Is this a legal contract?

My tenant advised his desire to early terminate his lease.

So I found a buyer and asked the tenant to sign the date when he will vacate the premises which he did sign. I accordingly made a sales and purchase agreement with my buyer to deliver vacant possession of the premises on the date my tenant signed to vacate.

I would like to know is whether my tenant writing and signing to early deliver vacant premises to me is a legal contract ? Can I sue him for breach of contract?

Mate, he's already in breach of his contract. There should be a term in your tenancy contract that states what happens if he terminates early. Apparently that doesn't bother you too much though.


If he signed the date that he will leave the premises, that is evidence of his intention to leave the premises and you are entitled to rely on it. Generally speaking, agreements are formed when both parties agree to something (offer & acceptance). The actual signed paper document is evidence of that agreement only. So, in theory, you should be able to sue him for losses resulting from a loss of sale or at least evict him if he's still kicking around.


That said, Hong Kong conveyancing law is a bit of a strange beast so there may be special provisions/protections that deviate from the basic principles outlined above. What you need is a conveyancing lawyer, or have a quick look at the Hong Kong LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE (Cap. 7).


Hope that helps.