What is the explanation for renewing the contract between rooms?

It is important to pay attention to these two terms &; Conditions should be written in black and white and signed by both parties.

General leases are sold by bookstores. Buy it in duplicate Everyone, plus the appropriate existing terms.

There is a life and death agreement, please write it down in your place.

If you don't print it, you won't be able to testify for Carla if you have something to do in court at the first time.

(2) the formulation of the lease

The lease of residential property can be concluded in the form of oral or written lease or lease. The difference between lease and lease lies in the length of lease term and the form of conclusion. Leases of less than three years are generally concluded in the form of leases. The characteristic is that it only needs to be concluded in writing, and the signing procedure is relatively simple, and registration is not required. A contract of more than three years must be concluded in the form of a contract in accordance with Article 4 (1) of the Property Conveyancing and Property Ordinance (Chapter 2 19), and the signing procedures must conform to the procedures of the contract. According to article 3 of the Land Registration Ordinance (Chapter 125). 128), all leases must also be registered in the land registry.

1. Lease

For a lease relationship of no more than three years, a lease contract may be concluded in writing, which shall be signed by the owner and the lessee. If one party to the contract is a limited company established under the Companies Ordinance (Chapter 125). Article 32), the authorized person may sign the contract on behalf of the company. Generally speaking, the directors of a company have the right to sign a written agreement that is binding on the company, including the lease.

Step 2 lease

Like all agreements reached by contract, there are three ways to sign a lease: signature, seal and delivery.

A. Signing

If one party to the lease is an individual, the lease can be signed by himself or his authorized agent. If one party to the lease is a limited company, as the company seal (also known as steel seal) needs to be used at the same time, the way of signing the lease will be stipulated in its articles of association. There is usually a clause in the articles of association that lists who has the right to sign documents and affix the company seal on behalf of the company, so it is necessary to check the articles of association to determine who has the right to sign the lease on behalf of the company. Some companies' articles of association require a specified signing method, for example, the chairman or two directors must sign. Some companies' articles of association are more flexible, for example, they can be signed by one or more people authorized by the company's board of directors.

As for deeds executed by companies, section 20( 1) of the Conveyancing and Property Ordinance (Cap. 125). 2 19) stipulates that if the contract is sealed by the company and signed by one of the following groups, the contract shall be deemed to have been formally signed:

1. Two directors; or

Two. A director and company secretary; or

Three. A director and a permanent member.

B. Impact products

If one party to the lease is an individual, as long as the document description itself is a contract, or the document description has been stamped, or the document contains any mark intended or used to indicate the seal or the position of the seal, the document is deemed to have been stamped. If one party to the lease is a limited company, the company's seal must be affixed next to the signature of the person who signed on behalf of the company.

C. delivery

If one party confirms its acceptance of the contract by words or actions, the contract is deemed to have been "delivered".

stamp tax

According to the Stamp Duty Ordinance (Chapter 1 17), a written lease or lease is subject to stamp duty. Deeds or deeds without stamp duty cannot be registered in the Land Registry, nor can they be accepted as evidence by the courts (including the Lands Tribunal), thus losing the force of enforcement.

The amount of stamp duty depends on the current stamp duty rate, lease term and rent.

Lease stamp duty

(a) No more than 0.25% per year x monthly rent x months.

(b) 0.5%x annual average rent for more than one year but not more than three years.

(c) More than three years 1%x average annual rent.

example

The lease term is three years; The monthly rent for the first year is $65,438+00,000, the second year is $65,438+02,000, and the third year is $65,438+04,000. The average annual rent is calculated as follows:

($ 10，000x 12)+($ 12，000x 12)+($ 14，000x 12)=$ 144，000

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3========

As the lease term does not exceed three years, the stamp duty payable is 0.5% of the annual average rent. As the lease is in duplicate, when one of them has paid stamp duty, the other one only needs to pay 5 yuan. The calculation method of total stamp duty is as follows:

65438 USD +044000 x 0.5%+5 USD = 725 USD.

====

Generally speaking, the total stamp duty will be shared equally between the landlord and the tenant. For the above example, each party should pay $362.50.

In addition, if the lease stipulates that the tenant can enjoy the rent-free period (usually the renovation period of the tenant), the average annual rent will be reduced accordingly, and the stamp duty payable will also be reduced accordingly.

register

According to article 3 of the Land Registration Ordinance (Chapter 125). 128), all leases must be registered in the land registry. In fact, the lawyer who prepares the lease will submit the lease to the land registry for registration within one month after the landlord and tenant sign the lease, which can still ensure that the priority of the lease will take effect from the date of signing the lease. If the lease is registered more than one month after implementation, its priority can only take effect from the date of registration, but not from the date of implementation. Leases can also be registered in the land registry. If there is a renewal clause in the lease, it will usually be registered in the land registry to give the lessee the right to renew the lease before it expires.

Supplementary explanation:

5. Form CR 109

If the lease or the property involved in the lease is a residential property, that is, the property is mainly used by the tenant for residential purposes, the owner must submit the form CR 109 to the Rating and Valuation Department. Form CR 109 can be filled in by the owner or his representative, and contains the names of both parties who signed the lease or the lease, the lease term, the monthly rent, and who is responsible for paying the rates and management fees. Form CR 109 must be sent to Rating and Valuation Department in triplicate. Upon confirmation by the Commissioner of Rating and Valuation, one copy will be returned to the landlord and the other copy will be sent to the tenant.

Supplementary explanation:

Form CR 109 should be sent to the Rating and Valuation Department within one month after the lease is signed. If the form CR 109 is sent to the Rating and Valuation Department more than one month after the lease or lease is signed, the landlord will have to pay a fine of $3 10. Moreover, if the landlord fails to submit the form CR 109, he cannot recover the lease or the rent agreed to be paid by the tenant in the court or the Lands Tribunal. Therefore, it is very important for the landlord to send the form CR 109 to the Rating and Valuation Department.

6. The bank agrees

If the property has been mortgaged to a bank or other financial institution, the mortgage contract or legal charge usually contains a promise that the owner will not lease the property or any part of it. Therefore, if the owner rents the property without the consent of the mortgagee, the owner will violate the relevant provisions in the mortgage deed or legal charge, and the mortgagee has the right to recover the property.

Supplementary explanation:

After the landlord obtains the written consent of the bank, the tenant should carefully check the consent form and pay attention to whether there are any additional conditions in the consent form.

If the landlord does not agree to obtain the consent of the bank, the tenant should understand the risks he has to bear. If the mortgagee does not agree to lease, the mortgagee has the right to take legal action against the owner, forcing the owner to fulfill the clauses in the mortgage deed or legal charge prohibiting lease, so as to recover the property. In addition, if the mortgagee exercises his right to sell the property in the mortgage deed or legal charge because the owner fails to pay the monthly mortgage contribution, the mortgagee may apply to the court to order the tenant to move out of the property. The lessee must hand over the property to the concubine mortgagee within a short time.

Supplementary explanation:

(3) the contents of the lease

The lease contains the rights and responsibilities agreed by the landlord and tenant. However, according to the common law, although the lease does not clearly stipulate, some rights and responsibilities will still be implied in the lease. The general legal principle is that unless the lease contains explicit terms to the contrary, implied promises will automatically apply to the lease.

1. Owner's implied commitment

A. Tenants enjoy their property peacefully.

This commitment has two purposes:

Protecting tenants from eviction or loss of property ownership;

Two. Ensure that the tenants' right to enjoy the property normally during their stay will not be disturbed. The landlord promises that the tenant can enjoy and occupy the property without any interference from the landlord, his agent or his tenant.

Supplementary explanation:

However, if the tenant wants to enjoy the property safely, he must pay the rent on time and fulfill the promise in the lease. If the tenant defaults on the rent or violates other terms in the lease, the landlord can take legal action to recover the property and recover all the losses suffered by the tenant because of the breach of the lease.

Generally speaking, if the landlord cuts off the water, electricity and gas supply to the property while the tenant is still occupying the property, it will be considered as a violation of this implied commitment.

situation

Supplementary explanation:

Yeungwahjamesv.alfasealtd. [1993]1hkc440-The tenant rents a unit on the third floor of a building, and the whole building is owned by the owner. The landlord tried to persuade the tenant to withdraw the rent, but failed. One day, the tenant returned to Hong Kong from other places and found that the door lock had been changed and he could not enter his own unit. In addition, the landlord broke into the unit to carry out renovation works without the consent of the tenant. The High Court ruled that the landlord seriously violated the promise of peaceful enjoyment of the property, and ordered the landlord to compensate the tenant for a general loss of 50,000 US dollars and a punitive loss of 50,000 US dollars.

B.this property is suitable for living

Another implicit commitment of the owner is to ensure that the property rented by furniture is reasonably suitable for people to live in at the beginning of the lease period.

Supplementary explanation:

C. the owner shall not interfere with the purpose of lease.

The owner promises that he will not directly or indirectly interfere with or affect the purpose and reasonable enjoyment of the leased property.

2. The tenant's implied commitment

A. Pay the rent on the due date

Rent is usually paid in advance on the specified date of each month. Unless there is a clear clause to the contrary, if the rent is not paid before the due date, it will be regarded as arrears of rent.

B. Repairing and maintaining the interior of the property

This includes the internal condition of all property and its fixtures, furniture and electrical appliances. But it does not include damage caused by time or natural loss, structure or potential problems.

C. payment of rates

If the landlord does not agree to pay rates, the tenant is liable to pay rates, because rates are taxes paid by the occupier and the tenant is the occupier of the property, so he is liable to pay rates. As a matter of fact, landlords and tenants usually clearly agree which party will pay the rates.

Supplementary explanation:

D. Use the property with the care and rationality that tenants should have.

The lessee promises to use the property reasonably and properly, and take good care of the property with the attitude that a reasonable lessee should have.

E. it will not damage the property.

1. According to the common law, the lessee shall not damage the property, including any act or omission that will permanently change the nature of the property or damage the ownership.

Two. Examples of damage include removing footings and floors, rotting walls and changing the use of residential properties.

Three. The obligation not to damage property is the obligation of civil tort law, even if there is no contractual relationship between the two parties, the loss can be recovered.

Four. The amount of loss is calculated according to the impact of the damage on the property.

F. When the lease expires, transfer the property smoothly.

In addition to handing over the property under lucky conditions, the lessee must also hand over the property under good, clean and leasable conditions (except for natural wear and tear).

Supplementary explanation:

3. General Terms and Conditions

The following are the common provisions in the lease of the lessee's responsibilities:

A. pay the rent on the date and in the manner stipulated in the lease.

B. Repair and restore the interior of the property, excluding the structure, potential problems and natural wear and tear.

C be responsible for the loss or injury of any personnel caused by the internal damage of any property, and the employer shall be compensated for such loss or injury, and compensate the owner for all relevant expenses and expenses.

D. Allow the owner and/or his authorized agent to enter and check the maintenance of the property at any reasonable time, count the fixtures and carry out maintenance work with or without staff.

E after receiving the notice from the owner, carry out the maintenance works that belong to the tenant's responsibility as soon as possible.

Perform and abide by the terms of the deed of mutual covenant of the property concerned, and compensate the owner for any violation of the terms.

G. Pay water, electricity and fuel costs related to the property.

Supplementary explanation:

H take all precautions to protect the hotel interior from storms, typhoons or floods.

1. The property can only be used for the purposes specified in the lease.

No fixed devices or spaces shall be erected, installed or changed without the prior written consent of the owner.

K. Do not make any noise or sound waves that can be heard outdoors, thus causing nuisance to the owners or other residents in the building.

Do not do anything that causes the relevant property insurance to be invalid or revoked or causes the premium to rise.

Without the permission of the relevant authorities, no weapons, ammunition or meter explosive, flammable or dangerous goods may be stored in the property.

Noun (short for noun) Don't use property for illegal or immoral purposes.

O don't interfere with any public places or facilities belonging to the building.

Page (abbreviation of page) Unless the prior written consent of the owner is obtained, the property or any part thereof shall not be transferred, subletted or abandoned, regardless of whether any consideration is charged.

Supplementary explanation:

In the last period of the lease (usually three months), the owner can let the prospective tenant or buyer inspect the house within a reasonable time.

R return the property to the owner in a lucky, good, clean and leasable state when the lease expires or terminates in advance.

Supplementary explanation:

4. Landlord and Tenant (Consolidation) Ordinance

1. Part IV

This part applies to the lease and sub-lease contracts of most residential properties except pre-war buildings, that is, from July 9, 2004, the tenants in the fourth part no longer enjoy the right of lease safety. Landlords and tenants can terminate the lease according to the terms of the lease.

2. Form CR 109

This is a new lease or renewal notice, which mainly lists the following items:

A. property address;

B. date of new lease or renewal;

C. lease term;

D. monthly rent; and

E. the amount of rates and management fees, and who will pay them.

This form must be sent to the Commissioner of Rating and Valuation ("Commissioner") within one month after signing a new lease or renewing the lease. Late delivery will be fined 3 10 USD. If this form is not sent to the Director, the landlord will not be able to recover the rent specified in this form from the tenant.

Supplementary explanation:

(5) sublease

Sublease means that the lessee sublets all or part of the property to other tenants. The terms of the lease signed by the tenant and the landlord (original lease) may prohibit subletting. Therefore, before signing any sublease contract with the sublessor, the lessee should first determine whether sublease is prohibited in the original lease.

If the original lease stipulates that subletting is prohibited, the lessee shall not sublet the property unless the written consent of the owner is obtained in advance.

In addition, the terms of the sub-lease are generally bound by the terms of the original lease. The term of the sublease lease cannot exceed the term of the original lease.

Supplementary explanation:

(six) the practice and procedure of leasing

Generally speaking, the process of renting a property begins with the owner renting the property in the rental market. In China and Hongkong, owners usually rent out their properties through real estate agents. The following is the practice and process of renting real estate through real estate agents and law firms.

1. The owner rents the property through a real estate agent.

2. Tenants look for suitable properties through real estate agents.

3. Landlord and tenant discuss the basic terms of the leased property through the real estate agent, such as monthly rent, lease term (term and lease start date), furniture and electrical appliances included in the lease.

4. The owner wrote to the mortgagee of the owner's property and obtained the mortgagee's consent to lease the property.

5. The landlord signs a temporary lease with the tenant, and the tenant pays the down payment to the landlord.

6. The temporary lease can be agreed, and the lease can take effect only with the consent of the mortgagee.

7. Both parties shall appoint their own lawyers (in case of no conflict of interest, both parties may appoint the same law firm to handle the case).

Supplementary explanation:

8. The representative lawyer of the landlord drafts the formal lease and sends it to the representative lawyer of the tenant for review.

9. If necessary, the lawyer representing the tenant will amend the draft formal lease to protect the rights and interests of the tenant.

10. Both parties reached an agreement on the terms of the formal lease through lawyers. The representative lawyer of the landlord will send the formal lease in duplicate to the representative lawyer of the tenant.

1 1. The tenant's attorney arranges the tenant to sign a formal lease, and pays the balance of the deposit, one month's rent in advance (as the first month's rent in advance), lawyer's fees and stamp duty (shared equally with the landlord).

12. The lessee's representative lawyer shall send the formal lease, the balance of the deposit and one month's previous rent to the landlord's representative lawyer on or before the date when the formal lease stipulated in the temporary lease is signed.

Supplementary explanation:

13. The owner's lawyer arranged for the owner to sign a formal lease, and paid the owner the balance of the down payment and the rent for the previous month. The landlord must pay the lawyer's fee and stamp duty (equally with the tenant).

14. the owner's agent arranged for the owner to sign the form CR 109 (in triplicate).

15. Lawyers representing the owners usually arrange to send the lease (in duplicate) to the Stamp Office for payment of stamp duty, and send the form CR 109 (in triplicate) to the Rating and Valuation Department.

16. After the stamp duty on the lease (in duplicate) is paid, the landlord's lawyer will return one copy to the tenant and the other copy to the landlord through the tenant's lawyer.

Supplementary explanation:

In other cases, the landlord and tenant may only negotiate the lease terms through the real estate agent and then sign a standard lease that can be bought in the bookstore. In these cases, the above practices and procedures may be different. Estate agents usually assist the landlord to sign the lease with the tenant (in duplicate), pay the deposit, arrange the lease to pay stamp duty, and remind the landlord to send the form CR 109 to the Rating and Valuation Department.

Supplementary explanation:

Appendix general lease terms

A. the lessee's responsibilities:

A. pay the rent.

B the lessee shall protect and maintain the interior of the property at its own expense, including but not limited to all lines, water pipes, conduits, fittings, decorations, equipment and appliances, fixtures and furniture belonging to the owner.

C allow the owner and all his authorized personnel to enter and inspect the property within a reasonable time, check the fixtures and equipment, and carry out any necessary work with prior notice.

D. Without the prior written consent of the owner, no fixing devices, partitions, buildings or equipment shall be erected, installed or changed.

E. don't destroy any part of the property.

F. Do not transfer, sublease or give up the occupation of the property or any part thereof in any form.

Supplementary explanation:

G. Do not cause any nuisance to residents of other properties.

H. Do not do or allow anything that violates the government's land grant or causes any insurance of the building to be invalid or revoked or the premium of the insurance to be increased.

1. Do not store or store any explosive, inflammable or dangerous goods in the property.

J. Don't use the property for any illegal or immoral purpose.

K. Do not block or obstruct any public place of the building concerned.

We must abide by the laws and regulations on the use and occupation of the property, and protect the owner from anyone who violates these laws and regulations.

Meters (short for meter) must comply with the building deed of mutual covenant and subsidiary building deed of mutual covenant (if any) of the relevant property.

Noun (abbreviation of noun) pays the maintenance fee, public service fee and all expenses (except property tax) of the relevant property.

O Protect the hotel interior from storms or typhoons.

Supplementary explanation:

Page (abbreviation of page) ensures that the property is only used for private residential purposes.

Q. hand over the property at the end of the lease period, and hand over all fixtures, fittings and furniture (except natural wear and tear) in good, clean and rentable conditions.

R Dogs, animals or birds shall not be kept in the property or related buildings to avoid disturbing other residents.

South should provide its property with self-insurance against storms, floods, fires, theft and accidents.

During the lease period, it is not responsible for repairing damaged doors and windows, kitchen and bathroom equipment, water pipes and canals.

B. owner's responsibilities:

A. Pay property tax or (depending on the terms of the lease) rates, government rent and management fees.

B. Pay non-recurrent expenses related to the structural maintenance or repair of the property or the building where the property is located.

C. Let the tenant quietly hold and enjoy the property during the lease period.

Supplementary explanation:

Monographs: property leasing, Hong Kong Residence

EAA/publications/ch _ pub _ _ domestic _ tenancy

You need to know when signing the lease.

EAA/consumers/doc/ch _ tenancy . pdf

Supplementary explanation:

Brendon Chung's answers are all a few lines.