0

My dad visited Hong Kong recently and was unnerved to learn that the HK gov't hasn't standardized a residential leasing form:

The laws governing residential tenancy agreements are far looser than they are in other countries. There is no government-mandated standard legal agreement, so it is absolutely critical that you read the proposed agreements in detail, several times, and have someone else such as a professional relocation agent, solicitor or a colleague with experience in renting in Hong Kong review the agreement as well before you even think of signing.

I'm quoting the University of Hong Kong's Community Legal Information Centre's template merely as persuasive (not binding!) authority.

[4.] e. If the Premises is subject to an existing mortgage or charge, then this Agreement is subject to the mortgagee or chargee’s prior consent. If the Landlord fails to obtain such consent and consequently the mortgagee or chargee seeks repossession of the Premises, the Tenant shall have the option to terminate this Agreement by written notice, the Landlord shall return to the Tenant the Deposit without interest within 7 days from the termination of this Agreement and shall indemnify the Tenant against all liabilities, claims, damages and costs incurred by the Tenant as a consequence of such repossession or termination, including relocation costs.

  1. Am I right that Ontario's standard lease lacks such a term shielding the Tenant from the Landlord's liens? I can't find it.

  2. Which other Canadian provinces and territories express such a term against Landlord's liens?

  • I don't know about Canada or HK, but a number of US states do not have a standard form for residential leases or tenancies, although some specific provisions may be required, and others may be forbidden. – David Siegel May 20 at 17:38
1

It’s unlikely that they are needed

The common law position in most jurisdictions (HK may be an exception) is that the assignees of the landlord (including a mortgagee in possession) are still bound by the lease as is the tenant.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.