The Bare Licence To Occupy is a versatile legal instrument used in Hong Kong when parties need to establish a flexible arrangement for the occupation of space without creating a landlord-tenant relationship. This document type is particularly relevant in today's dynamic business environment, where traditional long-term leases may not suit all commercial needs. It's commonly used for serviced offices, co-working spaces, temporary business locations, or situations requiring quick deployment of workspace solutions. The document addresses key aspects such as occupation rights, fee structures, duration, and termination rights, while ensuring compliance with Hong Kong's legal framework. Unlike a lease, it provides greater flexibility for the licensor to relocate the licensee or terminate the arrangement, making it ideal for short-term or flexible space requirements. The agreement must be carefully drafted to avoid inadvertently creating a lease and should clearly establish its nature as a licence.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership of your docs
Alternatively...
1. Parties: Identification of the Licensor and Licensee with full legal names and addresses
2. Background: Context of the agreement and confirmation that this is intended to be a bare licence, not a lease
3. Definitions: Key terms used throughout the document including 'Premises', 'Licence Period', 'Licence Fee', and 'Permitted Use'
4. Grant of Licence: Express terms of the licence grant, emphasizing its non-exclusive nature and that it creates no estate or interest in the property
5. Licence Period: Duration of the licence, including start and end dates
6. Licence Fee: Amount payable, payment terms, and payment method
7. Licensee's Obligations: Core obligations including compliance with regulations, maintenance, and conduct requirements
8. Licensor's Rights: Rights to enter and inspect, relocate licensee, and maintain the premises
9. Termination: Circumstances under which the licence can be terminated by either party
10. Notices: How formal communications between parties should be made
11. Governing Law: Confirmation that Hong Kong law governs the agreement
1. Utilities and Services: Include when licensee has responsibility for any utilities or services
2. Insurance: Include when specific insurance requirements are needed beyond standard building insurance
3. Security Deposit: Include when a security deposit is required
4. Alterations: Include when licensee may need to make minor alterations to the space
5. Sharing and Assignment: Include when there's need to explicitly prohibit or regulate sharing of the space
6. Health and Safety: Include for specific health and safety requirements, particularly relevant for commercial premises
7. COVID-19 Provisions: Include specific provisions related to pandemic measures if still relevant
8. Break Clause: Include when early termination options are required
1. Schedule 1 - Description of Premises: Detailed description of the licensed area including floor plans and photographs
2. Schedule 2 - Permitted Use: Detailed description of how the premises may be used
3. Schedule 3 - House Rules: Building regulations, access times, and general conduct requirements
4. Schedule 4 - Fee Schedule: Breakdown of licence fee and any additional charges
5. Schedule 5 - Inventory: List of any furniture, equipment or other items included in the licence
6. Schedule 6 - Service Level Agreement: Details of any services provided by the licensor
7. Appendix A - Floor Plan: Detailed floor plan marking out the licensed area
8. Appendix B - Photos: Photographs documenting the condition of the premises at the start of the licence
Is a Bare Licence To Occupy legally binding in Hong Kong?
Yes, a Bare Licence To Occupy is legally binding in Hong Kong when properly executed under the Law Amendment and Reform (Consolidation) Ordinance (Cap. 26). Unlike traditional leases, it creates a licence arrangement rather than a tenancy, giving the licensor greater flexibility to terminate or modify the arrangement. The document must contain essential terms including parties, premises description, duration, and consideration to be enforceable.
Do I need a lawyer to prepare a Bare Licence To Occupy in Hong Kong?
While not legally required, it's highly recommended to engage a Hong Kong solicitor for a Bare Licence To Occupy, especially for commercial arrangements or complex terms. A lawyer ensures compliance with Cap. 26 and Cap. 314 Building Management Ordinance requirements, proper drafting to avoid creating an unintended tenancy, and protection of your interests. For simple residential arrangements, a well-drafted template may suffice with careful review.
How does a Bare Licence To Occupy differ from a tenancy agreement in Hong Kong?
A Bare Licence To Occupy grants permission to use premises without creating landlord-tenant rights under Hong Kong's Landlord and Tenant (Consolidation) Ordinance. The licensee has no exclusive possession, security of tenure, or right to assign, while the licensor retains greater control and can relocate the licensee if specified. Tenancy agreements provide stronger occupancy rights, exclusive possession, and statutory protection that bare licences deliberately avoid.
Authors
Find the document you need
Bare Licence To Occupy
A Hong Kong law-governed agreement granting non-exclusive permission to occupy premises without creating a leasehold interest.
Download
Supplemental Trust Deed For Appointment Of Trustee
An Australian legal document that formalizes the appointment of a new trustee and retirement of an existing trustee, ensuring proper transition of trust responsibilities and assets.
Download
Purchase Deed Of Trust
An Australian legal document establishing a trust structure for purchasing and holding property or assets, combining trust and property law elements under Australian jurisdiction.
Download
Voluntary Trust Deed
An Australian law-governed deed establishing a voluntary trust arrangement, defining trustee powers, beneficiary rights, and trust management rules.
Download
Trust Deed Fund
An Australian law-governed deed establishing and regulating a trust fund structure, defining relationships between trustees, beneficiaries, and operational framework.
Download
Registered Trust Deed
An Australian legal document that establishes and governs a trust arrangement, setting out trustee powers, beneficiary rights, and administrative provisions, requiring official registration.
Download
Private Discretionary Trust Deed
An Australian legal document establishing a discretionary trust structure for flexible asset management and distribution, governed by federal and state trust laws.
Download
Pension Scheme Trust Deed
An Australian law-governed trust deed establishing and regulating a superannuation fund, setting out operational terms and compliance requirements.
Download
Discretionary Family Trust Deed
An Australian legal instrument establishing a discretionary family trust, defining trustee powers and beneficiary rights for effective family asset management and distribution.
Download
Deed Of Appointment Discretionary Trust
An Australian legal document facilitating the appointment of new trustees to a discretionary trust, including transfer of powers and responsibilities under Australian law.
Download
Trust Deed Amendment
An Australian legal document that modifies an existing trust deed's terms and conditions, subject to Australian trust and tax law requirements.
Download
Employee Ownership Trust Deed
An Australian law-governed trust deed establishing an Employee Ownership Trust to hold and manage company shares for employee beneficiaries.
Download
Definitive Trust Deed
An Australian law-governed document that establishes a trust and defines its terms, structure, and operational framework.
Download
Deed Of Interest
An Australian law-governed deed that creates or transfers legal or equitable interests in property or assets, meeting formal requirements under Australian property and contract law.
Download
Deed Of Amendment And Restatement
An Australian law deed that amends an existing agreement and restates it in full, incorporating all changes into a single consolidated document.
Download
Deed Amendment
An Australian legal instrument that formally modifies an existing deed while maintaining compliance with state-specific deed requirements and formalities.
Download
Protected Trust Deed
An Australian legal document establishing a protected trust arrangement for asset management and debt restructuring, compliant with Australian trust and insolvency laws.
Download
Bare Trust Deed
An Australian legal document establishing a bare trust arrangement where a trustee holds property for a beneficiary with minimal active duties.
Download
Deed Of Appointment Trust
An Australian legal instrument that formally appoints new trustees to an existing trust and documents the transfer of trust responsibilities and assets.
Download
Promissory Deed
An Australian law-governed deed that creates a legally binding promise between parties, typically used for financial or performance obligations with enhanced enforceability.
Download
Trust Deed Variation
An Australian legal document that modifies an existing trust deed's terms while ensuring compliance with federal and state trust laws.
Download
Declaration Of Bare Trust
An Australian legal document establishing a bare trust arrangement where a trustee holds assets solely for a beneficiary's benefit, subject to federal and state trust laws.
Download
Quick Deed Of Trust
An Australian legal document establishing a simplified trust arrangement, setting out essential terms for trustees, beneficiaries, and trust property management.
Download
Deed Of Vesting Of Trust
An Australian legal document that formally terminates a trust and governs the distribution of trust assets to beneficiaries, ensuring compliance with Australian trust and tax laws.
Download
Deed Of Confirmation Of Trust
An Australian legal document that formally confirms and evidences existing trust arrangements, including terms, assets, and parties involved in the trust structure.
Download
Trust Deed Variation To Exclude Foreign Beneficiaries
An Australian law trust deed variation document that modifies an existing trust to exclude foreign beneficiaries, ensuring compliance with foreign investment regulations.
Download
Simple Deed Of Trust
An Australian legal document establishing a trust arrangement, defining the relationship between trustees and beneficiaries, and setting out the terms for managing trust assets.
Download
Public Trustee's Deed
An Australian legal instrument establishing the Public Trustee's authority and responsibilities in managing assets, estates, or financial affairs under state jurisdiction.
Download
Pocket Deed Of Trust
An Australian legal instrument establishing a condensed trust arrangement, defining trustee powers, beneficiary rights, and trust administration requirements.
Download
Deed Of Advancement Terminating Trust
An Australian legal document that formally terminates a trust arrangement and governs the distribution of trust assets to beneficiaries.
Download
Seller Financed Deed Of Trust
An Australian legal document establishing a seller-financed property purchase arrangement where the property is held in trust as security until full payment is made.
Download
Personal Injury Trust Deed
An Australian legal document establishing a trust to manage and protect personal injury compensation funds, ensuring appropriate administration and beneficiary care.
Download
Junior Deed Of Trust
An Australian legal document establishing a simplified trust structure for managing assets and distributions, suitable for smaller-scale trust arrangements.
Download
Supplemental Deed
An Australian law-governed formal document that modifies or adds to an existing deed's terms while maintaining its formal deed status.
Download
Community Trust Deed
An Australian legal document establishing a trust structure for community benefit purposes, defining trustee duties, governance, and distribution rules.
Download
Business Trust Deed
An Australian legal document establishing a business trust structure, defining trustee powers, beneficiary rights, and operational framework under Australian law.
Download
Revocable Deed
An Australian law-governed Revocable Deed providing formal deed benefits with built-in revocation flexibility.
Download
Supplemental Deed Of Trust
An Australian legal document used to amend or modify an existing trust deed, subject to Australian federal and state trust laws.
Download
Subordinate Deed Of Trust
An Australian legal document establishing a secondary trust structure under a master trust, defining its governance, assets, and beneficiary arrangements.
Download
Simple Declaration Of Trust
An Australian legal document establishing a trust arrangement, detailing how trustees hold and manage assets for beneficiaries under Australian law.
Download
Genie’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your data is private:
We do not train on your data; Genie’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
