A New Tenancy Agreement is a fundamental legal document used in Hong Kong's property market to formalize the relationship between property owners and occupiers. This document is essential when initiating a new rental arrangement, whether for residential or commercial properties in Hong Kong. It encompasses crucial elements required under Hong Kong law, including precise property details, rental terms, security deposit requirements, and the rights and obligations of both parties. The agreement must comply with the Landlord and Tenant (Consolidation) Ordinance and other relevant Hong Kong legislation, while also addressing practical aspects such as utilities, maintenance responsibilities, and building management requirements. This document serves as the primary reference point for managing the landlord-tenant relationship throughout the lease term.
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1. Parties: Identification and details of the landlord and tenant, including full legal names, identification numbers, and correspondence addresses
2. Background: Brief context about the property and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Demise: Specific details of the property being leased and the term of the lease
5. Rent and Payment Terms: Rental amount, payment schedule, method of payment, and late payment consequences
6. Deposits and Fees: Security deposit, utility deposits, and other applicable fees
7. Landlord's Obligations: Core responsibilities of the landlord including maintenance, repairs, and insurance obligations
8. Tenant's Obligations: Core responsibilities of the tenant including proper use of premises, maintenance, and payment obligations
9. Utilities and Services: Responsibilities for connection, payment, and maintenance of utilities and services
10. Insurance: Required insurance coverage and responsibilities of each party
11. Termination: Conditions and procedures for early termination and end of tenancy
12. Default and Remedies: Consequences of breach and available remedies for both parties
13. Notices: Method and addresses for serving formal notices between parties
14. Governing Law: Confirmation of Hong Kong law as governing law and jurisdiction
1. Special Conditions: Additional terms specific to the property or circumstances (use when there are unique requirements)
2. Decoration and Fitting Out: Terms regarding renovation and fitting out works (use for commercial properties or when significant works are permitted)
3. Option to Renew: Terms for lease renewal (use when offering tenant renewal rights)
4. Break Clause: Conditions for early termination (use when parties agree to specific break rights)
5. Management Rules: Building or estate management regulations (use for properties in managed buildings)
6. Furniture and Fittings: List and conditions of provided furniture (use for furnished properties)
7. Sharing and Assignment: Terms regarding subletting or assignment (use for commercial leases or when specifically permitted)
8. Pet Clause: Terms regarding keeping pets (use when pets are allowed or specifically prohibited)
9. Car Parking: Terms regarding parking space use (use when parking is included)
1. Schedule 1 - Property Details: Detailed description of the property including address, floor area, and boundaries
2. Schedule 2 - Inventory List: Detailed inventory of furniture, appliances, and fittings (for furnished properties)
3. Schedule 3 - House Rules: Building management rules and regulations
4. Schedule 4 - Handover Condition: Condition report of the property at handover
5. Schedule 5 - Rent Payment Schedule: Detailed breakdown of rent payments and due dates
6. Appendix A - Floor Plan: Floor plan of the property showing layout and dimensions
7. Appendix B - Photographs: Photographic record of property condition at handover
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