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Residential Tenancy Agreement Template for Hong Kong

A comprehensive legal document governed by Hong Kong law that establishes the terms and conditions for the rental of residential property. The agreement complies with the Hong Kong Landlord and Tenant (Consolidation) Ordinance and related regulations, setting out the rights and obligations of both landlord and tenant. It covers essential elements including rent, deposit, duration, maintenance responsibilities, utilities, and specific conditions of use, while incorporating Hong Kong-specific requirements such as stamp duty obligations and standard provisions for residential tenancies in the jurisdiction.

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What is a Residential Tenancy Agreement?

The Residential Tenancy Agreement is a fundamental legal document used in Hong Kong for establishing a formal landlord-tenant relationship in residential property lettings. It is designed to comply with Hong Kong's legal framework, particularly the Landlord and Tenant (Consolidation) Ordinance and related legislation. This document is essential when any residential property is being leased, whether it's an apartment, house, or other residential unit in Hong Kong. The agreement includes comprehensive provisions covering rent, security deposit, maintenance obligations, utilities, termination rights, and other essential terms, while incorporating specific Hong Kong requirements such as stamp duty provisions and standard protections for both landlords and tenants. It serves as a legally binding contract that protects the interests of all parties involved in the residential tenancy arrangement.

What sections should be included in a Residential Tenancy Agreement?

1. Parties: Identification and details of the landlord and tenant, including HKID/passport numbers and correspondence addresses

2. Background: Brief context of the agreement and confirmation of landlord's ownership and right to lease

3. Definitions: Key terms used throughout the agreement including 'Premises', 'Term', 'Rent', 'Deposit'

4. Demise: The formal grant of tenancy, specifying the premises and term

5. Rent and Payment Terms: Rental amount, payment schedule, payment method, and handling of utilities and other charges

6. Deposit: Security deposit amount, payment terms, conditions for refund, and permitted deductions

7. Tenant's Covenants: Tenant's obligations including maintenance, permitted use, restrictions on alterations and subletting

8. Landlord's Covenants: Landlord's obligations including quiet enjoyment, insurance, and structural repairs

9. Termination: Circumstances allowing early termination, notice requirements, and consequences of default

10. Utilities and Services: Responsibility for utility connections, payments, and maintenance of services

11. Stamp Duty: Obligations regarding payment of stamp duty and registration requirements

12. Notices: Method and addresses for serving formal notices between parties

13. Governing Law: Confirmation of Hong Kong law as governing law and jurisdiction

14. Execution: Signature blocks for all parties and witnesses

What sections are optional to include in a Residential Tenancy Agreement?

1. Special Conditions: Additional terms specific to the property or arrangement, used when standard terms need modification

2. Building Rules: Include when the property is in a managed building with specific rules and regulations

3. Renovation Clause: Used when specific renovation works are agreed to be carried out during the tenancy

4. Break Clause: Optional early termination rights, included when parties agree to specific break options

5. Option to Renew: Terms for renewal of the tenancy, included when parties agree to potential extension

6. Pet Clause: Included when pets are allowed, specifying conditions and responsibilities

7. Furniture and Fittings: Used for furnished properties, referring to the inventory in schedules

8. Car Parking: Include when parking space is part of the tenancy

9. Access for Viewing: Specific arrangements for property viewing during the last months of tenancy, used in premium properties

What schedules should be included in a Residential Tenancy Agreement?

1. Schedule 1 - Property Details: Detailed description of the premises including address, floor area, and included facilities

2. Schedule 2 - Inventory List: Detailed list of furniture, appliances and fittings included in the tenancy

3. Schedule 3 - Condition Report: Detailed description and/or photographs of property condition at commencement

4. Schedule 4 - House Rules: Building management rules and regulations, if applicable

5. Appendix A - Handover Form: Template for recording utility readings and key handover at start and end of tenancy

6. Appendix B - Maintenance Guidelines: Specific guidelines for property maintenance and tenant responsibilities

7. Appendix C - Floor Plan: Floor plan of the premises showing layout and dimensions

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Hong Kong

Cost

Free to use

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