Management Lease Agreement for Hong Kong

Management Lease Agreement Template for Hong Kong

A Management Lease Agreement under Hong Kong law is a comprehensive legal document that combines traditional lease provisions with property management services arrangements. It establishes the terms and conditions for both the leasing of property and its professional management, governed by Hong Kong's Landlord and Tenant (Consolidation) Ordinance and Building Management Ordinance. The agreement details the rights and obligations of the landlord, tenant, and management company, including rent payments, management fees, service standards, maintenance responsibilities, and operational procedures specific to Hong Kong's property management requirements.

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What is a Management Lease Agreement?

The Management Lease Agreement is a specialized contract used in Hong Kong's property market where professional property management services are integrated with traditional leasing arrangements. This document type is particularly relevant for commercial, retail, and industrial properties requiring dedicated management services. The agreement complies with Hong Kong's legal framework, particularly the Landlord and Tenant (Consolidation) Ordinance and Building Management Ordinance, while addressing both property occupation and management aspects. It is commonly used in situations where sophisticated property management is required, such as shopping centers, office buildings, or industrial complexes, and includes detailed provisions for service delivery, performance standards, and fee structures. The document provides a comprehensive framework for managing the three-way relationship between property owner, tenant, and management company, ensuring clear delineation of responsibilities and obligations under Hong Kong law.

What sections should be included in a Management Lease Agreement?

1. Parties: Identification of the landlord, tenant, and management company, including their respective business details and registered addresses

2. Background: Context of the agreement, including property details and purpose of the management lease arrangement

3. Definitions: Defined terms used throughout the agreement, including property-specific and management-related terminology

4. Term and Commencement: Duration of the lease and management agreement, including commencement date and any option periods

5. Rent and Management Fees: Rental amounts, payment terms, management fee structure, and payment schedules

6. Management Services: Detailed scope of management services to be provided, including maintenance, security, and other operational services

7. Landlord's Obligations: Responsibilities and commitments of the landlord, including structural repairs and insurance obligations

8. Tenant's Obligations: Responsibilities of the tenant, including payment obligations, use restrictions, and compliance requirements

9. Manager's Obligations: Specific duties and responsibilities of the management company

10. Insurance and Liability: Insurance requirements for all parties and allocation of risks

11. Maintenance and Repairs: Responsibilities for various types of repairs and maintenance between all parties

12. Default and Remedies: Events of default, cure periods, and available remedies for each party

13. Termination: Grounds for termination and the process for ending the agreement

14. General Provisions: Standard boilerplate clauses including notices, governing law, and dispute resolution

What sections are optional to include in a Management Lease Agreement?

1. Special Facilities Management: Additional provisions for managing special facilities like gyms, pools, or conference centers - include when property has such facilities

2. Retail Management: Specific provisions for retail property management including tenant mix, promotional activities - include for retail premises

3. Green Building Requirements: Specific environmental and sustainability requirements - include for green buildings or when required by regulations

4. Crisis Management: Specific procedures for handling emergencies or crisis situations - include for larger properties or high-risk locations

5. Service Level Agreements: Detailed performance metrics for management services - include when specific service levels need to be maintained

6. Change in Control: Provisions dealing with change in ownership or control of any party - include for complex corporate structures

What schedules should be included in a Management Lease Agreement?

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

2. Schedule 2 - Management Services: Detailed scope of management services, including frequency and standards

3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees, including management fees, service charges, and other costs

4. Schedule 4 - House Rules: Building rules and regulations that must be followed by occupants

5. Schedule 5 - Service Level Standards: Specific performance standards and metrics for management services

6. Schedule 6 - Insurance Requirements: Detailed insurance requirements for all parties

7. Schedule 7 - Maintenance Schedule: Planned maintenance schedule and responsibilities

8. Appendix A - Forms and Notices: Standard forms for various notices and requests under the agreement

9. Appendix B - Emergency Procedures: Detailed emergency response procedures and contact information

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

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Commercial Real Estate

Retail

Industrial

Office Space

Shopping Centers

Mixed-use Developments

Hospitality

Residential (Multi-unit)

Business Parks

Logistics and Warehousing

Relevant Teams

Legal

Real Estate

Property Management

Facilities Management

Operations

Asset Management

Leasing

Risk and Compliance

Finance

Maintenance

Security

Tenant Relations

Relevant Roles

Property Manager

Facility Manager

Real Estate Director

Legal Counsel

Operations Manager

Asset Manager

Leasing Manager

Building Manager

Commercial Director

Property Services Director

Tenant Relations Manager

Maintenance Manager

Security Manager

Risk Manager

Compliance Officer

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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