The Buy Tenancy Agreement is a fundamental legal document used in Hong Kong's property market to establish and regulate the landlord-tenant relationship. This document is essential when parties wish to enter into a formal tenancy arrangement, whether for residential or commercial properties. It incorporates specific requirements under Hong Kong law, including provisions from the Landlord and Tenant (Consolidation) Ordinance, Stamp Duty Ordinance, and other relevant legislation. The agreement comprehensively covers all aspects of the tenancy, from basic terms such as rent and duration to specific provisions about property use, maintenance, and termination rights. It serves as a vital tool for protecting both parties' interests and ensuring legal compliance in Hong Kong's dynamic property market.
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1. Parties: Identifies and provides full details of the landlord and tenant, including Hong Kong ID numbers/Business Registration numbers
2. Background: Sets out the context of the agreement, including brief property details and parties' intention to enter into a tenancy
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Property Details: Comprehensive description of the premises being let, including address and any included fixtures/fittings
5. Term: Specifies the duration of the tenancy, including start and end dates
6. Rent and Payment Terms: Details of rent amount, payment schedule, method of payment, and late payment consequences
7. Deposit: Specifies security deposit amount, terms of holding, and conditions for refund
8. Utilities and Charges: Allocation of responsibility for utilities, management fees, government rent, and rates
9. Use of Premises: Permitted use of the property and any restrictions
10. Tenant's Obligations: Comprehensive list of tenant's responsibilities including maintenance, repairs, and conduct
11. Landlord's Obligations: Details of landlord's duties and responsibilities
12. Insurance: Requirements for insurance coverage by both parties
13. Termination: Circumstances and procedures for early termination by either party
14. Assignment and Subletting: Restrictions on assignment and subletting of the premises
15. Notices: Procedures for serving notices between parties
16. Governing Law: Confirms Hong Kong law as governing law and jurisdiction
17. Execution: Signature blocks and execution formalities
1. Break Clause: Optional provision allowing early termination under specific conditions, typically after a minimum period
2. Renovation and Alterations: Specific terms regarding permitted renovations or alterations, used when the tenant requires or requests modification rights
3. Option to Renew: Terms for extending the tenancy, included when parties agree to potential renewal
4. Special Conditions: Any unique terms specific to this tenancy, such as specific maintenance responsibilities or use restrictions
5. Pet Clause: Terms regarding keeping pets, included when pets are permitted or specifically prohibited
6. Car Parking: Terms regarding parking spaces, if included with the tenancy
7. Stamp Duty Arrangement: Specific agreement on how stamp duty will be shared between parties, if different from standard practice
1. Schedule 1 - Inventory: Detailed list of furniture, fixtures, and fittings included in the tenancy
2. Schedule 2 - Property Condition: Detailed description of property condition at commencement of tenancy
3. Schedule 3 - House Rules: Building management rules and regulations applicable to the property
4. Schedule 4 - Floor Plan: Floor plan of the premises showing layout and included areas
5. Appendix A - Special Fittings: Details of any special fittings or appliances including maintenance requirements
6. Appendix B - Handover Form: Template for property handover inspection to be completed at start and end of tenancy
Relevant legal definitions
Agreement
Building
Building Management Office
Business Day
Commencement Date
Common Areas
Deposit
Expiry Date
Government Rent
Gross Floor Area
Hong Kong
Insurance
Landlord
Management Charges
Management Company
Notice
Parties
Permitted Use
Premises
Property
Rates
Rent
Rent Payment Date
Rules and Regulations
Schedule
Security Deposit
Service Charges
Stamp Duty
Tenant
Term
Utilities
Working Hours
Building
Building Management Office
Business Day
Commencement Date
Common Areas
Deposit
Expiry Date
Government Rent
Gross Floor Area
Hong Kong
Insurance
Landlord
Management Charges
Management Company
Notice
Parties
Permitted Use
Premises
Property
Rates
Rent
Rent Payment Date
Rules and Regulations
Schedule
Security Deposit
Service Charges
Stamp Duty
Tenant
Term
Utilities
Working Hours
Clauses
Interpretation
Grant of Tenancy
Rent Payment
Security Deposit
Utilities and Charges
Management Fees
Use of Premises
Maintenance and Repair
Alterations and Additions
Insurance
Assignment and Subletting
Landlord's Covenants
Tenant's Covenants
Property Access
Default and Remedies
Termination
Break Clause
Force Majeure
Quiet Enjoyment
Property Handover
Notices
Stamp Duty
Governing Law
Dispute Resolution
Entire Agreement
Severability
Waiver
Third Party Rights
Confidentiality
Indemnification
Grant of Tenancy
Rent Payment
Security Deposit
Utilities and Charges
Management Fees
Use of Premises
Maintenance and Repair
Alterations and Additions
Insurance
Assignment and Subletting
Landlord's Covenants
Tenant's Covenants
Property Access
Default and Remedies
Termination
Break Clause
Force Majeure
Quiet Enjoyment
Property Handover
Notices
Stamp Duty
Governing Law
Dispute Resolution
Entire Agreement
Severability
Waiver
Third Party Rights
Confidentiality
Indemnification
Relevant Industries
Real Estate
Property Management
Residential Property
Commercial Property
Legal Services
Property Investment
Corporate Services
Facilities Management
Real Estate Development
Professional Services
Relevant Teams
Legal
Real Estate
Facilities Management
Property Management
Operations
Compliance
Contract Administration
Asset Management
Tenant Relations
Property Services
Relevant Roles
Property Manager
Real Estate Agent
Legal Counsel
Facilities Manager
Asset Manager
Property Administrator
Leasing Manager
Corporate Real Estate Manager
Property Operations Manager
Compliance Officer
Contract Administrator
Real Estate Director
Property Investment Manager
Tenant Relations Manager
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