Property Law in Hong Kong
Property Law in Hong KongUpdated on Monday 04th January 2016
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Property law is comprised of matters regarding the assignment and purchase of buildings, but it also deals with the concept of tenant and landlord regulations, which is a part of property law. Land transactions are further governed by the Land Registration Ordinance. For further details on property laws and regulations, you can seek counsel from a lawyer in Hong Kong.
Types of contracts between landlords and tenants in Hong Kong
There are two types of arrangements in Hong Kong with regard to rental, namely:
- the lease (when the rental period exceeds three years);
- the tenancy agreement (when the tenancy does not exceed three years).
The main difference between the two types is the length of the tenancy; apart from that, there are no significant distinctions between the two.
Our lawyers in Hong Kong can be contacted for assistance and further information about property law in Hong Kong, as they have experience in these legal matters.
Ending a tenancy in Hong Kong
In what ending a fixed term tenancy is concerned, property law in Hong Kong states that there is no way to do it prior to the expiration date stated on the lease agreement.
A domestic tenancy, however, can be terminated in the following cases:
- • use of the premises for illegal and/or immoral purposes;
- • changes applied to the premises without the landlord's consent;
- • non-payment of the rent after fifteen days from the due date;
- • disturbance, unnecessary annoyance (including recurrent delay in payment of the rent).
In case the tenant refuses to vacate the property after the expiration of the tenancy agreement, then the landlord has the right to apply for possession from the Lands Tribunal in Hong Kong (only if the rent is below HK$1,000,000) or from other Courts, before the tenant can be forced to vacate the place. Our attorneys in Honk Kong can advise you on property law in Hong Kong and help you solve any other legal issues that you may face.
Legal system of property law in Hong Kong
The major body handling tenancy disputes is the Lands Tribunal. For rent arrears claims, the landlord can go to either of the following:
- - the Small Claims Tribunal;
- - the District Court;
- - the Court of First Instance of the High Court.
The laws on tenancy in Hong Kong are generally implemented by the Rating and Valuation Department, which is further supplemented by Common Law.
Feel free to contact our Hong Kong law firm for any inquiries related to property law and tenancy issues.