Break Lease due to relocation

Posted by south side (139 days ago)

We recently renewed our tenancy agreement. The original lease specified that it could be broken within the first year if we were relocated. Our renewal does not specify this. My question is; are the terms of the inital lease carried forward into the renewal? Or is there any protection in HK law allowing for leases to be broken in these circumstances? Many thanks.

(I am based in Hong Kong)

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Posted by evildeeds (139 days ago)

Unfortunately there is no provision to carry this forward to a new lease. The new contract is just that, a new contract and the terms can be changed in the same way that the rental cost can change once the initial contract is over. In regard to the law it will follow that you will be liable to the costs of finishing the first year contract should you relocate. Negotiating with the landlord in such a situation would be your only recourse.

(I am based in Hong Kong)

Posted by mr_len (139 days ago)

If is not in paper, is not there. Simple as that.
A renewal is by no means and extension. If you attached an extension to the original contract, then you are good to go. Your "renewal" is in fact a whole new contract, and I bet the lanlord was suer to "forget" to add that relocation clause.
Sorry pal.

(I am based in Bahrain)

Posted by south side (139 days ago)

That's what I was afraid of. Thanks guys.

(I am based in Hong Kong)

Posted by SWTFP (131 days ago)

Legally, you are stuck.

Practically, the landlord will let you go if he can take your deposit.

As a landlord, that happened to me during SARS.

(I am based in Hong Kong)