Landlords must follow strict procedures if they want a tenant to leave a property, depending on the type of rental agreement and the conditions. Most private and social tenants and licensees can only be evacuated with a court decision that the landlord can ask if he has served the tenant with the corresponding indication and that it has expired. Guardianship contracts are generally offered on a contractual occupancy license. The licence offers the right to occupy premises for payment of a fee or service. As a matter of law, a licence is generally created when there is no exclusive right of ownership or if there is no intention to establish a legal relationship between the lessor and the tenant. However, if the taker has exclusively possession, it may be a lease agreement, even if the contract calls it a licence. If tenants decide to buy rentals, they must comply with their rental conditions, even in the event of termination. This usually involves informing the owner in writing of his intention to evict him. The tenancy agreement should indicate how much the tenants are to give to the landlord if they want to leave – a one-month notice period is typical.
In a global pandemic such as the current COVID 19 epidemic, the use of early termination or concessions under their leases is currently limited. First, it seems unlikely that COVID-19 will fall under a general force majeure clause without explicit wording, since this is not a foreseeable event. Second, the doctrine of frustration is limited and Hong Kong jurisprudence has not yet been put on the side of tenants who have attempted to argue that the public health crisis, with serious repercussions on economic and commercial disruption such as SARS, should be a good reason to terminate a lease. In practice, tenants can negotiate with their landlords for new regulations such as a rent reduction in light of the reality of business. Tenants could also consider ensuring such risks against the next pandemic outbreak. At this point, we encourage everyone to be compassionate and flexible as much as possible, and we encourage landlords to work constructively with their tenants. This may include the ability for tenants to terminate the lease by terminating less than the lease or allowing them to terminate the lease before the fixed term expires. My (private) accommodation refuses to break the lease. The rent started in June 2020, I am an international student. I haven`t set foot on British soil since March 2020. I will not be able to return to Britain in the near future, because Covid-19 and the universities will be closed. The lease agreement does not have a termination clause or a force majeure clause; I will try to argue frustration, but since I am international, I do not know how to proceed.
Do you want me to e-mail them? Do I have to go to court and other trials? Please let us know. The landlord/representative can ask the court to challenge your notification. If the court finds that the lessor/agent has corrected the infringement, it can revoke your termination and your lease will continue. Ask the court for the owner or agent to fix the offence (for example. B repairs you have requested) or that it ceases to violate the contract (for example. B it ceases to harm their privacy). Negotiate with the owner/agent for agreed compensation. (The lessor may agree not to be compensated.) Discuss whether the lessor will claim rights to your loan.