Rental Waiver for Hong Kong

Rental Waiver Template for Hong Kong

A legally binding document governed by Hong Kong law that formalizes an agreement between a landlord and tenant to waive certain rental payments or obligations under an existing tenancy agreement. The document specifies the terms and conditions of the waiver, including the amount being waived, the period of waiver, and any conditions attached to the waiver. It ensures compliance with Hong Kong's Landlord and Tenant (Consolidation) Ordinance and provides legal protection for both parties while maintaining the validity of other terms in the original tenancy agreement.

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What is a Rental Waiver?

The Rental Waiver is a crucial legal document used in Hong Kong when a landlord agrees to forgo their right to collect certain rental payments or modify rental obligations from a tenant under an existing lease agreement. This document becomes particularly relevant during economic downturns, public health emergencies, or other exceptional circumstances that may affect a tenant's ability to meet their rental obligations. The waiver must comply with Hong Kong's property and contract laws, specifically the Landlord and Tenant (Consolidation) Ordinance and the Conveyancing and Property Ordinance. It typically includes details of the original tenancy, specific terms being waived, duration of the waiver, and any conditions attached to the arrangement. The document serves as a formal record of the agreement and helps prevent future disputes regarding the waived obligations.

What sections should be included in a Rental Waiver?

1. Parties: Identification of the Landlord and Tenant, including full legal names, addresses, and company registration numbers if applicable

2. Background: Details of the original tenancy agreement, including date, premises details, and context for the rental waiver

3. Definitions: Key terms used in the agreement, including 'Premises', 'Original Tenancy Agreement', 'Waiver Period', and 'Waived Amount'

4. Waiver Terms: Specific details of the rent being waived, including amount, period, and any conditions attached to the waiver

5. Continuing Obligations: Confirmation of which tenancy obligations remain in force despite the waiver

6. Legal Effect: Statement confirming the legal binding nature of the waiver and its relationship to the original tenancy agreement

7. Governing Law: Confirmation that the waiver is governed by Hong Kong law

8. Execution: Signature blocks for all parties and witnessing requirements

What sections are optional to include in a Rental Waiver?

1. Conditions Precedent: Used when the waiver is subject to certain conditions being met before becoming effective

2. Partial Payments: Include when there's an agreement for reduced rather than fully waived rent

3. Payment Schedule: Required when the waiver includes a revised payment schedule for remaining rent

4. Property Maintenance: Include when the waiver affects or is conditional upon maintenance obligations

5. Insurance Requirements: Include when there are specific insurance requirements related to the waiver

6. Reinstatement Provisions: Used when the waiver is temporary and includes terms for returning to original rental terms

What schedules should be included in a Rental Waiver?

1. Schedule 1 - Original Tenancy Details: Copy or summary of key terms from the original tenancy agreement

2. Schedule 2 - Waiver Calculation: Detailed breakdown of the waived amounts and calculations

3. Schedule 3 - Payment Schedule: If applicable, revised payment schedule for any remaining rent

4. Appendix A - Property Details: Detailed description of the premises subject to the waiver

5. Appendix B - Supporting Documents: Any relevant supporting documentation justifying the waiver (e.g., force majeure events, government orders)

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
Relevant Industries

Real Estate

Retail

Commercial Property

Residential Property

Hospitality

Office Space

Industrial

Shopping Centers

Food & Beverage

Healthcare

Relevant Teams

Legal

Real Estate

Property Management

Facilities Management

Operations

Finance

Compliance

Asset Management

Contract Administration

Company Secretariat

Relevant Roles

Property Manager

Real Estate Manager

Legal Counsel

Facilities Manager

Asset Manager

Leasing Manager

Contract Administrator

Property Director

Real Estate Director

Commercial Manager

Operations Manager

Company Secretary

Compliance Officer

Finance 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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