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Non Exclusive Lease for Hong Kong

Non Exclusive Lease Template for Hong Kong

A Non-Exclusive Lease Agreement governed by Hong Kong law is a legal document that establishes the terms and conditions for sharing specified premises with other tenants or users. This agreement is particularly relevant in shared commercial spaces, co-working environments, or industrial facilities where multiple parties may require access to or use of the same space or facilities. The document comprehensively addresses rent, maintenance responsibilities, shared facility usage, security arrangements, and other key terms while ensuring compliance with Hong Kong's property and tenancy laws, particularly the Landlord and Tenant (Consolidation) Ordinance.

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Non Exclusive Lease

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What is a Non Exclusive Lease?

The Non-Exclusive Lease is a specialized agreement used in Hong Kong's dynamic property market where space sharing and flexible occupancy arrangements are increasingly common. This document type is particularly relevant in situations where multiple tenants need to share specific premises or facilities, such as in co-working spaces, shared warehouses, or multi-user commercial facilities. It differs from traditional exclusive leases by explicitly permitting and regulating concurrent use by multiple parties. The agreement must comply with Hong Kong's legal framework, particularly the Landlord and Tenant (Consolidation) Ordinance and related property laws. It typically includes detailed provisions for shared space management, cost allocation, scheduling of usage, maintenance responsibilities, and dispute resolution mechanisms, while protecting all parties' interests in a non-exclusive occupancy arrangement.

What sections should be included in a Non Exclusive Lease?

1. Parties: Identifies and provides full details of the landlord and tenant, including registration/ID numbers and addresses

2. Background: Brief context of the lease arrangement and property ownership

3. Definitions: Defines key terms used throughout the lease agreement

4. Demise: Specifies the exact premises being leased and the nature of the non-exclusive arrangement

5. Term: Details the duration of the lease, commencement date, and any option to renew

6. Rent and Payment Terms: Specifies rent amount, payment schedule, method of payment, and late payment consequences

7. Security Deposit: Details of the security deposit amount, payment terms, and conditions for return

8. Utilities and Management Charges: Allocation of responsibility for utilities, management fees, and other charges

9. Use of Premises: Permitted use of the premises and any restrictions

10. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance and repairs

11. Insurance: Required insurance coverage for both parties

12. Default and Remedies: Consequences of default and available remedies for both parties

13. Termination: Grounds and procedures for early termination

14. Governing Law: Specifies Hong Kong law as governing law and jurisdiction

15. Execution: Signature blocks and execution formalities

What sections are optional to include in a Non Exclusive Lease?

1. Fit-out Works: Include when tenant is permitted to perform initial fit-out works, specifying approval process and conditions

2. Share of Common Areas: Include for properties with shared facilities, detailing rights and obligations regarding common areas

3. Assignment and Subletting: Include if tenant is permitted to assign or sublet under certain conditions

4. Break Clause: Include if either party has the option to terminate early under specific conditions

5. Rent Review: Include for longer-term leases where rent adjustments are contemplated

6. Government Rent and Rates: Include if there's specific allocation of government charges

7. Building Rules: Include for premises in managed buildings with specific rules and regulations

8. Green Lease Provisions: Include for environmentally conscious arrangements with specific sustainability requirements

What schedules should be included in a Non Exclusive Lease?

1. Schedule 1 - Property Details: Detailed description of the premises, including floor plan and measurements

2. Schedule 2 - Rent Schedule: Breakdown of rent payments, including any stepped increases

3. Schedule 3 - Inventory: List of fixtures, fittings, and equipment included in the lease

4. Schedule 4 - Building Rules and Regulations: Detailed building rules and regulations applicable to the premises

5. Schedule 5 - Service Charges: Breakdown of management fees and service charges

6. Appendix A - Floor Plan: Detailed floor plan showing the leased premises and common areas

7. Appendix B - Handover Condition: Documentation of property condition at handover

8. Appendix C - Fit-out Guidelines: Technical specifications and guidelines for any permitted fit-out works

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Ƶ

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Commercial Real Estate

Retail

Industrial Manufacturing

Co-working Spaces

Logistics and Warehousing

Technology and Innovation Hubs

Professional Services

Financial Services

Creative Industries

Healthcare

Education

Relevant Teams

Legal

Operations

Facilities Management

Finance

Real Estate

Administration

Risk Management

Procurement

Corporate Services

Business Development

Relevant Roles

Facility Manager

Real Estate Director

Legal Counsel

Operations Manager

Chief Financial Officer

Property Manager

Commercial Director

Business Development Manager

Office Manager

Space Planning Manager

Risk Manager

Procurement Manager

Company Secretary

Chief Operating Officer

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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