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Novation Lease Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Novation Lease Agreement

"Need a Novation Lease Agreement for transferring a commercial office lease from ABC Trading Limited to XYZ Corporation Limited, with the original lease being assigned effectively from March 1, 2025, and the property being a 2,500 sq ft office space in Central, Hong Kong."

Document background
The Novation Lease Agreement is a crucial document used in Hong Kong real estate transactions when an existing tenant wishes to transfer their lease obligations to a new tenant before the original lease expires. This agreement is particularly relevant in commercial leasing scenarios where businesses need to exit their lease early due to relocation, business restructuring, or other commercial reasons. The document complies with Hong Kong property law requirements and typically includes detailed provisions about the transfer of rights and obligations, security deposit arrangements, outstanding payments, and property condition assessments. It provides a clean break for the original tenant while ensuring the landlord maintains their rights under the original lease terms with the new tenant. The agreement must be properly executed and stamped in accordance with Hong Kong's Stamp Duty Ordinance to be legally effective.
Suggested Sections

1. Parties: Identifies the Landlord, Original Tenant (Outgoing Tenant), and New Tenant (Incoming Tenant), including full legal names and addresses

2. Background: Recitals explaining the existing lease arrangement, reason for novation, and parties' intentions

3. Definitions: Defines key terms used throughout the agreement, including 'Effective Date', 'Original Lease', 'Premises', and other relevant terms

4. Release of Original Tenant: Provisions releasing the Original Tenant from future obligations under the lease

5. Assumption by New Tenant: New Tenant's assumption of all rights, obligations, and liabilities under the original lease

6. Landlord's Consent: Express consent of the Landlord to the novation and confirmation of continued lease terms

7. Effective Date and Implementation: Specifies when the novation takes effect and any conditions precedent

8. Representations and Warranties: Standard warranties from all parties regarding their capacity and authority to enter into the agreement

9. Costs and Stamp Duty: Allocation of costs, including stamp duty and legal fees

10. Governing Law and Jurisdiction: Confirms Hong Kong law as governing law and jurisdiction for disputes

11. Entire Agreement: Standard boilerplate confirming this document represents the entire agreement between parties

12. Execution: Signature blocks for all parties and witnessing requirements

Optional Sections

1. Security Deposit Transfer: Include when there is an existing security deposit to be transferred or replaced by the New Tenant

2. Outstanding Amounts: Include when there are any rent arrears or other outstanding amounts to be settled as part of the novation

3. Condition of Premises: Include when there needs to be a formal record of the premises' condition at the time of novation

4. Guarantor Provisions: Include when the New Tenant is required to provide a guarantor

5. Break Clause: Include when parties wish to incorporate or modify any break options

6. Alterations and Reinstatement: Include when there are specific arrangements regarding existing alterations or reinstatement obligations

7. Assignment of Contracts: Include when there are related contracts (e.g., service contracts) that need to be assigned

Suggested Schedules

1. Schedule 1 - Original Lease: Copy or details of the original lease agreement and any subsequent modifications

2. Schedule 2 - Property Details: Detailed description of the leased premises, including floor plans and boundaries

3. Schedule 3 - Rent and Payment Details: Current rent, payment terms, and review dates

4. Schedule 4 - Inventory: List of any fixtures, fittings, or equipment included in the lease

5. Schedule 5 - Outstanding Obligations: List of any ongoing obligations or outstanding matters to be transferred

6. Appendix A - Condition Report: Current condition of the premises (if relevant)

7. Appendix B - Required Consents: Copies of any third-party consents required for the novation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Real Estate

Commercial Property

Retail

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Relevant Teams

Legal

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Facilities Management

Operations

Finance

Risk and Compliance

Administration

Property Management

Contract Management

Corporate Services

Relevant Roles

Property Manager

Facilities Manager

Legal Counsel

Real Estate Manager

Commercial Director

Operations Manager

Chief Financial Officer

Risk Manager

Compliance Officer

Asset Manager

Property Administrator

Leasing Manager

Contract Manager

Company Secretary

Industries







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