Step 9: Points-to-note after moving in
Duties of the estate agent
After arranging for client to enter into the tenancy agreement, other services provided by the estate agent for the client, such as handling facility maintenance of the flat, collecting rental for the landlord, taking possession of the property for the landlord after the tenancy expires, or other tenancy management issues, are generally not “estate agency work” and not regulated by the EAA. If the landlord or tenant wishes the estate agent to provide such services, he should negotiate with the estate agent or enter into another agreement with the estate agent separately.
Do not sublet without the landlord’s consent
If the original tenant sublets the property without the landlord’s consent when the tenancy agreement states that the original tenant shall not sublet the whole or any part of the property, the landlord may apply to the court/Lands Tribunal for a possession order. Under such circumstances, the original tenant and sub-tenant may lose tenure.
Termination of Residential Leases
Except for subdivided units in Hong Kong, residential leases subject to Part IV of the Landlord and Tenant (Consolidation) Ordinance can be terminated according to the terms of the tenancy agreement or by mutual agreement between both parties. In the absence of such an agreement, a fixed-term tenancy will generally terminate upon the expiration of the lease term, while a periodic tenancy (e.g., monthly rental) can be terminated by giving a notice period equivalent to the rental period.
If the rented property is a subdivided unit, click here to learn more about additional points-to-note when renting such units.
Obligations of the landlord and tenant
Tenants should pay the rent on time, shall not damage any part of the property, ensure that the property is only used for residential purpose, and comply with the Deed of Mutual Covenant. Landlords, depending on the provisions of the tenancy agreement, should pay rates, Government rent, management fees, expenses for structural maintenance and repairs or similar expenses of a capital and non-recurrent nature in respect of the property or the building of which the property forms part; and let the tenant peaceably hold and enjoy the property during the term of tenancy without any interference.
If tenants have any questions related to the tenancy agreement in the future, they can contact the Rating & Valuation Department, which is responsible for enforcing the Landlord and Tenant (Consolidated) Ordinance. Click here for contact details.