all terms and conditions on this sample document … · all terms and conditions on this sample...
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All terms and conditions on this sample document are subject to change by the Government without prior notice.
(HKSARG_TA)_Version 03.12.2010
AN AGREEMENT made this day of
BETWEEN The Government of the Hong
Kong Special Administrative Region care of the Government Property Administrator,
Government Property Agency, 31st Floor, Revenue Tower, No.5 Gloucester Road, Wanchai,
Hong Kong (hereinafter called "the Landlord") of the one part and <Tenant Name>
(hereinafter called "the Tenant") of the other part whose address is situated at <Tenant
Address>.
WHEREBY IT IS MUTUALLY AGREED AS FOLLOWS :
1. The Landlord shall let and the Tenant shall take All That portion of the messuage
and premises situate at <Premises Street> (hereinafter referred to as “the said
Building”) which said portion consists of All That Flat <No.> on the <No.>
Floor and Carparking Space No. <No.> (hereinafter called “the said Premises”)
Together with the use in common with the Landlord and any other tenants or
occupiers of the said Building of the entrances staircases landings passages lift
lobbies walkway and all other common areas (hereinafter called "the Common
Areas") so far as the same are necessary to the enjoyment of the said Premises
and of the lifts whenever the same shall be operating and also subject to the
House Rules from time to time in force for the term of TWO years commencing
on the <No.> Day of <Date> ( Commencement Date ) and expiring on the <No.>
Day of <Date> at the calendar monthly rent of Hong Kong Dollars <Amount>
Thousand Only (HK$ <Amount>) payable monthly in advance on the first day
of each and every calendar month throughout the term clear of all deductions
whatsoever and exclusive of rates and other charges. Notwithstanding the above,
it is hereby agreed that no rent is payable for the period commencing on <Date>
to <Date> both days inclusive (“the Rent-Free Period”) provided that the tenant
shall pay all outgoings including but not limited to rates, management fees,
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electricity, gas, water and any other utilities consumed in the said Premises
during the Rent-Free Period.
2. THE TENANT HEREBY AGREES WITH THE LANDLORD as follows:-
(a) To pay the rent hereby reserved monthly in advance to the Landlord in Hong
Kong Currency on the days aforesaid.
(b) To pay and discharge punctually during the said term all charges for
electricity water gas telephone rental and other outgoings from the
Commencement Date or at any time hereafter consumed by the Tenant and
chargeable in respect of the said Premises and to pay all necessary deposits
required by the relevant utility companies or the Landlord's Managing Agent
for the same.
(c) To accept the said Premises in such state and condition as existing on the
date on which possession of the said Premises is given.
(d) To pay and discharge punctually to the Landlord during the said term the
management fees being the monthly contribution towards the costs charges
and expenses for the maintenance management and security service of the
said Building (including the Common Facilities) chargeable in respect of the
said Premises. Such management fees shall be determined by the Landlord
or its Management Agent and shall be subject to revision from time to time
as the Landlord or its Management Agent shall determine.
(e) To pay and discharge punctually all rates taxes assessments duties charges
impositions and outgoings whatsoever from the Commencement Date or
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hereafter to be imposed or charged by the Government of the Hong Kong
Special Administrative Region or other lawful authority on the said
Premises or upon the owner or occupier in respect thereof (Government
Rent and Property Tax excepted) and in the event that the said Premises
have not yet been assessed to rates, pay to the Landlord provisional rates on
demand equivalent to 5% of the rent hereby reserved, and pay to the
Landlord or the relevant authority rates quarterly in advance upon
assessment of rates by the Rating and Valuation Department.
(f) To keep all the interior of the said Premises and the installations provided by
the Landlord (hereinafter referred to as the “Installations”) and Fixtures &
Fittings therein (which expression shall include those fixtures affixed to the
said Premises by the Landlord at the commencement of or during the term of
the tenancy hereby created) including but not limited to all doors windows
and electric wiring installations in good clean tenantable substantial and
proper repair and condition (fair wear and tear excepted) and to so maintain
the same throughout the term of the tenancy at the expense of the Tenant and
to deliver up the same to the Landlord at the expiration or sooner
determination of the term in the like condition. The Tenant particularly
agrees to replace all broken or damaged windows whether the same be
broken or damaged by the negligence of the Tenant or owing to
circumstances beyond the control of the Tenant.
(g) To take all reasonable precautions to protect the interior of the said Premises
from damage threatened by an approaching storm or typhoon.
(h) Not to remove the installations provided by the Landlord (hereinafter
referred to as "the Installations") or permit or suffer the same to be removed
(HKSARG_TA)_Version 03.12.2010
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from the said Premises except by the Landlord for the purpose of necessary
repairs or unless approval has been given by the Landlord in writing and to
deliver up the same to the Landlord at the expiration or sooner determination
of this Agreement.
(i) That if any damage is caused to the Landlord or to any other person
whomsoever directly or indirectly through the defective or damaged
condition of any part of the interior of the said Premises (including but not
limited to doors windows electric wiring installations) and the Landlord's
Fixtures therein then the Tenant shall be wholly responsible therefor and
shall make good the same by payment or otherwise and shall fully indemnify
the Landlord and its Managing Agent against all claims demands actions and
legal proceedings whatsoever made upon the Landlord and/or its Managing
Agent by any person in respect thereof.
(j) Not to make or permit to be made any alterations in or additions to the said
Premises or cut maim or injure or suffer to be cut maimed or injured any
walls or timbers thereof or any trees plants and shrubs in the said Building
and the grounds adjoining thereto. The Tenant particularly agrees not to
paint or re-paint the interior or exterior woodwork of the said Premises
(including the doors door frames skirting boards and window boards)
without the prior approval of the Landlord.
(k) (i) To permit the employees or agents of the Landlord and its Managing
Agent with or without workmen or others and with or without
appliances at all reasonable times to enter upon the said Premises for
the following purposes :-
(1) to view the condition of the said Premises ;
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(2) to take or verify inventories of the Landlord's Fixtures in the said
Premises ; and
(3) to carry out all repairs or improvements to the said Premises or
the said Building which the Landlord and/or its Managing Agent
consider necessary or proper to be done.
(ii) The Landlord may give to the Tenant or leave upon the said Premises
notice in writing of all defects and wants of repair found in the said
Premises for which the Tenant is responsible and the Tenant shall
within fourteen days after delivery of every such notice well and
sufficiently repair and amend such defects and wants of repair
accordingly (such repair works shall only be carried out by a contractor
approved in writing by the Landlord or its Managing Agent).
(iii) In the event of the Tenant not complying with such notice in all
respects the Landlord and the Landlord's agents with or without
workmen or others and with or without appliances may enter upon the
said Premises to remedy all or part of such defects or wants of repair
and shall be entitled to charge the cost thereof to the Tenant which the
Tenant shall forthwith pay upon written demand.
(l) Not to assign underlet or otherwise part with the possession of the said
Premises or any part thereof either by way of subletting lending sharing or
other means whereby any person or persons not a party to this Agreement
obtains the use or possession of the said Premises or any part thereof
irrespective of whether any rental or other consideration is given for such
use or possession and in the event of any such transfer subletting sharing
assigning or parting with possession of the said Premises (whether for
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monetary consideration or not) this Agreement shall at the discretion of the
Landlord absolutely determine and the Tenant shall forthwith surrender the
said Premises to the Landlord whereupon Clause 4(a) hereof shall apply.
The prohibition stated in this clause shall not apply to the Tenant's employee
and his family and servants, provided that if such occupant shall cease to be
employed by the Tenant for any reason whatsoever during this Agreement,
the Tenant shall be responsible to ensure that the said Premises shall
thereupon be vacated by such occupant.
(m) Not to do or permit or suffer anything in or upon the said Premises or any
part thereof which may at any time be or become a nuisance or annoyance to
the tenants or occupiers of the said Building or neighboring premises or in
anywise be against the laws or regulations of Hong Kong.
(n) At all times to comply with the house rules and such house rules as the
Landlord and/or its Managing Agent may from time to time introduce as it
may deem necessary for the management and control of the said Building
and any alteration and/or amendment of such house rules. This Agreement
shall be in all respects subject to such house rules which when notified to the
Tenant in writing shall be deemed to be incorporated herein and the Tenant
shall ensure that all such rules are faithfully observed by the agents servants
visitors guests and licensees of the Tenant. The Landlord and/or its
Managing Agent shall not be responsible for or under any liability to the
Tenant for the non-observance or violation of such house rules by any other
tenant or person.
(o) Not to do or suffer any act which shall amount to a breach of the conditions
or a non-observance of any negative or restrictive covenant contained in the
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Government Lease or of the relevant Deed of Mutual Covenant (if any)
under which the said Premises are held.
(p) Not to keep or store or cause or permit or suffer to be kept or stored any
arms ammunition unlawful goods gun powder saltpeter kerosene or other
explosive or combustible substance on or in any part of the said Premises or
do or cause to be done or suffer or permit any act deed matter or thing
whatsoever in contravention of the terms or conditions under which the said
Premises are held from the Government or of the relevant Deed of Mutual
Covenant (if any).
(q) Not to use the said Premises or any part thereof for any illegal or immoral
purpose.
(r) Not to use the said Premises for any purpose other than private residential
purpose (excluding staff quarters unless the Premises are to be occupied as
one single family residence).
(s) Not to produce or suffer or permit to be produced at anytime in the said
Premises any music or noise (including sound produced by broadcasting
from television radio and any apparatus or instrument capable of producing
or reproducing music and sound) so as to constitute a nuisance or annoyance
or otherwise to give cause for reasonable complaint on the part of the
occupants or tenants of other portions of the said Building or of neighboring
premises or buildings.
(t) Not to use or permit to be used the passenger lifts of the said Building for
the purpose of carrying any furniture or goods or heavy articles without the
(HKSARG_TA)_Version 03.12.2010
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prior consent of the Landlord or its Managing Agent in writing and to
observe the regulations affecting the use of all lifts as indicated therein or
intimated by the Landlord its Managing Agent or its servants from time to
time.
(u) Not to do or cause or permit or suffer to be done anything which shall
increase the risk of the said Premises or other parts of the said Building to
fire explosion storm or tempest and to indemnify the Landlord against such
loss or damage which the Landlord may have suffered as a result of the
Tenant's act or default.
(v) Not to display affix or put up any signboard illuminated sign curtain
decorative blind screen or other thing whatsoever outside the said Premises
or the said Building or on any door wall balcony or window. The Landlord
shall have the right to remove at the cost and expense of the Tenant any
signboard illuminated sign curtain decorative blind screen or other thing
which shall be affixed displayed or put. The Tenant acknowledges that the
exterior walls of the said Building including the exterior walls of the said
Premises shall be the exclusive property of the Landlord.
(w) Not to encumber or obstruct or permit to be encumbered or be obstructed
with any boxes packaging or other obstruction of any kind or nature any of
the Common Areas lifts or other parts of the said Building in common use
and not to leave rubbish or any other article or thing in any part of the said
Building not in the exclusive occupation of the Tenant. In addition to any
other remedies which the Landlord may have hereunder the Landlord its
Managing Agent or their servants may without prior notice to the Tenant
remove such obstruction and dispose of the same as he/they may think fit
(HKSARG_TA)_Version 03.12.2010
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without incurring any liability therefor and the Tenant shall on demand pay
to the Landlord and/or its Managing Agent all costs and expenses incurred
thereby.
(x) To be wholly responsible for any loss damage or injury caused to any other
person whomsoever directly or indirectly through the defective or damaged
condition of any part of the interior of the said Premises and the contents
therein for which the Tenant is responsible hereunder and to make good the
same by payment or otherwise and to indemnify the Landlord and its
Managing Agent against all actions proceedings claims and demands made
upon the Landlord and/or its Managing Agent in respect of any such loss
damage or injury and all costs expenses incidental thereto.
(y) To surrender the said Premises the Landlord's Fixtures and the Installations
to the Landlord at the expiration of this Agreement. The Tenant
acknowledges that he shall not be entitled to any extension or renewal of this
Agreement at its expiration.
(z) At the expiration or sooner determination of this Agreement to deliver up to
the Landlord the said Premises and the Landlord's Fixtures in a state of good
repair and condition and to reinstate the said Premises to its original
condition (fair wear and tear excepted).
(za) In the event of the Tenant installing private air-conditioning units in the
Premises with the prior written consent of the Landlord, to comply with the
direction and instructions of the Landlord or its Managing Agent regarding
the type of unit and installation thereof and at his own expense be
responsible for their maintenance and repair in full and proper condition at
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all times and for replacement of defective wiring and be strictly liable for
any damage caused directly or indirectly by the installation operation
maintenance repair or removal of such units and be responsible for full and
sufficient reinstatement of the Premises at the expiration or sooner
determination of this Agreement to the Landlord's satisfaction unless
directed otherwise by the Landlord. The Tenant particularly agrees to make
adequate provision to ensure against the dripping of water condensation
from such air-conditioning units and to ensure that such condensation be
collected and discharged within the said Premises. Any damage to the fabric
of the Building resulting from a breach of this provision shall be made good
at the sole expense of the Tenant.
(zb) Not to overload the electrical wiring, cables or apparatus associated
therewith in or serving the said Premises and to comply in all respects with
all requirements and regulations of the utility authorities or the Landlord
with respect to the utilities.
3. THE LANDLORD AGREES WITH THE TENANT as follows :-
(a) That the Tenant paying the rent hereby reserved and performing and
observing the agreements by the Tenant hereinbefore contained may
peacefully hold and enjoy the said Premises during the said term without any
interruption by the Landlord or any person lawfully claiming through or in
trust for him.
(b) To maintain and keep the main structure and exterior walls of the said
Building and every part of such main structure and exterior walls in proper
and tenantable repair and condition PROVIDED that the Landlord's liability
hereunder shall not be deemed to have arisen unless and until written notice
(HKSARG_TA)_Version 03.12.2010
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of any want of repair of the same shall have been previously given by the
Tenant to the Landlord and the Landlord shall have failed to take steps to
repair the same after 14 days or such longer period of time as may be found
necessary by the Landlord and notify to the Tenant And Provided that the
Landlord shall not be required to repaint or whitewash any internal or
external part of the said Premises.
4. PROVIDED ALWAYS AND IT IS MUTUALLY AGREED as follows :-
(a) That if and whenever any part of the rent hereby reserved shall be in arrears
for fifteen days (whether the same shall have been formally demanded or not)
or if and whenever there shall be a breach of any of the agreements by the
Tenant hereinbefore contained or if the Tenant shall commit any act of
bankruptcy or go into liquidation or enter into any composition or
arrangement with his creditors or shall suffer execution to be levied upon
any of his goods or effects the Landlord shall upon the happening of any
such event be entitled to re-enter upon the said Premises or any part thereof
in the name of the whole and thereupon this Agreement shall absolutely
determine but without prejudice to any rights which may have accrued to the
Landlord by reason of any antecedent breach of any of the obligations on the
part of the Tenant hereinbefore contained AND the deposit paid hereunder
shall be forfeited to the Landlord as and for liquidated damages and not as
penalty but without prejudice to the Landlord's right to claim any further
damages which the Landlord shall have sustained or may sustain AND a
written notice by the Landlord served on the Tenant or left at the said
Premises to the effect that the Landlord thereby exercises the power of re-
entry shall be a full and sufficient exercise of such power without actual
entry on the part of the Landlord.
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(b) For the purpose of these presents any act default or omission of the agent
servant licensee visitor guest or employee of the Tenant shall be deemed to
be the act default or omission of the Tenant.
(c) On or before the signing of this Agreement the Tenant shall pay to the
Landlord the sum of HK$ <Amount> by way of deposit as security for the
due payment of the rent, management fees, rates, taxes, assessments and
duties payable by the Tenant and the due performance and observance of the
agreements, stipulations and conditions on the part of the Tenant herein
contained. At the expiration or sooner determination of this Agreement if the
Tenant shall have paid all rent, management fees, rates, taxes, assessments
and duties payable hereunder and shall have duly settled any outstanding
claims of the Landlord and its Managing Agent and if there shall be no
breach of any of the agreements on the Tenant’s part to be observed and
performed the Landlord will repay to the Tenant the said sum of
HK$<Amount> without any interest thereon within 30 working days,
excluding Saturdays, Sundays and public holidays, after the Tenant shall
have duly delivered to the Landlord vacant possession of the said Premises
but if there shall be any arrears of rent, management fees, rates, taxes,
assessments and duties or if there shall be any outstanding utility or other
charges in connection with the enjoyment of the said Premises the Landlord
may apply such deposit towards payment of such arrears of rent,
management fees, rates, taxes, assessments and duties or in settlement of
such outstanding utility or other charges and if there shall be any breach of
the said agreements, stipulations and conditions or any of them the Landlord
shall pay or apply the said deposit or such part thereof towards remedying
such breach (in so far as this may be possible) and shall only pay the balance
(if any) of the said deposit to the Tenant. and PROVIDED that nothing
(HKSARG_TA)_Version 03.12.2010
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herein contained shall be so constructed as preventing the Landlord from
recovering from the Tenant damages in respect of such default over and
above the deposit and PROVIDED FURTHER that the payment of the
deposit shall not be deemed or considered as a payment of rent or other
charges in advance and accordingly in any action for non-payment of rent,
management fees or the rates, taxes, assessments, duties and outgoings as
aforesaid the Tenant shall be deemed to be in default if the same are not paid
in accordance with the terms and conditions herein contained.
(d) The Tenant hereby expressly declares that he has paid no premium
construction fee key money or other sum of money of a similar nature to the
Landlord or other persons authorised by him for the possession of the said
Premises or for the granting of this Agreement.
(e) In the event of the said Premises or any part thereof at any time being
damaged or destroyed by fire water storm wind typhoon defective
construction white-ants earthquake subsidence of the ground or any other
cause (not attributable to the act or default of the Tenant) so as to be rendered
unfit for use and occupation or being declared unfit for use and occupation or
becoming subject to a closure order or is inaccessible due to any cause
whatsoever then the rent hereby stipulated or a fair proportion thereof
according to the nature and extent of the damage sustained shall be suspended
until the said Premises shall be again rendered fit for occupation and use And
the Landlord shall pay to the Tenant the amount of any such abatement in so
far as the rent shall have been paid in advance provided the amount of such
abatement shall be such sum as shall either be agreed between the parties in
writing or in the event of failure by the parties to reach agreement by a single
arbitrator in accordance with the provisions of the Arbitration Ordinance
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Chapter 341 of the Laws of Hong Kong or any statutory modification or re-
enactment thereof for the time being in force AND provided always that the
Landlord shall be under no obligation to reinstate the said Premises if by
reason of the condition of the said Premises or any local regulations or other
circumstances beyond the control of the Landlord it is not practicable or
reasonable so to do and provided that if the Landlord shall fail to reinstate the
said Premises within three months of receiving a written notice to reinstate
the same from the Tenant or if the said Premises are declared unfit for use and
occupation or shall remain subject to the said closure order or otherwise
remain uninhabitable for a period of three months the Landlord or the Tenant
may forthwith or within a reasonable time thereafter terminate this Agreement
without prejudice to the Landlord's rights and remedies against the Tenant in
respect of arrears of rent and any antecedent breach of the terms and
conditions herein by the Tenant.
(f) The Landlord shall not be under any liability to the Tenant or to any other
person whosoever in respect of any loss or damage to person or property
sustained by the Tenant or any such other person caused by or through or in
any way owing to the overflow of water or the escape of fumes smoke fire or
any other substance or thing from anywhere within the said Building. The
Tenant shall fully and effectually indemnify the Landlord and its Managing
Agent from and against all claims and demands made against the Landlord
and/or its Managing Agent by any person in respect of any loss damage or
injury caused by or through or in any way owing to the overflow of water or
the escape of fumes smoke fire or any other substance or thing from the said
Premises or to the negligence or default of the Tenant his servants agents or
licensees or to the defective or damaged condition of the interior of the said
Premises the Landlord's Fixtures the Installations or any fixtures or fittings
(HKSARG_TA)_Version 03.12.2010
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therein for the repair of which the Tenant is responsible hereunder and
against all costs and expenses incurred by the Landlord and/or its Managing
Agent in respect of any such claims or demands.
(g) That Part IV of the Landlord and Tenant (Consolidation) Ordinance Chapter
7 does not apply to this Agreement.
(h) Acceptance of rent by the Landlord shall not be deemed to operate as a
waiver by the Landlord of any right to proceed against the Tenant in respect
of any breach non-observance or non-performance by the Tenant of any of
the agreements stipulations and conditions herein contained and on the
Tenant's part to be observed and performed.
(i) The rent payable in respect of the said Premises shall be and be deemed to be
in arrears if not paid in advance at the time and in manner hereinbefore
provided for payment thereof. All costs and expenses of and incidental to the
demand for rent or distraint shall be paid by the Tenant and be recoverable
from the Tenant as a debt. Interest at the rate of 2% per annum above the
prevailing Best Lending Rate quoted by the Hong Kong and Shanghai
Banking Corporation Limited from time to time shall be charged on the rent,
rates and/or other moneys unpaid from the date due for payment to the date of
actual payment if the whole or any part of the rent, rates and/or other moneys
due under this Agreement shall remain unpaid fifteen days after they have
become due.
(j) Any notice under this Agreement shall be in writing and any notice to the
Tenant shall be sufficiently served if sent by post to the address of the said
Premises or left at any part of the said Premises or sent to its registered
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office by registered post or left at its last known business address in Hong
Kong and any notice to the Landlord shall be sufficiently served if sent by
registered post or left at the last known business address of the Government
Property Agency in Hong Kong.
(k) Each party shall bear its own solicitors' costs of and incidental to this
Agreement.
(l) The Tenant shall pay the adjudication fee and 50% of the stamp duty (if any)
chargeable.
(m) The Landlord and their agents accept no responsibility for any accident or
damage which may be caused to the Tenant or any occupier of the said
Premises or their servants agents visitors guests and licensees arising from
any defect in or operation of any lift in the said Building or from the use of
the Common Facilities or arising from accidents which take place in the
Common Areas of the said Building.
(n) The Landlord may at any time stop the supply of water or electricity to the
said Premises or any part thereof or the use of telephone for the purpose of
repairing or maintaining any part of the said Building or water pipes or water
tanks used in or about the said Building as may be reasonable in the interest
of the tenants of the said Building and shall not be responsible to the Tenant
for any loss or injury occasioned by such stoppage as aforesaid.
(o) In the event of fire typhoon or other contingencies or emergency which in
the opinion of the Landlord and/or its Managing Agent may cause or
threaten to cause damage or injury to the said Premises, the Landlord and/or
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its Managing Agent shall have the power in the absence of the Tenant to
break open any outer door or windows of the said Premises and to do such
other things as may be necessary to prevent the said Premises from being
damaged or injured and in such event the Landlord and/or its Managing
Agent shall not be answerable to the Tenant for any loss or damage which
the Tenant may sustain thereby.
(p) The Tenant hereby agrees that so long as the Landlord remains the owner of
the said Building or any part thereof the Landlord shall be in charge of the
management of the said Building who shall be at liberty to appoint any other
managing agent to manage the said Building at the Landlord's discretion.
(q) That in the event and so long as the Landlord remains the owner of the said
Building, the Landlord and/or its Management Agent shall keep the
Common Areas, Lifts and Common Facilities in a clean condition and in
working order ( where appropriate ). Otherwise the Common Areas, Lifts
and Common Facilities shall be managed by the Building Manager ( as
employed by the Owners’ Committee or the Owners Incorporation of the
said Building) in accordance with the relevant Deed of Mutual Covenant
under which the said Premises are held.
(r) It is hereby declared and agreed that at any time after the expiration of
twelve (12) months from the date of commencement of the tenancy, the
Tenant shall have the right to determine this Agreement provided:-
(i) not less than three (3) months’ prior written notice or payment in lieu of
notice shall be given to the Landlord by the Tenant. For the avoidance
of doubt, such notice or payment in lieu of notice shall not be given
prior to <Date>; that is a minimum lease term of fifteen (15) months is
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required before the Tenant may terminate the lease; and
(ii) at the time of giving such notice or making such payment in lieu of
notice, there shall be no rent due or owing and no existing breach or
non-observance of any of the covenants on the part of the Tenant herein
contained; and
(iii) such determination shall not prejudice the right of the Landlord in
respect of any antecedent breach on the part of the Tenant of any of the
terms herein contained.
(s) The Tenant acknowledges that once the written notice pursuant to Clause
4(r)(i) above has been served by the Tenant, no new tenancy or renewal of
tenancy agreement in respect of the said Premises will be granted by the
Landlord to the Tenant. The Tenant shall deliver vacant possession of the
said Premises to the Landlord in a state of good repair and condition and
properly reinstate the said Premises to its original condition (fair wear and
tear excepted) upon the expiration of the written notice. The Tenant shall
have no objection nor any claim for compensation whatsoever arising from
the Landlord’s refusal to grant or renew a tenancy in respect of the said
Premises.
(t) The Landlord shall have the right to early terminate this Agreement by
giving three (3) months’ prior written notice to the Tenant provided that
such notice shall not be served earlier than <Date>.
(u) The Tenant agrees not to hold the Landlord liable or responsible for any
annoyance, disturbance, nuisance, injury, loss or damage caused to or
suffered by the Tenant, his family, licensees, visitors or invitees by reason
of any renovation, refurbishment, decoration, improvement or other works
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(hereinafter referred to as "the Works") carried out to the said Building or
any part or parts thereof for whatever period of time by the authority of the
owners' incorporation or the owners' committee or the Manager of the said
Building, and no claims whatsoever for compensation, reduction in rent or
otherwise shall be made by the Tenant against the Landlord by reason
thereof. The Landlord does not warrant or guarantee that the Works or
any of them will not be commenced or carried out during the term of this
tenancy.
(v) The Tenant acknowledges that the Carparking Space No. <No.> shall not be
used for any purpose other than parking of one private car currently
licensed under the Road Traffic Ordinance (Cap. 374). Storage of goods
and/or chattels in the Carparking Space No. <No.> shall be strictly
prohibited and shall amount to a breach of this Agreement upon which the
Landlord shall be entitled to re-enter upon the said Premises and terminate
this Agreement.
(w) The Tenant agrees not to hold the Landlord liable or responsible for any
annoyance, disturbance, nuisance, injury, loss or damage caused to or
suffered by the Tenant, his family, licensees, visitors or invitees by reason
of any renovation, refurbishment, decoration, improvement or other works
(hereinafter referred to as "the Works") carried out to the said Building or
any part or parts thereof or nearby the said Building for whatever period of
time by the authority of the Landlord or the owners' incorporation or the
owners' committee or the Managing Agent of the said Building, and no
claims whatsoever for compensation, reduction in rent or otherwise shall be
made by the Tenant against the Landlord by reason thereof. The Tenant also
acknowledges that he is not entitled to terminate the tenancy earlier than
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that permitted under other clauses as provided in this Agreement due to the
presence of the Works. The Landlord does not warrant or guarantee that the
Works or any of them will not be commenced or carried out during the term
of this tenancy.
5. (a) Unless the context otherwise requires, words herein importing the
masculine gender shall include the feminine and neuter genders and words
herein importing the singular number shall include the plural number and
vice versa.
(b) This Agreement shall in all aspects be governed by and construed in
accordance with the laws of Hong Kong.
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IN WITNESS WHEREOF the hands of the parties the day and year first above written.
SIGNED By Ms LAM Man-yee, ) Eileen, the Chief Property Manager ) (Government Property Agency), ) for and on behalf of ) The Government of ) The Hong Kong Special ) Administrative Region )
) )
in the presence of :- ) SIGNED By The Tenant / ) Sealed with the Common Seal ) of the Tenant and signed by ) )
)
………………………………… ) ……………………………… (Name(s) in block letters) Signature and Company Seal
in the presence of :- ……………………………………… Signature
Name of Witness in block letters: Occupation : Address :
RECEIVED the day and year first ) above written from the Tenant the ) sum of HONG KONG DOLLARS ) $<Amount> being the deposit money) above expressed to be paid by the ) ………………………………… Tenant to the Landlord ) Signature
)
) ……………………………… Print Name
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Serial No:
DOMESTIC PREMISES
Dated the
__________________________________________________________________
The Government of The Hong Kong
Special Administrative Region
and
<Tenant Name>
Description of Domestic Premises
All That <Premises Address>
Tenant : Term : Two (2) years
Commencing : Expiring : Monthly Basic Rent : HK$
(exclusive of rates and other charges)