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Affidavit Of Non Tenancy for Hong Kong

Affidavit Of Non Tenancy Template for Hong Kong

An Affidavit of Non Tenancy is a formal sworn statement used in Hong Kong's legal system to officially declare that no tenancy relationship exists for a specific property. This document must be sworn before a Commissioner for Oaths and follows the requirements set out in Hong Kong's Oaths and Declarations Ordinance. It serves as legal evidence of the property's occupancy status and is commonly used in property transactions, legal proceedings, or when dealing with regulatory authorities. The document includes detailed information about the property, the declarant's relationship to it, and specific declarations regarding the absence of any tenancy arrangements.

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What is a Affidavit Of Non Tenancy?

An Affidavit Of Non Tenancy is a crucial legal document in Hong Kong's property sector, typically required when there's a need to officially establish that no tenancy relationship exists for a particular property. This document is commonly used in property sales, refinancing applications, or when dealing with regulatory authorities. It must be properly executed before a Commissioner for Oaths in accordance with Hong Kong law, particularly the Oaths and Declarations Ordinance. The affidavit contains specific declarations about the property's status, the declarant's authority to make such statements, and supporting evidence where applicable. It's particularly important in situations where proving the absence of tenancy is crucial for legal or commercial purposes, such as property transactions or dispute resolution.

What sections should be included in a Affidavit Of Non Tenancy?

1. Title and Introduction: Formal title of the affidavit and introduction of the deponent (person making the affidavit)

2. Declarant Details: Full name, HKID/passport number, occupation and address of the person making the affidavit

3. Property Details: Complete description and address of the property in question

4. Statement of Authority: Declarant's relationship to the property (e.g., owner, authorized representative)

5. Declaration of Non Tenancy: Clear statement that no tenancy relationship exists for the specified property

6. Supporting Facts: Relevant facts supporting the declaration of non-tenancy

7. Verification Statement: Standard statement verifying that the contents are true and accurate

8. Execution Block: Space for signature, date, and commissioner for oaths' details

What sections are optional to include in a Affidavit Of Non Tenancy?

1. Historical Background: Previous ownership or occupancy details if relevant to establishing non-tenancy

2. Third Party Confirmations: Reference to supporting statements from other parties (e.g., building management) if available

3. Purpose Declaration: Specific purpose for which the affidavit is being made, if relevant

4. Additional Declarations: Any other relevant declarations about the property's status or use

What schedules should be included in a Affidavit Of Non Tenancy?

1. Property Documentation: Copies of relevant property ownership documents or land registry records

2. Identification Documents: Copies of declarant's identification documents

3. Supporting Evidence: Any relevant photographs, correspondence, or other documents supporting the non-tenancy declaration

Authors

Alex Denne

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

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions




















Clauses















Relevant Industries

Real Estate

Legal Services

Property Management

Banking and Finance

Construction

Property Development

Corporate Services

Facilities Management

Relevant Teams

Legal

Real Estate

Compliance

Property Management

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Administration

Corporate Secretarial

Asset Management

Risk Management

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Property Owner

Facilities Manager

Compliance Officer

Property Administrator

Real Estate Director

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Company Secretary

Property Portfolio Manager

Asset Manager

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