Leasing Tips and Reminders

Students who are interested in living off-campus are welcome to send email to us(offcamphouse@ust.hk). We will provide notes for more information on the rental policies and knowledge in Hong Kong. Also, some important points should be noted when renting apartments or rooms on your own. Latest rental information nearby HKUST is also provided. 

What is a tenancy agreement?

• Tenancy agreement is a legal document and is binding on the signatories.

• Tenancy agreement specifies the responsibilities of the tenant and the landlord.

• It is usually not necessary to use the services of a solicitor/lawyer for this.

• The standard agreement lasts for one to two years, requires the monthly rent to be paid in advance, and contains some form of break clause of early termination.

• The standard agreement usually is bounded by the first 12 months, that is, the Landlord and tenant cannot break the lease until the 13th month of the agreement. After that, either party can quit the agreement with one month notice in advance

• A tenancy agreement has to be signed between the landlord and the tenant to protect each other's interests and avoid as far as possible future disputes.- The agreement will stipulate clearly the tenancy period, the rental level, the deposit and the rights and obligations of both parties. For example, it should state:

  • How to terminate the tenancy. (If not specified, fixed-term tenancies or periodic tenancies will terminate once the tenancy term expires.)

  • Rental amount, schedule and payment method etc

  • Whether rates and management fees are included in the rent

  • Deposit amount

  • Whether sub-letting is allowed by landlord

  • Procedures and cost of signing a tenancy agreement

  • Method of serving a notice with correct addresses & phone nos. of the landlord & tenant

  • Whether the “Home Ownership Scheme Properties” is subject to alienation restrictions and a certificate for Removal of Alienation Restrictions has been issued

• A tenancy agreement needs to be stamped. This will be done by landlord, but the duties are usually shared by both the landlord and tenant.

If you have enquiry on tenancy matters, you could:

• Contact the Off-Campus Housing Section of SHRL by email to offcamphouse@ust.hk or by phone 2358-8583

• Refer to the:

  • Notes on Signing Tenancy Agreement” prepared by Consumer Council and Estate Agents Authority

  • Tenancy guide for non-local student in Hong Kong

  • Rating and Valuation Department

  • Duty Lawyer Service of the Law Society of HK

What are your rights and responsibilities as a tenant?

The following rights and responsibilities as a tenant are for your reference only. They are subject to the terms and condition stipulated in the tenancy agreement signed by both the tenant and the landlord. You may also read this booklet published by EAA which describes tenant/landlord right and responsibility in detail.
 

Rights

• Before you rent the apartment, you have a right to ask the agent to show the copy of registered ownership. This serves to secure the rent is payable to the right owner.

• In general, the landlord and tenant share all costs related to the signing of a tenancy agreement.

• Charges for rates and management fee should be shouldered by either the tenant or the landlord, as stated in the tenancy contract.

• Tenant has the right to use the premises. Landlord cannot disturb the tenant without special reason. For instance, landlord normally cannot enter the apartment without prior consent of the tenant.

• Tenant can refuse to move even being requested by the landlord, if the tenant does not violate the tenancy agreement in the first year of tenancy.

• Landlord is required to provide basic facilities inside the apartment eg. water, electricity, gas etc.

• Landlord & tenant are entitled to terminate the tenancy agreement if the landlord fails to repair the property after a reasonable period.

• Tenant is entitled to withhold rent if the property has become uninhabitable.

• If any party breaches any term or condition in the tenancy agreement, the other party is entitled to terminate the agreement.

• Either the landlord or the tenant can terminate the tenancy agreement by giving one month advance notice in the second year of tenancy.

Responsibilities

• Pay the monthly rent on time.

• Should not damage the provisions, structure, and fixture inside the rented apartment.

• Should not make any alternations to partitions and fittings or make additions to the property without the landlord’s prior written consent.

• Should not fail to comply with the general obligations. If not, the landlord may sue for damages.

• Should not perform acts which will damage the benefit of the landlord without the consent of the landlord.

• Examples include:

  • Sale of rented apartment

  • Allow commercial activities inside the apartment

  • Allow illegal activities inside the apartment

  • Subletting etc

Common terms in a tenancy agreement