Tenancy Agreement Hk Clic

April 13, 2021 in Uncategorized by

However, early termination may be possible with the existence of a valid termination clause, which may be exercised by both parties by prior notification at some point during the term of the tenancy. When the right to property is tried by the Court, the Court has discretion in the decision to grant “forfeiture relief” to a tenant under Section 58 of the Subsidies and Property Regulation (Chapter 219) (i.e. the continuation of the lease by the tenant who has already terminated the infringement and against the payment of all legal costs incurred by the lessor) taking into account the seriousness of the offence, if the offence was “happy” and/or if permanent damage was caused to the property. For the stamp of each piece of the rental document, you have to pay 5 USD. A landlord and an intentional tenant can enter into a tenancy agreement themselves before the lease is executed. By signing this agreement, the lessor agrees to make a lease in the future and the tenant intends to accept a tenancy agreement. A typical rental contract, developed by a team of lawyers and students from the University of Hong Kong, is now available on CLIC. Please note “E-Package: DIY residential rental” as a reference. It is also customary to note in a rental document that the tenant`s repair and maintenance obligations are limited by the phrase “except fair wear.” This excuses the tenant for damages resulting from the past of time and normal and reasonable use of the property. A well-developed rent certificate should also contain a clause stating that the landlord`s repair and maintenance obligations appear only after the construction defects have been met. This is reasonable because the owner, who is not in the real estate occupation, cannot be expected to correct defects or problems of which he knows nothing or has no control. Assuming that the lessor correctly invoked the termination clause in the lease (i.e. after a limited period of one year), the lessor does not contravene.

Whatever sympathy you may gain from your position, the court will probably recognize the termination clause and no compensation will be awarded to the tenant. On the basis of the same reasoning, the violation of a non-rental clause may make the tenant liable for the omission and/or damages to the lessor. In some cases, the lessor may also be able to lose the lease in the event of an infringement. It is therefore desirable to establish a well-prepared rental document, which specifies repair and maintenance obligations. Those who have read a current rental document will likely be surprised at the unbalanced share of the commitments to be met by the parties. The owner has only a small number of obligations to fulfill, such as silent joy. B, repairing the roof and exterior walls and paying the state rent. On the other hand, the tenant must respect a lot of back and don`ts. However, a tenant should realize that the situation may not be as bad as it seems. Since a lease agreement results in the shares of the property being transferred to the tenant, the obligation of good repair and maintenance is also passed on to the tenant.

It is therefore quite normal that a rental document, even after negotiation between counsel for both parties, still appears to impose many obligations on the tenant. This obvious injustice is in fact entirely reasonable, since the tenant is the “person in charge” of the property for the duration of the tenancy and for matters of which the owner does not have sufficient knowledge or control. Assuming that the lessor breached the lease by wrongly terminating it (i.e.