What to do when ending a TA early?

My tenant has to move out urgently today before the break lease period of the contract is reached. It has been a palava.


I am not sure if there is any documentation required in HK for ending the lease? Anyone any suggestions on any formalities that need to be done?


Cheers

I am not aware of any required documentation to be done but it is a good idea to sign a Mutual Release so that both parties' rights and obligations have been terminated and/or discharged with mutual consents. A simple agreement that both of you, the landlord and the tenant agree to terminate the TA signed on a certain date and that everything is satisfactory and the security deposit is hereby returned in full to the tenant. Dated, signed and witnessed. I want to know too if there are special documentations to be signed to that effect. What is a "palava"?

Sometimes a termination agreement is signed and the agent can do it for you but if they charge you for it, then a simple termination agreement you do yourself like the one the other chap has discussed would do. A termination document need not be stamped but at least have 3 copies, tenant, landlord and witness copy perhaps.


This documentation is usually not really required provided both parties agree to the termination and deposits and keys are handed back correctly etc. Sometimes a landlord may insist this documentation is available perhaps for the more really expensive housing or perhaps a secretary requires it for their boss etc acting on behalf of landlord. Some might want to keep a copy as evidence of termination incase any issues brought up by tax revenue etc enquiring about the exact rent received - but very very rare I think.


HKC Property