant
Things that you need to know before signing a Tenancy Agreement or a Lease
After signing a Tenancy Agreement (or Lease), how should the parties handle the document?
How to recover the outstanding rent and get back the property?
Regulations on using or occupying a leased property
Properties with mortgages
Terminating a tenancy before expiration
Landlord sells the property with existing tenancy
Changes in tenancy legislation on 9 July 2004
Updated on 17 September 2010
The CLIC Team
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