Step 1: Ways of listing for lease
Listing by the landlords themselves
In Hong Kong, leasing residential properties can be completed directly between landlords and tenants. However, both parties usually appoint estate agents to lease or to search for properties, and to complete the leasing transaction.
If landlords choose not to appoint licensed estate agents but to list their properties by themselves (e.g., online), they must exercise extra caution and seek professional advice when necessary. When allowing strangers to inspect the property, personal safety should be a top priority.
In addition, landlords must be aware that they should not specify that the property is only available to or exclude certain individuals based on gender, marital status, pregnancy, disability, family status, or race. Doing so may constitute discriminatory behavior and could be in breach of the anti-discrimination laws in Hong Kong.
Listing through licensed estate agents
If landlords choose to appoint licensed estate agents to handle the leasing of the property, estate agents must comply with the Estate Agents Ordinance, its subsidiary legislation, practice circulars, guidelines issued by the EAA, etc.
Reminder from the EAA: Unless exempted otherwise, anyone engaging in estate agency work in Hong Kong is required to hold a licence issued by the EAA.
Property advertisements1,2 which were issued by licensed estate agents are required to contain a series of information, including:
- the business name of the licensed estate agency companies,
- the licence number (or the number of statement of particulars of business (“SPOB”)),
- the “Property Number” assigned to the listed property, and
- the date on which the advertisement is issued or updated.
In addition, licensed real estate agents are required to sign an "Estate Agency Agreement" with their clients.
By signing this agreement, both parties can obtain accurate information about each other, providing greater protection for themselves. Additionally, one may lodge a complaint with the EAA if one suspects any misconduct by the estate agent in the latter’s agency service.
There are still some points-to-note before leasing out of the property. Click here for more details.
1 Please refer to the Practice Circular (No. 18-02(CR)).
2 Please refer to Section 14 of the Estate Agents (Licensing) Regulation.