If the tenant pays the rent on time but commits a serious breach of the tenancy agreement (for example. B subletting, carrying out illegal activities, harassment, installation of illegal structures or coercive measures of registered landlords), the lessor may terminate the lease and find another replacement tenant. In practice and according to the bargaining capacity of the parties, it will also be normal for a tenant to be responsible for many difficult tasks, including, to some extent, the performance of repair and maintenance work. Such a clause may be unfair at first glance, but in reality it is entirely appropriate, because the tenant has the right, during the term of the lease, to occupy and trade permanently with the property. It goes without saying that a tenant would be able to identify defects and make necessary repairs. However, the deposit paid by the tenant deserves special attention. According to a judgment issued by the Hong Kong Council of Applicants before 1 July 1996, the contract for the return of the deposit to a tenant by a lessor is a personal promise and therefore can only be implemented against the landlord in person and not against the new owner. Therefore, unless there are other agreements or agreements, the new owner cannot be held responsible for the deposit paid to the former owner. The tenant must ensure that a fresh deposit is paid to the new owner after the return of the same by the previous owner. Stamp duty levied on a rental document and its equivalent depends on the rent to be paid or the annual or average annual rent. A rent-free period therefore reduces the basis on which stamp duty is calculated. The following examples illustrate the impact of free time on stamp duty payable. The landlord who wishes to terminate the tenancy agreement for this reason is also required to inform the tenant in writing by the indication of the infringement and to repair the violation (or compensation) by the tenant before the termination (or compensation).
It should also be noted that a licence does not confer interest on the land, as it is not subject to stamp duty. However, it would be unnecessary to label a document as a license for the sole purpose of avoiding stamp duty. Whether a document creates a lease or licence does not depend on the name of the document or any other label indicated by the parties, but on the actual nature of the rights and obligations, as the agreement demonstrates. An important factor in distinguishing between a rental agreement and a license is whether the user has the property exclusively. Subject to different facts from one case to another, the law generally accepts that the granting of exclusive employment (the user may occupy the property exclusively and privately) creates a lease agreement for a period of time for periodic payments. Answer 5: A well-written tenancy document will contain a clause that the lessor agrees to grant the tenant the silent enjoyment of the property. In this context, silent enjoyment is not only about the absence of noise, but also about the owner`s freedom of interruption. Even if the rental document does not contain such a clause, the tenant`s right to silent enjoyment is legally implied. Therefore, unless the tenant expressly provides that the tenant must allow a potential buyer to visit or inspect the property (usually at some point before the rental date), the tenant is entitled to reject the landlord`s request for visitation or inspection.