The Licence To Occupy Residential Property is commonly used in Hong Kong when parties wish to create a flexible arrangement for temporary occupation of residential space without establishing a formal tenancy. This document is particularly relevant for short-term arrangements, corporate housing solutions, or situations requiring greater flexibility than traditional leases. It details the terms of occupation, including duration, fees, obligations, and conditions, while explicitly preserving the licensor's control over the property. The agreement is structured to comply with Hong Kong law and practice, incorporating necessary provisions for property management, utilities, and other essential services. Typically used for periods ranging from a few months to a year, it provides a practical solution for temporary accommodation needs while protecting both parties' interests through clear terms and conditions.
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1. Parties: Identification of the Licensor (property owner/main tenant) and Licensee (occupier), including full names, addresses, and identification numbers
2. Background: Context of the agreement, confirming intention to grant a license rather than a lease, and brief description of the property
3. Definitions: Key terms used throughout the agreement, including 'Property', 'License Period', 'License Fee', 'Common Areas', and 'House Rules'
4. Grant of Licence: Express terms of the license grant, clearly stating it's a personal right to occupy, not an exclusive possession
5. Licence Period: Duration of the license, including start and end dates, and any renewal provisions
6. Licence Fee and Other Charges: Amount payable, payment schedule, utilities, management fees, and other charges
7. Deposit: Amount, payment terms, and conditions for refund of the security deposit
8. Permitted Use: Specific allowed uses of the property, including occupancy limits and restrictions
9. Licensee's Obligations: Key responsibilities including maintenance, repairs, conduct, and compliance with rules
10. Licensor's Obligations: Responsibilities for providing access, maintaining structure, and essential services
11. Restrictions: Specific prohibitions and limitations on the use of the property
12. Termination: Grounds for termination, notice requirements, and consequences of termination
13. Property Condition: State of the property at commencement and return conditions
14. Notices: Method and addresses for formal communications between parties
15. General Provisions: Standard clauses including entire agreement, amendments, governing law
1. Furniture and Fittings: Details of provided furnishings and equipment, used when property is provided furnished
2. Additional Occupants: Terms for allowing other occupants, used when multiple occupants are permitted
3. Pets: Specific terms regarding pets, used when pets are allowed in the property
4. Parking: Terms for use of parking facilities, included when parking is available
5. Building Facilities: Access and usage terms for gym, pool, etc., used when property includes facility access
6. Insurance: Insurance requirements for either party, used in high-value properties or when specifically required
7. Sublicensing: Terms regarding sublicensing rights, used when sublicensing might be permitted
8. Break Clause: Early termination options, used when parties want flexibility to end agreement early
1. Schedule 1 - Property Description: Detailed description of the licensed property including floor plan and boundaries
2. Schedule 2 - Inventory List: Detailed list of furniture, appliances, and fittings provided with condition notes
3. Schedule 3 - House Rules: Building management rules and specific property usage guidelines
4. Schedule 4 - Fee Schedule: Breakdown of license fee, utilities, management fees, and other charges
5. Schedule 5 - Condition Report: Detailed report of property condition at commencement of license
6. Appendix A - Floor Plan: Property layout and relevant measurements
7. Appendix B - Photographs: Documentary evidence of property condition at commencement
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