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Tenant's Rights
According to the Estate Agents Authority, while a tenancy agreement is meant to be a comprehensive document detailing the terms and conditions of a rental contract, tenants and landlords should be aware of some general rights and obligations that are implied in Hong Kong's common law.
These implied covenants automatically apply to tenancies in Hong Kong unless there are provisions to the contrary in the given tenancy agreement.
Tenant's Responsibilities
When you rent a property in Hong Kong, you are required to fulfill the following obligations unless your tenancy agreement states otherwise:
- Rent must be paid in advance of the due date
- Keeping the interior of the property in good repair
- The tenant is responsible for paying the rates
- No lasting alterations should be made to the property without the landlord's consent
- Use appliances with care
Landlord's Responsibilities
Renting is a two-way street. The tenant should be aware of the implied obligations of the landlord afforded by Hong Kong law, as they may not be specified in the tenancy agreement.
Under Hong Kong law, tenants are protected against eviction and dispossession of the property by the legal principle of "quiet enjoyment of the property" if they pay rents on time and fulfill their other obligations. If a landlord disconnects the supply of basic utilities to the property when it is occupied by the tenant, such act will be regarded as a breach of the quiet enjoyment principle.
A landlord is entitled to take action to evict the tenant if the tenant fails to pay rent or fulfill other obligations.
If a property is let with furniture, the landlord is required to ensure the property is in a fit condition for habitation at the beginning of the tenancy.
Source: Estate Agents Authority
