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CIRCULARS

Circular No. 03-06 (CR) May 2003
Information to be provided by landlord and tenant

Practitioners shall comply with the relevant statutory provisions on the leasing of Hong Kong residential properties and carry out duties owed toward their clients. Where appropriate, they should also encourage the parties to a tenancy, before entering into a lease, to exchange information for mutual trust and to facilitate the transaction.

If it is a mortgaged property, practitioners should suggest to the landlord to provide proof of his repayment record and the bank's consent to lease. It has to be understood that if the landlord defaults in repayment and the bank enters into possession of the property, the tenant will be deprived of the right to continue to occupy the property and lose his deposit. The tenant should be aware of the risk involved if the landlord does not provide information on the mortgage.

On the other hand, on a voluntary basis and without contravening the law of privacy, practitioners should suggest the tenant to provide to the landlord information on or proof of his occupation, income, financial status or past rental records.

Practitioners should exercise care in handling sensitive information of their clients and strictly comply with the Personal Data (Privacy) Ordinance in handling any personal data.

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