Apartments - Sub-letting/Break Lease

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  1. #1

    Join Date
    May 2008

    Apartments - Sub-letting/Break Lease

    Apologies for the dullness of this post but may benefit some readers.

    I'm no lawyer and would be grateful if anyone can clarify this, but sub-letting of apartments is possibly a better option than breaking a lease-

    legislation states that sub-letting is legal if -

    - you are leaving HK for a period of 3-9months (If u leave HK permanently then you should be able to hand keys back after original contract has run 12 months and be entitled to a full refund of deposit)
    - the landlord has given his permission or has unreasonably withheld his permission.

    link below - Section 39.

  2. #2

    Join Date
    Feb 2007

    The link doesnt work

  3. #3

    Join Date
    May 2008
    Quote Originally Posted by adahc:
    The link doesnt work
    This is copied directly from the site.

    Heading A tenant about to absent himself from Hong Kong for certain periods may sublet under conditions Back to Individual Section Format

    (1) A tenant of domestic premises not being a corporation or
    unincorporate body shall not be deemed to have assigned, transferred,
    sublet or parted with possession for the purposes of section 36 if the
    Tribunal is satisfied that- (Amended 76 of 1981 s. 25)
    (a) he sublet to a person for a period during which the tenant was
    absent from Hong Kong; and
    (b) such subletting occurred with the consent of the landlord or
    the landlord's consent was unreasonably withheld; and
    (c) the tenant was absent from Hong Kong for a period of not less
    than 3 and not more than 9 months; and
    (d) such person did not pay or promise to pay to the tenant a
    consideration in excess of the rent payable by the tenant to the
    landlord. (Amended 32 of 1985 s. 7)
    (2) Whether or not the conditions of this section have been
    complied with a person who has obtained possession of premises to which
    this Part applies on condition that he will give up possession to the
    tenant on the tenant's return to Hong Kong shall not be entitled to the
    protection of this Part as against the tenant after such tenant's return
    or as against the landlord. (Amended 32 of 1985 s. 7)
    (3) Nothing herein contained shall entitle a person who has
    obtained possession of any premises by reason of this section to retain
    possession as against the landlord after the expiration of 9 months from
    the date when he first obtained such possession.
    (Added 22 of 1953 s. 15)