Hong Kong Tenancy Agreement Termination

by admin on December 10, 2020

A limited right to use real estate may be justified by a facilitation agreement. Relief is generally created to ensure access to real estate by adjacent properties of a third party. Under the usual circumstances, both the landlord and the tenant cannot terminate the tenancy agreement before the expiry, unless one of them has breached the essential terms of the contract (for example.B. the tenant does not pay rent or the landlord illegally returns to the property). Early termination may, however, be possible with the existence of a valid break clause (see more in properties arrangements > the landlord and tenant > of the extension issues. Hotel rents are similar to office rentals and often contain detailed arrangements on property management. In the case of international franchise management, a separate management agreement, involving a separate hotel management company, is dealt with. When licensing, landowners must ensure that they do not accidentally grant a lease. The courts will not check whether the document is called a lease or licence agreement, but rather examine the content of the agreement to determine whether it is a lease or a licence. 1. Lease agreements subject to the general provisions of the Belgian Civil Code give a tenancy agreement the right to own and use the property for a period agreed in return.

The tenant has the right to use the property within the limits set by law and the tenancy agreement. With respect to office rents, annexes and the provision of space, repair and maintenance, the allocation of service charges and reasons for termination are generally regulated in great detail. The most important questions for a commercial tenant are whether, in the event of an outbreak, a tenant can use it as a reason to terminate the lease prematurely or ask for a rent reduction until the situation improves. This article will focus on the application of force majeure clauses and the doctrine of frustration with the possible early termination of leases and rent reductions. In general, there is only one type of lease, the business leasing agreement. This issue is governed by the law of obligations. In particular, the rental of commercial premises and commercial buildings is subject to the Commercial Building and Commercial Leasing Act, which is in force in both Republika Srpska and Bosnia and Herzegovina. In one case related to the 2009 SARS outbreak, Li Ching Wing v Xuan Yi Xiong [2014] 1 HKLRD 761, the court refuted the tenant`s claim that a two-year fixed-term lease was frustrated by the Department of Health`s obtaining the segregation order and that the premises could not be inhabited for 10 days. The Tribunal found that a 10-day delay in the total use of the lease was insignificant and, while the occurrence of SARS may be an unpredictable event, it does not “significantly alter the nature of the outstanding contractual rights or obligations” of the parties. When it comes to renting a home, it is important to know your rights and obligations as a tenant.

There are also things you need to be careful about when looking for real estate and before entering into a lease. Here are some tips for you. In this context, Time Rich 08 Ltd/DBE (HK) Ltd [2018] HKCA 404 stated that the teaching of frustration must be so damaged that it is not just a matter of decay and a need for redress.

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