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Leasehold Contract for Hong Kong

Leasehold Contract Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes the terms and conditions for leasing property between a landlord and tenant. This document incorporates requirements from Hong Kong's Landlord and Tenant (Consolidation) Ordinance and related property legislation, detailing rights and obligations of both parties, rental terms, duration, maintenance responsibilities, and conditions for termination. It includes specific provisions required under Hong Kong law for property leasing arrangements, ensuring compliance with local regulations while protecting the interests of all parties involved.

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What is a Leasehold Contract?

The Leasehold Contract is a fundamental legal document used in Hong Kong's property market to establish and regulate the relationship between property owners (landlords) and occupiers (tenants). This document is essential for both residential and commercial property leasing arrangements in Hong Kong, incorporating specific requirements from local legislation including the Landlord and Tenant (Consolidation) Ordinance. The contract typically covers crucial elements such as lease duration, rent payment terms, security deposits, maintenance obligations, and termination conditions. It serves as a comprehensive legal framework that protects the rights and defines the responsibilities of both parties while ensuring compliance with Hong Kong's property laws and regulations. The document is adaptable for various property types, from residential apartments to commercial spaces, and can be customized to address specific requirements of the leasing arrangement while maintaining its enforceability under Hong Kong law.

What sections should be included in a Leasehold Contract?

1. Parties: Identification of the landlord and tenant with full legal names and addresses

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

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

4. Demise: Formal grant of the lease and specification of the property being leased

5. Term: Duration of the lease, including start and end dates

6. Rent and Payment Terms: Rent amount, payment schedule, and method of payment

7. Deposit: Security deposit amount, terms of holding and return

8. Tenant's Covenants: Obligations of the tenant including maintenance, use restrictions, and compliance with regulations

9. Landlord's Covenants: Obligations of the landlord including maintenance of structure and insurance

10. Utilities and Outgoings: Responsibility for utilities, management fees, and other charges

11. Insurance: Required insurance coverage and responsibilities

12. Assignment and Subletting: Restrictions on transfer of lease rights

13. Termination: Grounds and procedure for early termination

14. Notices: Process for serving notices between parties

15. Governing Law: Confirmation of Hong Kong law as governing law

What sections are optional to include in a Leasehold Contract?

1. Break Clause: Optional provision allowing early termination under specific conditions

2. Rent Review: Include for longer leases where periodic rent adjustments are desired

3. Fitting Out Works: Include for commercial leases or when tenant improvements are permitted

4. Option to Renew: Include if parties agree to potential lease extension terms

5. Car Parking: Include if parking spaces are part of the lease

6. Air Conditioning: Include for commercial properties with central air conditioning systems

7. Building Management: Include for properties in multi-unit buildings with management regulations

8. Permitted Use: Include for commercial leases to specify allowed business activities

What schedules should be included in a Leasehold Contract?

1. Schedule 1 - Property Description: Detailed description of the leased premises including floor plan

2. Schedule 2 - Inventory: List of fixtures, fittings, and furniture included in the lease

3. Schedule 3 - House Rules: Building regulations and rules applicable to the property

4. Schedule 4 - Rent Payment Schedule: Detailed breakdown of rent payments and due dates

5. Schedule 5 - Condition Report: Initial condition of the property at lease commencement

6. Appendix A - Special Conditions: Any special terms or conditions agreed between the parties

7. Appendix B - Fitting Out Guidelines: Guidelines for any permitted tenant improvements or modifications

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

Agency Agreement

Cost

Free to use
Relevant legal definitions

































Clauses































Relevant Industries

Real Estate

Property Management

Commercial Property

Residential Property

Retail

Office Space

Industrial Property

Hospitality

Legal Services

Property Development

Relevant Teams

Legal

Real Estate

Property Management

Facilities Management

Asset Management

Compliance

Operations

Administration

Commercial

Risk Management

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Property Lawyer

Facilities Manager

Asset Manager

Leasing Manager

Property Administrator

Commercial Director

Real Estate Director

Compliance Officer

Contract Manager

Building Manager

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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