Once you have found a home and agreed on the rent, the next step is signing the tenancy agreement. Beyond the monthly rent, repair responsibilities, early termination and deposit refunds can affect your costs and plans throughout the tenancy.
This checklist focuses on ordinary private residential tenancies. Regulated subdivided unit tenancies have separate statutory requirements, so general tenancy arrangements cannot simply be applied to them.
Where can you download a Hong Kong tenancy agreement template?
The University of Hong Kong's Community Legal Information Centre provides Chinese and English residential tenancy agreement templates and guidance.
Use the template as a starting point. Fill in the agreed dates, amounts and responsibilities, and deal with clauses that do not apply. A template does not mean every clause suits your circumstances.
1. Check the landlord's identity and what is included
Check both parties' names and the property's complete address, including the block, floor and flat number. A Land Registry search can help you verify ownership before signing. If a representative signs for the landlord, confirm their authority. CLIC tenancy guidance
List any furniture, appliances or parking space included in the tenancy. This helps prevent items seen during the viewing from being excluded at handover.
2. Understand the fixed term and break clause
In Hong Kong, people often describe a tenancy as having a fixed period followed by a period when early termination is allowed under specified conditions.
A two-year agreement does not automatically give you the right to leave after one year. Read the actual break clause and check:
- Whether the landlord, tenant or both can exercise it.
- The earliest permitted termination date.
- The notice period and required method of service.
- Whether payment in lieu of notice is allowed.
Base your plans on the agreed wording rather than what is considered customary. CLIC guidance on tenancy terms and termination
3. Check what the rent covers
Record the monthly rent, payment date, payment method and payee details. Specify who pays management fees, rates, government rent and utilities.
If there is a rent-free period, distinguish the handover date, tenancy commencement date and date rent becomes payable. Check whether other charges remain payable during that period.
Put arrangements such as management fees being included in the rent into the agreement.
4. Agree on deposit deductions and refunds
Alongside the deposit amount, agree on permitted deductions, refund conditions and timing, including whether handover and utility bill settlement must be completed first.
Clarify:
- Which damage or unpaid amounts may be deducted.
- How deductions will be itemised and supported by receipts.
- When and how the balance will be returned.
If the wording only says the deposit will be returned to the landlord's satisfaction, ask for clearer handover standards.
5. Clarify repair responsibilities
Repair responsibilities depend on the agreement and applicable law. Do not assume that every repair is the landlord's responsibility simply because they supplied the appliance.
Specify who handles repairs and replacements for air conditioners, refrigerators, water heaters and pipes, and how problems should be reported. Distinguish normal wear and tear from damage caused by misuse. CLIC guidance on repairs and maintenance
6. Check restrictions on pets, occupants and alterations
If you have pets, plan to share with friends or want to drill holes for shelving, confirm permission before signing and whether written consent is required.
Review restrictions on subletting, additional occupants and use of the property, as well as arrangements for landlord access. Also check the building's deed of mutual covenant and management rules for pet and alteration restrictions. Estate Agents Authority examples of tenancy clauses
7. Record the property's condition and agreed work
If the landlord promises to replace an air conditioner, repaint or remove furniture before you move in, record the work and completion dates in the agreement or an appendix confirmed by both parties.
At handover, photograph the walls, floors, kitchen, bathroom and appliances. Record existing defects, check the inventory and key count, and note utility meter readings. Follow the agreed cleaning, reinstatement and key return requirements when leaving.
A provisional tenancy agreement can also be legally binding. Check the terms before signing it, rather than waiting for the formal agreement. Complete all blanks, check that appendices match the main agreement, and keep full copies and payment records. CLIC guidance on provisional agreements
Pay your deposit and advance rent by credit card
The deposit and advance rent can be a substantial upfront expense when signing a tenancy agreement. Alongside monthly rent, you can pay these upfront costs by credit card through RentSmart, giving you the opportunity to earn credit card cashback or miles on your initial rental expenses.
