Tenancy Agreement Registration Hong Kong

A rental agreement must be stamped within 30 days of performance. You can affix a rental agreement on the Internet, by mail or in person at the stamp office of the tax office. Landlords and tenants are subject to stamp tax. Subject to individual agreement, the payment of stamp duty is generally divided between the lessor and the tenant. According to the cadastre regulations, a lease with a duration of more than three years must be registered with the cadastre within one month of execution. Other leases, including those with the possibility of renewing the existing lease, may also be notified. Please note that a rental agreement must be affixed before being registered with the land registry and, if necessary, admitted as evidence in court. Therefore, a document that has a rental agreement with a duration of more than 3 years (i.e. a rental agreement), under penalty of being undone by the lessor`s beneficiaries (e..B g. buyers or new tenants) and loses its priority over other registered documents concerning the same property.

In this case, the existing tenant can be distributed. However, if a rental agreement provides for the possibility of extending the existing lease, it should be registered, even if the duration of the lease does not exceed 3 years. An extension gives the tenant the right to continue renting the property after the expiry of the current term, i.e. to renew the existing lease. Since this renewal option constitutes a legal interest for the land and undermines the principles of termination and priority, the corresponding lease should be registered.