Renting Property in Hong Kong Valuable Details in Relation to Some Hong Kong Tenancy Laws

Published: 10th April 2011
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Above the previous couple of many years, Hong Kong has noticed an ever more increase in the range of expatriates settling in this distinctive and inspiring city, mainly because of to the escalating search for more exterior talent from each neighborhood and global businesses. On arrival, a single of the most crucial duties to tackle for these individuals' requires renting an apartment. The techniques involved and tenancy laws relevant can be very different to other metropolitan areas or nations. This article seeks to illustrate some fundamental actual estate procedures and more importantly tenancy laws concerned which I really feel are essential to know.

Genuine Estate Agent:

Following the establishment of the 'Estate Agents Authority' in 1997, also generally recognized as 'EAA', genuine estate agents demand to be licenced in order to do true estate operate. Most agents will present you with a title card as soon as you meet them and their licence number need to clearly be displayed on their identify card. Licenced estate agents need to also have in possession their official licence card.

The Estate Company Type:

Prior to viewing properties, (sometimes following), agents call for the client to indication a typical estate agency type which lists all the apartments to view or previously seen. If you have signed this sort and for some personal purpose you are not subject material with the agent's service and determine to rent an apartment on the list with a distinct agent from a diverse corporation, you possibly needed to spend the earlier agent's business complete commission as effectively as your new 1. If you do not pay, you could be liable to additional penalty. Request to signal this type is common practice set by the 'Estate Agents Authority, (EAA)'.

Essential Factors To Check out Inside The Apartment:

By Hong Kong law, landlords are essential to supply appliances, fixtures and fittings in safe and excellent doing work condition.Though some agents will check out this for you, it is best you check also as you are better to establish what is secure or great working for by yourself.

For the duration of the viewing process, verify for any quite obvious pest troubles. Getting a pest dilemma throughout your remain which benefits in nuisance to neighbours, as a fault to your very own bad hygiene may possibly lead to you to be kicked out of the apartment by the landlord. This is because of to the fact that these negligence is a breach of some terms in Hong Kong's tenancy law. Further to currently being kicked out of the property, you might find the landlord deducting amounts from your security deposit in purchase to correct the problem. However if the fault is not yours, the landlord need to be the one particular to pay.

Examine for any leakages. If these are evident, get the landlord to correct the issue just before you move in and by law the landlord ought to pay in buy to satisfy the expression of delivering a safer atmosphere for occupancy. Some leakages can be very problematic, specifically if they lead to nuisance to the house correct below yours. If you trigger a massive leakage and affect the neighbours, expect to spend for the damages. Nevertheless in cases exactly where leakages may possibly take place due to outcome of poor climate circumstances, the landlord need to be involved to aid out the costs for repair.

If the landlord gives a furnished apartment, the goods really should also be in protected and doing work buy. Besides caring for your personal acceptance of the furniture style and goods furnished, make certain to retain them in excellent problem as with any damages triggered by you, the landlord has the right to request you to pay for the damages.

Some Tenancy Laws To Usually Keep in mind In the course of Your Remain:

A standard tenancy law frequently found is that tenants' should preserve the apartment in great issue with 'fair use and tear excepted'. For that reason if you break anything, you resolve it or spend for it. Appliances damaged down and not to the fault of the tenant ought to be fixed and compensated for by the landlord.

A stringent but basic law which applies to all types of property requires noise handle. Hong Kong is regarded as a modest city and because of to the nature of how residential buildings are built and the fact that most people dwell very shut to a single one more noise can travel quickly to neighbouring apartments. For evening time, noise volume ought to be diminished to a stage which does not impact neighbours by 11pm. Disturbances after 11pm is a huge no no and neighbours can call the building's management workplace to deal with the case. In the function you proceed to disregard neighbours or management offices' request to quieten down, you may discover the police knocking on your door. Generating these kinds of nuisance is a breach of some tenancy law and the landlord can kick you out for thiskind of actions if manufactured on a continuous basis.

Spend hire on time. The tenancy agreement will most definitely contain a phrase which requests you to pay hire on time and the date to spend really should clearly be proven. Normally a little period of time for lateness is permitted for postage time or time for transfers to be completed. This time period of time is generally also obviously proven on the tenancy agreement. By law the landlord can kick you out for not having to pay on time and you may well lose your security deposit as a consequence.

An crucial note to keep in mind is that if you violate any significant terms inside of the tenancy agreement and result in the landlord to kick you out, the landlord might lawfully be ready to keep your protection deposit fully.


A greater and more cautious way to know if you can preserve pets in the apartment is possibly your self or the estate agents assists you to validate with the management office if pets are permitted. It is not sufficient for the landlord to say pets are allowed as he or she is only expressing her own acceptance for his or her distinct apartment. If the landlord permits but the management does not, the consequence of this is pets are not allowed. In a scenario exactly where the landlord accepts and the management workplace does not but you keep a pet anyway, in the event of any nuisances caused by the pet, you could turn into exclusively accountable for breaking some terms inside the 'Occupation Permit' and pay for the damages brought on. A bad example would be request by the management office to get rid of the pet. Nevertheless, landlords' acceptance is also critical as not all like the concept of dogs scratching their ground boards etc.

Tenancy Agreement:

Right after equally events have signed the tenancy agreement, the two events also share the expense of stamp duty. By law you need to shell out for this stamp duty as it is compulsory tax, no matterwhether you maintain a Hong Kong Identity card or overseas passport. It is useful to know also that in the event of any significant issues and one social gathering ends up suing the other, an un-stamped tenancy agreement possibly regarded as a void agreement when introduced in front of a judge.

Early Termination:

A Tenancy Agreement will most certainly clearly illustrate the agreed terms of remain, these kinds of as a two-year contract with 12 months fixed time period. In this illustration there is usually a break clause where the tenant can terminate soon after 12-months by providing a two-month composed discover to the landlord to break lease. In this situation, minimum lease is 14 months. If for what ever purpose you choose you want to terminate the contract or leave the apartment before the fixed period of time is above, by law the tenant could have to spend rent for at minimum the rest of the fixed months remaining. In some cases, landlord may anticipate rent for remaining months up to the 24th month.

Such early termination is not recommendable and therefore you really should cautiously strategy your keep and have place good believed into the lease phrase for the landlord to accept and then signal the agreement. In some instances of early termination, you could prevent acquiring to compensate the rent for remaining months left if you can locate an choice tenant, this kind of as a good friend or colleague to move-in as soon as you leave. The landlord would have to accept the new tenant and a new tenancy agreement then needs to be signed between the landlord and new tenant.

I wish the data supplied has assisted to give you a greater knowing on how some of Hong Kong's tenancy law functions in relation to you as the tenant, the landlord of the real house unit and renting residence in Hong Kong. Judging by my experiences in this market and city, I feel these data to be essential.

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