Break Clause & Notice to Quit HK
Break clause notice drafted to the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) and Hong Kong tenancy practice. Word and PDF, landlord or tenant.
Property is where small drafting mistakes turn into expensive ones. In Hong Kong the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) frames the relationship between landlord and tenant, the Conveyancing and Property Ordinance (Cap. 219) governs how interests in land are created and assigned, and the Stamp Duty Ordinance (Cap. 117) fixes the duty payable to the Inland Revenue Department. Whether you are letting a flat, taking a tenancy or documenting a sale, the right document -- correctly stamped -- is what protects you. These templates are drafted for Hong Kong property practice.
Break clause notice drafted to the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) and Hong Kong tenancy practice. Word and PDF, landlord or tenant.
Hong Kong commercial lease drafted to Cap. 7, Cap. 219 and Cap. 117 stamp duty rules. No security of tenure since 2004: renewal must be negotiated.
Sale and purchase agreement drafted to the Conveyancing and Property Ordinance (Cap. 219) and Cap. 117 stamping rules. Provisional and formal, Word and PDF.
Drafted to Cap. 7 ss.117(3) and 126, with the CR109 endorsement and the section 79 distress limit built in. Landlord demand letter in Word and PDF.
Subdivided unit tenancy agreement drafted to Part IVA of Cap. 7: two year regulated cycle, Form AR2 within 60 days, Schedule 7 repair obligations.
Domestic tenancy agreement drafted to the Landlord and Tenant (Consolidation) Ordinance (Cap. 7), with 30 day IRD stamping and Form CR109 explained.
Renewal agreement drafted to the Landlord and Tenant (Consolidation) Ordinance (Cap. 7), with 30 day stamping and Form CR109 notice to the RVD.
Drafted to the Stamp Duty Ordinance (Cap. 117) and Part IV of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7). Word and PDF, Hong Kong practice.
When you let or rent a property. A tenancy agreement fixes the rent, security deposit, term, repairs and the obligations of landlord and tenant. In Hong Kong the market standard for a domestic letting is a two-year term structured as "1+1": one year fixed, then a second year with a break clause allowing early termination on notice. The deposit, break clause and reinstatement terms are the clauses that decide most disputes.
When you grant or take a longer lease. A lease records a fixed term, renewal options, permitted use and the responsibilities for rates, management fees and upkeep, whether for residential or commercial premises.
When you sell or buy property. A provisional agreement for sale and purchase, followed by the formal agreement, sets out the price, the deposits, the completion date and the warranties of title before the assignment transfers the legal estate under the Conveyancing and Property Ordinance.
When you support a transaction. Inventory lists, handover and condition reports, rent reminders and landlord or tenant notices keep the dealing clean and evidenced from start to finish.
The Landlord and Tenant (Consolidation) Ordinance (Cap. 7) is the core landlord-and-tenant statute. Since the 2004 reforms, most domestic tenancies carry no general security of tenure, so the parties are largely free to agree the term, the rent and the exit routes -- which makes the written agreement, not the statute, the document that governs the relationship. Dealings with land, including assignments and legal charges, follow the Conveyancing and Property Ordinance (Cap. 219).
Stamping and endorsement are the classic formalities. Under the Stamp Duty Ordinance (Cap. 117), a tenancy agreement must be stamped with the Inland Revenue Department, with duty calculated on the rent and the term, and an unstamped instrument cannot be received in evidence until the duty and any penalty are paid. For a domestic tenancy, Cap. 7 also requires a Notice of New Letting (Form CR109) to be endorsed by the Rating and Valuation Department within one month, failing which the landlord cannot maintain an action to recover rent until the notice is endorsed.
Deposits and exits follow market practice. A security deposit of two months' rent is usual for a domestic letting, refundable at the end of the term after deductions properly evidenced by the condition report. In a "1+1" tenancy the break clause typically opens after the first year on one or two months' written notice, so serve the notice in the form and within the window the agreement prescribes.