TENANCY AGREEMENT Note 2

This Tenancy Agreement (“Agreement”) is made the _____ day of _______

20___ between the parties as more particularly described and set out in Part 1
of the First Schedule as landlord (the “Landlord”) and tenant (the “Tenant”).

Now it is hereby agreed as follows:

Part 1 Premises, term and rent

1. The Landlord shall let and the Tenant shall take the premises as described
in Part 2 of the First Schedule (“Premises”) together with the furniture,
fixtures and fittings, and electrical appliances, if any, provided by the
Landlord in the Premises (“Furniture, Fixtures and Fittings, and
Electrical Appliances”), details of which are set out in the Second
Schedule, for the term (“Term”) as set out in Part 3 of the First Schedule
and at the rent as set out in Part 4 of the First Schedule and on the
following terms and conditions.

2. The rent shall be payable [in advance] (please cross out the words in
square brackets if not applicable) on the days specified in Part 5 of the
First Schedule.

Part 2 Mandatory Terms Note 3

(A) Tenancy Agreement

3. The stamp duty on this Agreement (including its counterpart) is

to be borne by the Landlord solely.

4. The Landlord must, after receiving this Agreement (including its

counterpart) signed by the Tenant -

(a) cause this Agreement (including its counterpart) to be stamped

under the Stamp Duty Ordinance (Cap. 117); and

(b) within 30 days, return to the Tenant a counterpart of this

Agreement as stamped and signed by the parties.

5. (a) If the Landlord fails to return a counterpart of this Agreement as

stamped and signed by the parties under clause 4(b), the Tenant may
withhold the payment of rent until the Landlord has done so.

(b) If the Landlord has eventually returned the counterpart of this

Agreement as stamped and signed by the parties to the Tenant, the
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Tenant must pay back, free of interest, any rent withheld under clause
5(a) to the Landlord within 15 days after the Tenant’s receipt of the
counterpart.

(c) If the Tenant fails to comply with clause 5(b), the Landlord may,
by giving the Tenant not less than 15 days’ prior notice in writing,
terminate the tenancy.

(B) Landlord’s Obligations during Term

6. (a) The Landlord must maintain and keep in repair (where

applicable) –

(i) the drains, pipes and electrical wiring serving the Premises
exclusively; and

(ii) windows of the Premises.

(b) The Landlord must also keep in repair and proper working order
the fixtures and fittings provided by the Landlord in the Premises.

(c) On receiving a notice from the Tenant for repair of an item

referred to in clause 6(a) or 6(b), the Landlord must carry out the
repair as soon as practicable.

(d) For the purposes of clause 6(c), the Landlord may, by giving not
less than 2 days’ prior notice to the Tenant, enter the premises to –

(i) inspect the damage;

(ii) assess the need for the repair; and

(iii) (as the case requires) carry out the repair.

(e) However, if the damage to the item is caused by the wilful or

negligent act of -

(i) the Tenant;

(ii) an occupier (other than the Tenant) of the Premises; or

(iii) a person permitted by the Tenant to be on the Premises,

the Landlord is not responsible for the maintenance and repair of the
item under clause 6(a) or 6(b).
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7. (a) If the Landlord fails to fulfil an obligation under clause 6, the Tenant
may, by giving the Landlord not less than 30 days’ prior notice in
writing, terminate the tenancy.

(b) If the Tenant terminates the tenancy under clause 7(a), the Tenant
must, on or before the date of termination of the tenancy –

(i) deliver vacant possession of the Premises to the

Landlord; and

(ii) settle all outstanding money payable to the

Landlord under the tenancy.

(C) Tenant’s Obligations during Term

8. The Tenant must pay the rent to the Landlord on or before the
due date.

9. The Tenant must not make any structural alteration, or permit or

suffer any structural alteration to be made, to the Premises without the prior
consent in writing of the Landlord.

10. The Tenant must not use the Premises, or permit or suffer the
Premises to be used, for any immoral or illegal purpose.

11. The Tenant must not do anything, or permit or suffer anything to

be done, on the Premises that would cause any unnecessary annoyance,
inconvenience or disturbance to the Landlord or any other person. For the
purposes of this clause, if the Tenant persistently fails to pay rent as and when
it falls due, the Tenant may be regarded as causing unnecessary inconvenience
to the Landlord.

12. (a) The Tenant must not assign or underlet the whole of the Premises
to another person, or otherwise part with possession of the whole of
the Premises.

(b) The Tenant must not underlet part of the Premises to another
person without the prior consent in writing of the Landlord.

(D) Landlord’s Re-entry Note 4

13. (a) The Landlord may re-enter the Premises (or any part of the
Premises in the name of the whole) if the Tenant –
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(i) is in breach of clause 8 and fails to pay the rent within 15

days after the due date (except where the Tenant is
withholding the payment of rent under section 120AAZ(3)(a)
of the Landlord and Tenant (Consolidation) Ordinance (Cap.
7), or clause 5(a) of this Agreement); or

(ii) is in breach of clause 9, 10, 11 or 12 of this Agreement.

(b) The tenancy of the Premises is terminated immediately on the

Landlord’s re-entry under clause 13(a).

Part 3 Early Termination by Tenant Note 5

(please cross out this Part if not applicable)

14. In addition to the Tenant’s right to terminate the tenancy under

section 120AAZH of the Landlord and Tenant (Consolidation) Ordinance (Cap.
7), the Tenant may also terminate the tenancy by notice in accordance with
clause ___ in the Third Schedule.

Part 4 Additional Terms and Conditions Note 6

(please cross out this Part if not applicable)

14./15.* (delete whichever is not applicable) Apart from the terms and
conditions set out herein, the Landlord shall let and the Tenant shall take the
Premises together with the Furniture, Fixtures and Fittings, and Electrical
Appliances, if any, for the Term on the additional terms and conditions as set
out in the Third Schedule. Should there be any conflicts or inconsistencies
between the terms and conditions in the Third Schedule and those in Part 2 of
this Agreement, the terms and conditions in Part 2 of this Agreement shall
prevail over the terms and conditions in the Third Schedule.

Part 5 Others

14./15./16.* (delete whichever is not applicable) All the schedules to this

Agreement form part of this Agreement.

15./16./17.* (delete whichever is not applicable) Each and every part of a

clause or sub-clause in this Agreement (save and except otherwise specified)
shall be construed as an independent and severable part of this Agreement. In
the event that any part of a clause or sub-clause is found to be illegal, invalid or
unenforceable, such part thereof shall be severed from this Agreement and of
no effect. Such severance shall not affect the validity and enforceability of the
other part of the clause or sub-clause and any other parts of this Agreement
whatsoever.
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16./17./18. * (delete whichever is not applicable) The Landlord and the

Tenant agree that this Agreement shall be governed by and construed in
accordance with the laws of Hong Kong.
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THE FIRST SCHEDULE (Page 1 of 2)

Part 1
The Landlord:
Name in English: __________________________

Name in Chinese: __________________________

Hong Kong Identity Card / Passport* Number (* delete

whichever is not applicable):
________________________________

The Landlord’s
Address:

The Landlord’s
Contact Number:

The Tenant:
Name in English: __________________________

Name in Chinese: __________________________

Hong Kong Identity Card / Passport* Number (* delete

whichever is not applicable):
________________________________

The Tenant’s
Contact Number:

Part 2
Address of The
Premises:

Part 3
The Term: Subject to section 120AAZA of the Landlord and Tenant
(Consolidation) Ordinance (Cap. 7), a period of two (2) years
commencing from DD/MM/YYYY and expiring on
DD/MM/YYYY (both days inclusive)
6
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THE FIRST SCHEDULE (Page 2 of 2)

Part 4
The Rent: HK$ _________ per month / (specify any other period if appropriate)
Note 7

The rent is inclusive of –

[ ]* Management fees
[ ]* Rates
[ ]* Government rent
[ ]* Water charges
[ ]* Electricity charges
[ ]* Gas charges
[ ]* Charges for communication services –
[ ]* Charges for telephone (other than a mobile
[ ]* telephone)
[ ]* Charges for the Internet
[ ]* Charges for cable television
Charges for satellite television
[ ]* Others (please specify):
_______________________________________________________
_______________________________________________________
_______________________________________________________
(* if applicable, please tick)

Part 5
Day for on the ____ day of each and every calendar month / (specify any
Payment of other period if appropriate) during the Term
Rent: Note 8
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THE SECOND SCHEDULE

The Furniture, Fixtures and Fittings, and Electrical Appliances provided by the
Landlord in the Premises as referred to in clause 1 of this Agreement are:

[Please specify]
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THE THIRD SCHEDULE

(omit if not applicable)

The additional terms and conditions as referred to in clause 14/15* (delete

whichever is not applicable) of this Agreement are set out below Note 9:

[Please specify]

(For example, if the Landlord and the Tenant agree that the Tenant shall pay
for, as a separate payment from rent, the reimbursement of the charges for any
of the “specified utilities and services” for the Premises which are not
independently billed by the relevant authorities or service providers, the
parties may consider including a provision along the line of the following -

__. (a) The Tenant shall pay for the reimbursement of the charges for the
following utilities and services for the Premises in accordance with
this clause:
[ ]*water services
[ ]*electricity services
[ ]*gas services
[ ]*communication services –
[ ]*services enabling a telephone (other than a mobile telephone)
to be used
[ ]*services enabling the Internet to be used
[ ]*services enabling a cable television to be used
[ ]*services enabling a satellite television to be used.
(* tick whichever is applicable)

(b) The Landlord shall prepare an account in writing showing how

the amounts under the relevant bills covering the charges mentioned
in sub-clause (a) are apportioned for the different parts (of which the
Premises is one) forming the premises to which the bills relate
according to the following methods -

[set out the respective apportionment methods of the relevant

charges].

(c) Provided that the Landlord has produced to the Tenant copies of
the bills mentioned in sub-clause (b) and provided to the Tenant an
account in writing showing the apportionment of the amounts under
the bills in accordance with sub-clause (b), the Tenant shall pay to the
Landlord the apportioned amount for the Premises as shown in the
aforesaid account within ________days after the Landlord has
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produced such copy of the bill and provided such account in writing
to the Tenant.)
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IN WITNESS whereof the parties hereto have executed this

Agreement the day and year first above written.

Signed by the Landlord in the )

presence of: ) ______________________________
Landlord’s signature

___________________________ ______________________________
_
Witness’ name and address Witness’ signature

Signed by the Tenant in the )

presence of: ) ______________________________
Tenant’s signature

___________________________ ______________________________
_
Witness’ name and address Witness’ signature
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Notes to the Template for Tenancy Agreement

for a Regulated Tenancy to which Part IVA
of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) applies

Note 1

 A tenancy to which Part IVA of the Landlord and Tenant (Consolidation)

Ordinance (Cap. 7) (the “Ordinance”) applies is a regulated tenancy (section
120AA(1) of the Ordinance).

 According to section 120AAB of the Ordinance, Part IVA of the Ordinance

applies to a tenancy –
(a) that commences on or after the material date, i.e. the commencement date
of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 2021
(22 January 2022) (*please see further elaboration below);
(b) that is a domestic tenancy;
(c) the subject premises of which are a subdivided unit;
(d) the tenant of which is a natural person;
(e) the purpose of which is for the tenant’s own dwelling; and
(f) that is not a tenancy specified in Schedule 6 to the Ordinance.

(*According to section 120AAQ(4) of the Ordinance, where a landlord and a

tenant enter into a domestic tenancy for a subdivided unit, the tenant is a natural
person, the purpose of the tenancy is for the tenant’s own dwelling, and the
tenancy is other than a regulated tenancy of the second term (second term
tenancy) of a regulated cycle of tenancies, if -
(a) the tenancy is a periodic tenancy commencing before and existing on the
material date, i.e. the commencement date of the Landlord and Tenant
(Consolidation) (Amendment) Ordinance 2021 (22 January 2022); and
(b) a period of the tenancy either –
(i) commences on the material date (22 January 2022); or
(ii) straddles the material date (22 January 2022),
the tenancy is taken to be a regulated tenancy of the first term (first term
tenancy).

According to section 120AAQ(5) of the Ordinance, the term of such tenancy is

taken to be 2 years commencing on (i) where a period of the tenancy commences
on the material date, the material date; or (ii) in other cases, the date
immediately after the expiry of the period that straddles the material date.)

Note 2

 A regulated cycle of tenancies for a subdivided unit is to comprise 2 consecutive

regulated tenancies for the subdivided unit, i.e. the first term tenancy and second
term tenancy (section 120AAO of the Ordinance).

 Pursuant to section 120AAZ of the Ordinance, if the landlord and tenant of a

subdivided unit have entered into a tenancy orally for a first term tenancy, and
the first term tenancy has commenced, the tenant may in writing demand the
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landlord to, within 30 days (specified period), serve on the tenant a tenancy in
writing (tenancy agreement) reflecting the contents of the oral tenancy for
signing by the parties, failing which the tenant may elect either (a) to withhold
the payment of rent until the landlord has done so; or (b) to terminate the tenancy
by, within 7 days after the specified period, giving the landlord not less than 30
days’ prior notice in writing of the termination.

 Under section 120AAS of the Ordinance, a landlord of a first term tenancy for a
subdivided unit must, within the offer period ＃ , make a second term offer to the
tenant for a second term tenancy of the regulated cycle for the subdivided unit by
way of Form AR1. The landlord must state the proposed amount of rent for the
second term tenancy※ in Form AR1, and sign the Form. In accordance with
section 120AAU of the Ordinance, if the tenant accepts the second term offer,
the tenant must notify the landlord of the tenant’s acceptance in the Form AR1
containing the offer by signing the aforesaid Form and serving it on the landlord
before the expiry of the first term tenancy.

 For the purposes of Part IVA of the Ordinance, “tenancy agreement” means a
tenancy, or an agreement for a tenancy, in writing for a regulated tenancy,
including a Form AR1 signed by the landlord and tenant for a second term
tenancy.

( ＃ Offer period, in relation to a second term offer, means the period of the
second calendar month immediately before the calendar month in which the
purported second term tenancy commences. For example, if the second term
tenancy is to commence on any date in February 2024, the relevant offer period
is the entire month of December 2023.
※
The maximum percentage for an increase of rent for the second term tenancy
must not exceed the rate of change of the territory-wide rental index for all
classes of private domestic properties compiled and published by the Rating and
Valuation Department in the relevant period, and is capped at 10% (section
120AAZE of the Ordinance).)

Note 3

 It should be noted that according to section 120AAZF(1) of the Ordinance, the

provisions in Schedule 7 to the Ordinance are to be impliedly incorporated into
every regulated tenancy. The mandatory terms in Part 2 of this template for
tenancy agreement are adopted from the provisions in Schedule 7 to the
Ordinance, and hence cannot be altered or excluded by the parties from their
tenancy agreement.

Note 4

 Pursuant to section 120AAZI of the Ordinance, a landlord of a regulated tenancy

for a subdivided unit may not terminate the tenancy before the expiry of the term
despite any provision of the tenancy that purports to do so, except under the
circumstances specified in section 120AAZI(2), which include the landlord’s
 14

enforcing a right of re-entry or forfeiture in accordance with Part 4 of Schedule 7

to the Ordinance impliedly incorporated into the tenancy under section
120AAZF (see the mandatory terms as set out in clauses 8 to 13 in Part 2 of this
template for tenancy agreement).

 Section 120AAZI(3) of the Ordinance further provides that any condition for
forfeiture (other than those set out in Part 4 of Schedule 7 to the Ordinance,
i.e. clauses 8 to 13 in Part 2 of this template for tenancy agreement)
provided in a regulated tenancy is void and has no effect.

 It should also be noted that the Landlord’s right of re-entry or forfeiture under
this Agreement is subject to the relevant provisions in section 58 of the
Conveyancing and Property Ordinance (Cap. 219). For details, please refer
to section 120AAZI(4) of the Ordinance.

Note 5

 According to section 120AAZH of the Ordinance, a tenant of a regulated tenancy

for a subdivided unit may terminate the tenancy before the expiry of the term by
giving the landlord prior notice in writing (termination notice) and the tenancy is
to be terminated on the date specified in the termination notice (date of
termination), but a termination notice must not be given less than 30 days before
the date of termination and that the date of termination must not be a date earlier
than the last day of the first year of the term. The tenant must, on or before the
date of termination, deliver vacant possession of the subdivided unit to the
landlord and settle all outstanding money payable to the landlord under the
tenancy.

 Section 120AAZH of the Ordinance does not limit any rights of the tenant to
terminate the tenancy by notice under the tenancy.

Note 6

 A landlord and a tenant of a regulated tenancy for a subdivided unit may agree
on additional terms and conditions for the tenancy other than those set out in this
template for tenancy agreement, but such additional terms and conditions must
not be in conflict or inconsistent with the mandatory terms in Part 2 of this
template for tenancy agreement and the statutory provisions in Part IVA of
the Ordinance.

 It should be noted that pursuant to section 120AAZF(2) of the Ordinance, the

provisions in Schedule 7 to the Ordinance incorporated into a regulated tenancy
(incorporated provisions) because of section 120AAZF, i.e. the mandatory terms
in Part 2 of this template for tenancy agreement, (a) bind the landlord and tenant
of the tenancy; and (b) prevail over any other provision of the tenancy that is
in conflict and inconsistent with the incorporated provisions to the extent of
the conflict or inconsistency.

Note 7
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 According to section 120AAZL(1) of the Ordinance, a landlord of a regulated

tenancy commits an offence if the landlord requires the tenant to pay, or the
landlord otherwise receives from the tenant, any money in relation to the tenancy
other than those four types of payment specified therein. Those four types of
payment are –

(a) rents payable by a tenant under a regulated tenancy as permitted under

Part IVA of the Ordinance;
(b) rental deposits payable by a tenant under a regulated tenancy as
permitted under section 120AAZC of the Ordinance;
(c) reimbursement of charges for any of the “specified utilities and
services” (see Note 9) payable by a tenant under a regulated tenancy;
(d) damages for a breach of the tenancy by a tenant of a regulated
tenancy.

Note 8

 Under section 120AAZN of the Ordinance, a landlord of a regulated tenancy

must give a receipt to the tenant for the amount of rent paid by the tenant to
the landlord within 7 days after receiving the amount, and the landlord must
specify in the receipt (a) the name and address of the landlord; (b) the period for
which the rent is paid; and (c) the date of payment. If the landlord fails to
comply with the aforesaid requirement(s), the landlord commits an offence.

Note 9

 A landlord and a tenant of a regulated tenancy may agree on additional terms and
conditions for the tenancy other than those set out in this template for tenancy
agreement, but such additional terms and conditions must not be in conflict or
inconsistent with the mandatory terms in Part 2 of this template for tenancy
agreement and the statutory provisions in Part IVA of the Ordinance. Such
additional terms and conditions may provide for, for example, the following
matters, and any other matters as the landlord and the tenant consider appropriate
in their case –

 Charges for specified utilities and services

 According to section 120AAZL(1) of the Ordinance, a landlord of a

regulated tenancy commits an offence if the landlord requires the tenant
to pay, or the landlord otherwise receives from the tenant, any money in
relation to the tenancy other than those four types of payment specified
therein, one type of which is reimbursement of charges for any of the
“specified utilities and services” payable by the tenant under the
tenancy.

 As defined in section 120AA(1) of the Ordinance, “specified utilities and

services” means water, electricity, gas and communication services,
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whereas “communication services” means services enabling any of the

following to be used –
(a) a telephone other than a mobile telephone;
(b) the Internet;
(c) a cable television;
(d) a satellite television.
 According to section 120AAZM of the Ordinance, where the charges for
any of the specified utilities and services (i.e. water, electricity, gas and
communication services) for a subdivided unit incurred by a tenant of a
regulated tenancy for the subdivided unit are not independently billed by
the relevant authorities or service providers, the landlord of the regulated
tenancy commits an offence if the landlord requires the tenant to pay for,
or the landlord otherwise receives from the tenant, the reimbursement of
the charges as a separate payment from rent unless –

(a) the landlord is the payer named in the bills covering the
charges;
(b) copies of the bills are produced by the landlord to the tenant
when the landlord requires payment; and
(c) the landlord has provided an account in writing to the tenant
showing –
(i) how the amounts under the bills (billed amounts) are
apportioned for the different parts (of which the subdivided unit
is one) forming the premises to which the bills relate; and
(ii) that the aggregate of the apportioned amounts does
not exceed the billed amounts.

 Also, the landlord commits an offence if the landlord requires the tenant
to pay for, or the landlord otherwise receives from the tenant, the
reimbursement of the charges for any of the specified utilities and services
for the subdivided unit at a sum exceeding the apportioned amount for
the subdivided unit as shown in the account mentioned above.

 If the Landlord and the Tenant agree that the Tenant shall pay for, as a
separate payment from rent, the reimbursement of the charges for any of
the specified utilities and services for the Premises which are not
independently billed by the relevant authorities or service providers, the
parties may consider including the provision as set out in the Third
Schedule of this template for tenancy agreement.

 Rental deposit

 Please note that pursuant to section 120AAZC of the Ordinance, if a

tenant of a regulated tenancy for a subdivided unit is required to pay to the
landlord a rental deposit (which is defined in section 120AA(1) of the
Ordinance to mean “money intended to be held by the landlord as security
for (a) the performance of any obligations of the tenant; or (b) the
discharge of any liability of the tenant” under a tenancy) for the tenancy,
despite any provision of the tenancy, the rental deposit payable by the
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tenant may not be more than 2 months’ rent under the tenancy. If a
provision of the tenancy requires the tenant to pay a rental deposit of more
than 2 months’ rent, the provision is taken to be requiring the tenant to pay
a rental deposit equal to 2 months’ rent only.

 2 months’ rent, in relation to a tenancy, means 2 times the amount of the

monthly rent payable at the commencement of the tenancy (section
120AAZC(6) of the Ordinance).
 According to section 120AAZL(1) of the Ordinance, a landlord of a
regulated tenancy commits an offence if the landlord requires the tenant
to pay, or the landlord otherwise receives from the tenant, any money in
relation to the tenancy other than those four types of payment specified
therein, one type of which is rental deposits payable by a tenant under
a regulated tenancy as permitted under section 120AAZC of the
Ordinance.

 Further, it should be noted that under section 120AAZC(4) of the

Ordinance, despite any provision of the tenancy, the rental deposit paid by
the tenant, if any, is to be retained by the landlord during the term of
the tenancy and is, subject to section 120AAZC(5), to be returned to the
tenant free of interest no later than the time specified in section
120AAZC(4).

 According to section 120AAZC(5) of the Ordinance, the landlord may

deduct from the rental deposit the amount of any arrears of rent, or costs,
expenses, losses or damages sustained by the landlord as a result of any
breach of the tenancy by the tenant.

 If the Landlord and the Tenant agree that the Tenant shall pay a rental
deposit to the Landlord, the parties may consider including a provision
along the line of the following -

“(a) As security for the performance of the obligations of the Tenant and
the discharge of the Tenant’s liability under this Agreement, the Tenant
shall pay a sum of HK$_______ (“rental deposit”) to the Landlord on [the
signing of this Agreement / (specify any other date if appropriate)].

(b) The rental deposit paid by the Tenant is to be retained by the Landlord
during the Term and is, subject to sub-clause (c) below, to be returned to
the Tenant free of interest no later than the time specified in section
120AAZC(4) of the Landlord and Tenant (Consolidation) Ordinance (Cap.
7).

(c) The Landlord may deduct from the rental deposit the amount of any
arrears of rent, or costs, expenses, losses or damages sustained by the
Landlord as a result of any breach of this Agreement by the Tenant.”.

 Service of notices or documents

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 The parties may consider setting out the agreed means by which they may
send or serve notices or documents under this Agreement to each other.
For example, the parties may consider including a provision along the line
of the following -

“(a) Any notice or document to be served on or sent to the Tenant under

this Agreement may be served or sent by ________________.
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(b) Any notice or document to be served on or sent to the Landlord under

this Agreement may be served or sent by ________________.”.

Transport and Housing Bureau

December 2021