Lodger Tenancy Agreement for Hong Kong

Lodger Tenancy Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes the terms and conditions for a lodger arrangement where the landlord resides in the same property. This document outlines the rights and obligations of both the resident landlord and lodger, including specific provisions for shared spaces, utilities, house rules, and privacy considerations. It complies with Hong Kong's Landlord and Tenant (Consolidation) Ordinance and related regulations while addressing the unique aspects of shared living arrangements in Hong Kong's residential property market.

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What is a Lodger Tenancy Agreement?

The Lodger Tenancy Agreement is specifically designed for situations in Hong Kong where a property owner wishes to rent out a room or portion of their primary residence while continuing to live in the property. This arrangement differs from standard residential tenancies as it involves shared living spaces and closer interaction between the parties. The document incorporates essential elements required under Hong Kong law, including provisions from the Landlord and Tenant (Consolidation) Ordinance, while addressing practical aspects of shared living such as use of common areas, utilities sharing, and house rules. It's particularly relevant in Hong Kong's compact urban environment where shared living arrangements are common, especially in private residences and family homes. The agreement provides legal protection for both parties while establishing clear guidelines for harmonious coexistence in a shared living space.

What sections should be included in a Lodger Tenancy Agreement?

1. Parties: Identification of the landlord (who must be the resident owner) and the lodger, including full names and HKID/passport numbers

2. Background: Brief context explaining this is a lodger arrangement in an owner-occupied property

3. Definitions: Key terms used in the agreement including 'Property', 'Room', 'Common Areas', 'House Rules', 'Services'

4. Grant of License: Details of the room being licensed to the lodger and the nature of the arrangement

5. Term: Duration of the lodger agreement, including start and end dates

6. Fees and Payment: License fee (rent), utilities, and other charges, payment methods and due dates

7. Deposit: Amount of security deposit, terms for holding and return

8. Services and Utilities: Details of included services, utilities, and any additional charges

9. Use of Property: Permitted use of the room and common areas

10. House Rules: Basic rules for peaceful coexistence in shared accommodation

11. Maintenance and Repairs: Responsibilities for maintaining the room and reporting issues

12. Landlord's Obligations: Key responsibilities and commitments of the landlord

13. Lodger's Obligations: Key responsibilities and commitments of the lodger

14. Access and Privacy: Rights of access and privacy provisions for both parties

15. Termination: Conditions and process for ending the agreement by either party

16. Notices: How formal communications between parties should be made

17. Governing Law: Confirmation that Hong Kong law governs the agreement

What sections are optional to include in a Lodger Tenancy Agreement?

1. Insurance: Optional section detailing requirements for contents insurance if required

2. Guests: Policy on overnight guests if this needs specific regulation

3. Pets: Terms regarding pets if they are allowed or specifically prohibited

4. Parking: If parking space is available and included in the agreement

5. Additional Services: Any extra services provided such as cleaning or meals

6. Internet Usage: Specific terms for shared internet access if provided

7. Storage: Terms for any additional storage space if provided

8. Mediation: Optional dispute resolution procedure before legal action

What schedules should be included in a Lodger Tenancy Agreement?

1. Schedule 1: Inventory: List of furnishings and items provided in the room

2. Schedule 2: House Rules: Detailed house rules including quiet hours, cleaning rotas, and use of common areas

3. Schedule 3: Services Included: Detailed list of services included in the license fee

4. Schedule 4: Property Floor Plan: Plan showing the room and common areas

5. Schedule 5: Utility Agreements: Details of how utility costs are calculated and divided

6. Appendix A: Emergency Contacts: List of emergency contacts and important numbers

7. Appendix B: Check-in/Check-out Form: Form for recording condition at start and end of tenancy

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

Service Agreement

Cost

Free to use
Clauses
Relevant Industries

Real Estate

Residential Property

Property Management

Student Housing

Private Accommodation

Housing Services

Legal Services

Property Investment

Relevant Teams

Legal

Real Estate

Property Management

Residential Leasing

Housing Administration

Facilities Management

Contract Administration

Document Control

Compliance

Risk Management

Relevant Roles

Property Manager

Real Estate Agent

Property Lawyer

Housing Officer

Tenancy Administrator

Legal Counsel

Property Administrator

Residential Leasing Manager

Student Housing Coordinator

Property Investment Advisor

Tenant Relations Manager

Facilities 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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