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Monograph : Hong Kong Domestic Tenancy Contents
 
(5) Subletting
 
Subletting is where a tenant sublets the property or any part thereof to a sub-tenant. This, however, may be prohibited by a term in the tenancy agreement between the tenant and the landlord ("the original tenancy agreement"). A tenant should therefore ascertain from the original tenancy agreement whether it contains any prohibition against subletting before entering into any sub-tenancy agreement with a sub-tenant.
   
Where the original tenancy agreement prohibits subletting, the tenant has to obtain the written consent of the landlord before he/she can sublet the property.
 
Further, the terms of the sub-tenancy agreement will usually be subject to the terms of the original tenancy agreement. The term of the sub-tenancy agreement cannot exceed the term of the original tenancy agreement.
   
   
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