Question 1

Penalty for overdue printing?

Accepted Answer

If the tenancy document is not stamped by the specified period, the Collector of Stamp Revenue may stamp the document upon receipt of the stamp duty and penalty. The fines levied will depend on the length of the overdue period.

If the overdue is within 1 month, the penalty is 2 times the amount of stamp duty; if it is over 1 month but not later than 2 months, the amount of stamp duty is 4 times; and if it is more than 2 months, You will be fined 10 times the amount of stamp duty.

Question 2

Do I need to pay compensation if I leave the lease early during the death contract period?

Accepted Answer

A lease agreement generally adopted will have an interruption clause, stating that one party may terminate the lease earlier by giving the other party a certain number of months' written notice or payment in lieu of notice, and when such notice is given, The tenant must live for at least a certain number of days (usually 12 months), commonly known as a "death contract". If the lease does not contain a term of interruption clause, both the landlord and the tenant must renew the terms of the lease for two years. Unless the lease agreement provides otherwise, either party will be liable for breach of contract.

Question 3

What are the benefits of "one year to live, one year to die"?

Accepted Answer

The advantage of the "one-year contract, one-year contract" is that it is more flexible. For example, when the property market fluctuates and the rent rises or falls, if the landlord or tenant is not satisfied, they can exercise the right to withdraw the tenancy in advance. Terminate the lease. And it is not a unilateral protection for the landlord or tenant. For example, in case of trouble, either the tenant or the landlord can request to withdraw the tenancy after the death contract period. Early termination of the tenancy only requires a notice period, and does not need to pay the entire death contract rent.

Question 4

How many months will it take to repossess the property?

Accepted Answer

The correct and legal process of repossession is mainly divided into three steps. The time will be determined by each case, but each process will take a certain amount of time. The first step is that the landlord needs to submit a notice of application to the Lands Tribunal, together with the stamped tenancy agreement and other tenancy documents, and submit it to the Tribunal for registration. After that, a copy of the notice should be sent to the tenant, and a copy of the notice should be affixed to the door of the unit for three consecutive days. After completion, a copy of the notice should be sworn in at the Lands Tribunal within a few days. The second step is to apply for a judgment, which takes about two to three days, but the premise is that the tenant has not made an objection within seven days of receiving the application notice. If the tenant has objections, they need to wait for the hearing, which will take about half a month or more. 
 
Finally, the unit will be recovered at the door. After the owner receives the judgment, he will apply for a writ of repossession, and the bailiff will execute the court order to recover the unit. The time required will depend on the bailiff's schedule of the district, and the average waiting time is about one to two months. Therefore, to sum up the entire repossession process, it will take about three months at the earliest.

Question 5

Can the deposit be used to offset the rent?

Accepted Answer

No. In law, a bond is intended to protect the landlord and ensure that the landlord can take back the unit in its entirety when the lease expires. In case any problems are found, the owner can use the deposit to pay for the repairs. Generally, if the tenant pays the rent on time, maintains the property in good condition, and abides by the relevant laws. After the tenant moves out of the unit, the landlord should pay the deposit back to the tenant within the time limit after inspection. In addition, if the tenant pays the rent with a deposit, it is actually a breach of the tenancy agreement, and the landlord has the right to go to the Lands Tribunal to apply for repossession of the property through legal channels.

Question 6

During the application for the repossession order, the landlord learned from the security guard that the tenant had moved out, but the tenant had not paid back the arrears of rent and court fees. If the owner has the door key, can he enter the house to change the lock and suspend the legal process?

Accepted Answer

The owner must never enter the unit or change the door lock without authorization! If the landlord enters the property without court approval, the tenant may claim that the landlord has unlawfully disposed of or misappropriated valuables left on the property after a few months. 
 
The owner may face criminal prosecution. Under the Landlord and Tenant (Consolidation) Ordinance, any person who unlawfully deprives a tenant of the occupation of the premises commits an offence and is liable to a fine and imprisonment. 
 
Therefore, even if the security guard informs the landlord that the tenant has moved out, the landlord should not suspend the legal process and should hand over the property to the court bailiff to recover the property through normal procedures.

Question 7

1. How do I terminate a residential tenancy?

Accepted Answer

Residential leases can be terminated in accordance with the terms of the lease or by mutual consent. 
In general, where no notice or mutual agreement to terminate the tenancy is contractually entered into, the following common law principles will generally apply:
1. The fixed term tenancy will terminate upon expiry of the lease term;
2. For term leases, the annual lease may be terminated with a minimum of half a year's notice and at the expiry of the one-year term of the lease; and terminates at the expiry of the term of the lease. 
(Data source: https://www.rvd.gov.hk/en/faqs/tenancy_matters.html)

Question 8

What is a subdivided flat under Part IVA of the Landlord and Tenant (Consolidation) Ordinance (the "Ordinance")? What types of subdivided flats are regulated?

Accepted Answer

Subdivided unit" means the premises forming part of a building unit. In general, the scope of regulation covers subdivided flats in residential, industrial and commercial buildings, as well as different types of subdivided flats (including dormitories, beds, space capsules, lofts, cage houses, rooftop houses and podium houses, etc.), but does not include "Squatter" or "New Territories Exempted House".

Question 9

What is a "regulated tenancy"?

Accepted Answer

A tenancy is a "regulated tenancy" within the meaning of Part IVA of the Ordinance if all of the following conditions are met—
1. Leasing begins on or after January 22, 2022;
2. The tenancy is a residential tenancy;
3. The subdivision of the premises in the lease;
4. The tenant is a natural person;
5. The purpose of the lease is to serve as the tenant's own residence; and
6. The tenancy is not a tenancy specified in Schedule 6 of the Ordinance, i.e. the tenancy is not an exempted tenancy
https://www.rvd.gov.hk/en/faqs/tenancy_matters.html

Question 10

How do landlords and tenants negotiate the form and terms of a tenancy agreement?

Accepted Answer

The Ordinance does not contain provisions governing the form of tenancy agreements. The landlord and tenant are free to negotiate the form of the agreement to suit the needs and circumstances of both parties. If the landlord and tenant cannot resolve a tenancy dispute arising from the agreement, either party can resolve the matter through legal procedures. 
In respect of regulated tenancies under Part IVA of the Ordinance, the Transport and Housing Bureau has prepared a model tenancy agreement for regulated tenancies applicable to Part IVA of the Ordinance (the "Model") and uploaded it to the Rating and Valuation Department ("RVD") ) webpage (www.rvd.gov.hk/tc/our_services/tenancy_matters.html),(https://www.rvd.gov.hk/tc/our_services/tenancy_matters.html) for general reference. Landlords and tenants regulating tenancies can use this template and make appropriate modifications to suit their actual needs (except for mandatory clauses). 
The Estate Agents Authority and the Consumer Council have jointly developed a guide to entering into a tenancy agreement to help landlords and tenants understand the precautions, terms, and rights and obligations of both parties when entering into a tenancy agreement. For details, please visit the website of the Estate Agents Authority (www.eaa.org.hk).(https://www.eaa.org.hk/en-hk/) 
https://www.rvd.gov.hk/en/faqs/tenancy_matters.html

Question 11

Does the Ordinance have provisions governing maintenance liability?

Accepted Answer

The Ordinance does not contain provisions on maintenance liability as part of the landlord's obligations under regulated tenancies to which Part IVA of the Ordinance applies, except that Section 5 of Schedule 7 to the Ordinance provides for some mandatory provisions on maintenance and repairs. Landlords and tenants are free to negotiate appropriate terms (except for the mandatory terms that apply to govern the tenancy). If there is a dispute between the landlord and the tenant over maintenance and repairs that cannot be resolved by themselves, either party may resolve the matter through legal procedures. 
source: https://www.rvd.gov.hk/tc/faqs/tenancy_matters.html

Question 12

What can a landlord do if a tenant owes rent?

Accepted Answer

If the tenant defaults on rent, the landlord may choose to take one of the following actions:
1. Using a special procedure called a "seizure", an order issued by the District Court directs the bailiff to seize the tenant's property. If the tenant still does not pay the rent, the property is sold and the proceeds are used to repay the outstanding rent. Application forms and affidavit forms are available from the District Court Registry. The preliminary procedure is completed when the completed form is returned to the District Court Registry. The District Court will issue a notice to the property owner after the property is seized. However, if the landlord recovers more than 12 months of arrears, this garnishment procedure does not apply, and the landlord should sue for breach of contract in accordance with normal procedures;
2. Sue the tenant in the Small Claims Tribunal to recover arrears of rent not exceeding HK$75,000. If the amount owed exceeds HK$75,000, the landlord may sue the tenant in the District Court; or
3. Apply to the Lands Tribunal for a Possession Order. 
Continued overdue rent payments by tenants of residential tenancies may be considered unnecessary inconvenience to the landlord. If the tenant ignores the written warning and continues to act, the landlord may apply to the Lands Tribunal for a repossession order.

Sources: https://www.rvd.gov.hk/tc/faqs/tenancy_matters.html

Question 13

Can a landlord forfeit a residential tenancy on statutory grounds?

Accepted Answer

The landlord may forfeit the residential tenancy in accordance with Part IV of the Ordinance if the tenant:
1. No rent payment within 15 days of due;
2. Use the premises for unethical or illegal purposes;
3. cause unnecessary annoyance, inconvenience or harassment, including persistently late payment of rent; and
4. Changes to the structure of the premises without the consent of the owner.

Sources: https://www.rvd.gov.hk/tc/faqs/tenancy_matters.html

Question 14

How many months will it take to repossess the property?

Accepted Answer

The correct and legal process of repossession is mainly divided into three steps. The time will be determined by each case, but each process will take a certain amount of time. The first step is that the landlord needs to submit a notice of application to the Lands Tribunal, together with the stamped tenancy agreement and other tenancy documents, and submit it to the Tribunal for registration. After that, a copy of the notice should be sent to the tenant, and a copy of the notice should be affixed to the door of the unit for three consecutive days. After completion, a copy of the notice should be sworn in at the Lands Tribunal within a few days. The second step is to apply for a judgment, which takes about two to three days, but the premise is that the tenant has not made an objection within seven days of receiving the application notice. If the tenant has objections, they need to wait for the hearing, which will take about half a month or more. 
 
Finally, the unit will be recovered at the door. After the owner receives the judgment, he will apply for a writ of repossession, and the bailiff will execute the court order to recover the unit. The time required will depend on the bailiff's schedule of the district, and the average waiting time is about one to two months. Therefore, to sum up the entire repossession process, it will take about three months at the earliest.