Understanding Pet Restrictions in Hong Kong Rentals

Even though the unit environment is suitable and the landlord says it's okay, you might only find out after moving in that the management office does not allow pets, and you even receive a warning letter? How much power does the 'Deed of Mutual Covenant' actually have? And how can tenants protect themselves? The following four common questions will help you clearly understand the real restrictions on pets in Hong Kong buildings, as well as the responsibilities of tenants and landlords.

What is a building covenant? Why do many building covenants restrict pet keeping?

A building covenant is a legal document signed between the property owners and the developer, stipulating the rules for the management and use of the building, and is legally binding on all owners and residents. If the terms of the covenant are violated, the owners' corporation can take action.

What will the management office or owners' corporation do if a tenant breaks the deed by keeping a dog?

If a tenant violates the deed by keeping a dog, the Incorporated Owners (IO) or the management office has the right to first issue a warning letter, requesting the pet to be removed within a deadline. If this is ineffective, the IO can further apply for an injunction through civil proceedings to forcibly stop the violation. The court usually supports the enforcement of the deed.

What are the consequences of violating the decoration time regulations?

If construction is carried out outside the statutory hours without a permit, upon conviction, the maximum penalty is a fine of HK$10,000, and repeat offenders will face heavier fines. In addition, the consequences in terms of property management cannot be ignored: in housing estates with management companies, violating decoration time regulations is considered a breach of rules. The management office can demand an immediate stop to the work and may impose fines on the owner or take legal action in accordance with the deed of mutual covenant.

Can landlords prohibit pets in the lease? If the tenant violates the rule, can the lease be terminated?

Yes. Landlords have the right to include a "no pets" clause in the lease, or require tenants to obtain written consent before keeping pets. If the tenant violates this clause or the building's deed of mutual covenant, the landlord has legal grounds to terminate the lease, but must follow the procedures under the Landlord and Tenant (Consolidation) Ordinance and the Land Registration Ordinance:

• Issue a written warning
• Give a reasonable period to correct the violation
• If not corrected, then legally proceed to terminate the lease or apply to the court to recover the unit

What if the tenant finds out the Deed of Mutual Covenant prohibits pets after signing the lease?

"Not knowing the covenant restrictions" does not constitute a legal defense. The tenant is still responsible for compliance. Suggestions:

• Immediately communicate with the landlord to discuss whether keeping pets is allowed, or consider negotiating an early termination of the lease
• If you feel the landlord or agent has misled you, you may seek legal advice, but proving it can be difficult
• In the future, proactively review the Deed of Mutual Covenant (available through the Land Registry or by requesting it from the landlord) before signing the lease to avoid misunderstandings and losses

If you own a pet, checking thoroughly before renting a property is the most practical way to protect yourself. If you're looking for a place to live in Hong Kong, why not try our LetsGetHome Golden Key House rental platform!

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