Licence To Occupy Residential Property for Hong Kong

Licence To Occupy Residential Property Template for Hong Kong

A Licence to Occupy Residential Property is a legal document used in Hong Kong that grants permission for temporary occupation of residential premises without creating a landlord-tenant relationship or conferring any interest in land. This document carefully balances the rights and obligations of both licensor and licensee while maintaining flexibility for various residential scenarios. It incorporates specific provisions aligned with Hong Kong property law and practice, including requirements under the Building Management Ordinance and related regulations, while establishing clear terms for occupation, payment, and property use.

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What is a Licence To Occupy Residential Property?

The Licence To Occupy Residential Property is commonly used in Hong Kong when parties wish to create a flexible arrangement for temporary occupation of residential space without establishing a formal tenancy. This document is particularly relevant for short-term arrangements, corporate housing solutions, or situations requiring greater flexibility than traditional leases. It details the terms of occupation, including duration, fees, obligations, and conditions, while explicitly preserving the licensor's control over the property. The agreement is structured to comply with Hong Kong law and practice, incorporating necessary provisions for property management, utilities, and other essential services. Typically used for periods ranging from a few months to a year, it provides a practical solution for temporary accommodation needs while protecting both parties' interests through clear terms and conditions.

What sections should be included in a Licence To Occupy Residential Property?

1. Parties: Identification of the Licensor (property owner/main tenant) and Licensee (occupier), including full names, addresses, and identification numbers

2. Background: Context of the agreement, confirming intention to grant a license rather than a lease, and brief description of the property

3. Definitions: Key terms used throughout the agreement, including 'Property', 'License Period', 'License Fee', 'Common Areas', and 'House Rules'

4. Grant of Licence: Express terms of the license grant, clearly stating it's a personal right to occupy, not an exclusive possession

5. Licence Period: Duration of the license, including start and end dates, and any renewal provisions

6. Licence Fee and Other Charges: Amount payable, payment schedule, utilities, management fees, and other charges

7. Deposit: Amount, payment terms, and conditions for refund of the security deposit

8. Permitted Use: Specific allowed uses of the property, including occupancy limits and restrictions

9. Licensee's Obligations: Key responsibilities including maintenance, repairs, conduct, and compliance with rules

10. Licensor's Obligations: Responsibilities for providing access, maintaining structure, and essential services

11. Restrictions: Specific prohibitions and limitations on the use of the property

12. Termination: Grounds for termination, notice requirements, and consequences of termination

13. Property Condition: State of the property at commencement and return conditions

14. Notices: Method and addresses for formal communications between parties

15. General Provisions: Standard clauses including entire agreement, amendments, governing law

What sections are optional to include in a Licence To Occupy Residential Property?

1. Furniture and Fittings: Details of provided furnishings and equipment, used when property is provided furnished

2. Additional Occupants: Terms for allowing other occupants, used when multiple occupants are permitted

3. Pets: Specific terms regarding pets, used when pets are allowed in the property

4. Parking: Terms for use of parking facilities, included when parking is available

5. Building Facilities: Access and usage terms for gym, pool, etc., used when property includes facility access

6. Insurance: Insurance requirements for either party, used in high-value properties or when specifically required

7. Sublicensing: Terms regarding sublicensing rights, used when sublicensing might be permitted

8. Break Clause: Early termination options, used when parties want flexibility to end agreement early

What schedules should be included in a Licence To Occupy Residential Property?

1. Schedule 1 - Property Description: Detailed description of the licensed property including floor plan and boundaries

2. Schedule 2 - Inventory List: Detailed list of furniture, appliances, and fittings provided with condition notes

3. Schedule 3 - House Rules: Building management rules and specific property usage guidelines

4. Schedule 4 - Fee Schedule: Breakdown of license fee, utilities, management fees, and other charges

5. Schedule 5 - Condition Report: Detailed report of property condition at commencement of license

6. Appendix A - Floor Plan: Property layout and relevant measurements

7. Appendix B - Photographs: Documentary evidence of property condition at commencement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Residential Property

Corporate Housing

Serviced Apartments

Hospitality

Professional Services

Relocation Services

Property Management

Corporate Services

Relevant Teams

Legal

Real Estate

Facilities Management

Corporate Housing

Human Resources

Operations

Property Management

Compliance

Corporate Services

Asset Management

Relevant Roles

Property Manager

Real Estate Lawyer

Corporate Housing Manager

Facilities Manager

Relocation Specialist

Property Administrator

Legal Counsel

Housing Officer

Real Estate Agent

Corporate Services Manager

HR Manager

Operations Manager

Compliance Officer

Asset Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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