A fixed-term lease occurring on or after July 9, 2004 ends at the end of its term. Landlords and tenants do not have to give notice of termination. You or your tenant can also terminate the tenancy prematurely by mutual agreement or if there is an interruption clause in the lease. If your property is still subject to a mortgage, you must obtain the prior consent of the mortgagee to rent the property. Otherwise, you could be in breach of your mortgage agreement and your mortgage borrower could repossess the property. You must submit a notice of new lease or renewal to the rating and rating service for confirmation within one month of entering into a lease. A fee of HK$310 will be charged in case of late deposit. With a copy of the notice returned after confirmation, you have the right to take legal action to claim the rent if necessary. Subject to the terms of your lease, you and your tenant may be held responsible for the state`s prices and rent. The Evaluation and Evaluation Department and the Country Department offer a number of online services to facilitate payment. If a copy of the notification is returned after approval, you have the right to take legal action to claim rent if necessary. You and your tenant can usually choose the terms of the lease between you, unless they conflict with the landlord`s and tenant`s regulations. This electronic package consists of a standard residential lease and a set of instructions for stamping, registering and submitting the CR109 residential lease form.
The rental agreement and model guide are available in English and Chinese. The public can adapt and use the standard lease to their own residential rental situation. The guidelines provide detailed guidance on the necessary steps the public must take to meet the legal requirements for stamping, registration and filing of Form CR 109 after signing a lease agreement. The BRICO-Residential Tenancies (E-Package) electronic package is designed to help the public enter into an independent lease for their home without the costs and hassle of hiring a lawyer. You must inform your tenant if you decide to sell your rented property. If no new agreement is reached between your tenant and the new owner of the property, the terms of the existing lease will continue to apply. Congratulations! The lawyers will develop a new lease that will set out all the details. Ask a professional to read the lease to make sure it accurately reflects the contract. Also read the lease itself and ask your lawyer or real estate advisor to explain terms you don`t understand or aren`t happy with. In Hong Kong, landlords are generally willing to negotiate lease extensions after a lease expires, whether or not there is a renewal option.
However, given the cost of setting up a new office, the implementation planning process and the interruption of operations, businesses without renewal rights are at risk if early planning is not implemented. If your property is still under mortgage, you will need to correct the borrower`s prior consent. Otherwise, you could be in breach of your mortgage agreement and your mortgage could restore the property. Some tips, please. You want to do something legal, but with minimal effort. A lease expired in October of this year. We forgot to renew it. Can we sign a new one that dates from the day after the old one? Will there be problems with stamp duty (called « within 30 days of execution date ») or if the new lease is only dated when we sign it (probably next week). The rent was always paid as usual. Tenants are likely to be reimbursed by the company.
Subject to the terms of your lease, you and your tenant may be responsible for government rates and rents. The Evaluation and Evaluation Department and the Country Department offer a range of online services to facilitate payment. Negotiations with your landlord, To ensure a lease extension or lease restructuring While proceeding on the side of the 5 steps, on the first page you will be presented as the details of the lease In accordance with the regulations on owners and tenants (Consolidation Regulation), in the absence of an express agreement on the payment of rent and the conditions of expiry, if the rent is not paid, your lease means that the tenant must pay the rent on the due date and the lease expires for 15 days after the non-payment. You must submit a notice of new lease or contract renewal to the Rating and Evaluation Department for approval within one month of entering into a lease. In case of late submission, a fee of HK 310 will be charged. Under the Landlords and Tenants (Consolidation) (Amendment) Order, 2004, you and your tenant can decide whether or not to renew a lease that arose on or after July 9, 2004. However, if there is an option to extend the clause of your existing lease or other written agreement, your tenant`s right to extend the lease will be preserved. There are no agent fees when renewing unless you include them. They can check anything they want, it makes no sense.
However, if a rental document (each time it is created and whether domestic or not) contains an « extension option » clause, the tenant is entitled to a right to renew the tenancy. Subject to the agreement between the parties, an « extension option » clause may look like this (for reference only): you and your tenant can generally decide between them on the terms of the lease as long as they do not violate the Landlord and Tenant Order (Consolidation Order). You can search for a tenant yourself or hire a licensed real estate agent to rent your property. In both cases, you are required to provide your potential tenant with accurate information about the property before entering into a lease. If you choose an agent, you must clarify with him the details of the order such as the amount of the commission and the payment term before signing the real estate agency contract. A lease must specify what you and your tenant have agreed to as your respective rights and obligations. However, certain rights and obligations are implied in a tenancy, unless there are provisions to the contrary in the lease. Your implied obligations include, for example, ensuring that your tenant enjoys the property and the conditions of the property during their stay. A rental agreement must be stamped within 30 days of its execution. You can stamp a rental agreement via the Internet, by mail or in person at the stamp office of the tax administration. The landlord and tenant are required to pay stamp duty. Subject to an individual agreement, the payment of stamp duty is usually divided between the owner and the tenant.
If you have any questions about rental matters or need help with rental matters, you can contact the Rating and Rating Service (RVD) for free application, support and brokerage services. You can also get free legal advice from Duty Counsel. You must inform your tenant if you decide to sell your rental property. If no new agreement is reached between your tenant and the new owner of the property, the terms of the existing tenancy will continue to apply. Do not forget to clarify with the tenant and the new owner the responsibility for refunding the deposit to the tenant. In the past, in most cases, a landlord was required to renew a tenancy for a domestic property with an existing tenant. However, the relevant law was fundamentally amended on 9 July 2004. Essentially, the landlord is not required to extend a tenancy with the same tenant unless there is a written agreement to the contrary. This applies to both domestic and foreign real estate. An interruption clause, on the other hand, gives a party the right to terminate a rental prematurely after a certain period of time or after certain events have occurred. .