The Long Term Land Lease Agreement is a crucial document in Hong Kong's property landscape, where the leasehold system dominates land tenure arrangements. This document is essential when parties seek to establish a long-term leasehold interest in land or property, typically for periods of 25 years or more. It's particularly relevant for commercial developments, industrial projects, and significant property investments. The agreement must comply with Hong Kong's complex property laws, including the Land Registration Ordinance, Conveyancing and Property Ordinance, and Government Leases Ordinance. It contains detailed provisions covering property rights, development permissions, maintenance obligations, rent reviews, and various other terms specific to Hong Kong's legal framework. The document serves as the foundational agreement governing the relationship between the lessor and lessee throughout the lease term, providing clarity on rights, obligations, and remedies available to all parties.
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1. Parties: Identification of the lessor and lessee, including full legal names, registration numbers (if companies), and addresses
2. Background: Context of the lease arrangement, including brief description of the property and purpose of the lease
3. Definitions: Definitions of key terms used throughout the agreement
4. Demise: Formal grant of the lease, specifying the property being leased and the term of the lease
5. Rent and Payment Terms: Details of rent amount, payment schedule, rent reviews, and payment methods
6. Permitted Use: Specified allowed uses of the property under the lease
7. Lessee's Covenants: Obligations and responsibilities of the lessee, including maintenance, repairs, and compliance with regulations
8. Lessor's Covenants: Obligations and responsibilities of the lessor
9. Insurance: Required insurance coverage and responsibilities for maintaining insurance
10. Assignment and Subletting: Conditions and restrictions on transferring or subletting the lease
11. Termination: Circumstances and procedures for early termination of the lease
12. Default and Remedies: Consequences of breach and available remedies
13. Notices: Procedures for giving formal notices under the agreement
14. Governing Law: Confirmation of Hong Kong law as governing law and jurisdiction
15. Execution: Signature blocks and execution formalities
1. Government Rent and Rates: Include when the lessee is responsible for government rent and rates
2. Development Rights: Include when the lease grants rights for future development or modifications
3. Break Clause: Include when either party has the right to terminate early under specific conditions
4. Right of First Refusal: Include when the lessee has priority rights to purchase the property
5. Environmental Obligations: Include for properties with specific environmental considerations or requirements
6. Management Provisions: Include when the property is part of a larger development with shared facilities
7. Renovation and Alterations: Include when specific provisions are needed for major modifications
8. Option to Renew: Include when the lessee has the right to extend the lease term
1. Property Description: Detailed description of the property including boundaries, floor plans, and land lot numbers
2. Rent Review Mechanism: Detailed procedures and formulae for rent reviews
3. Condition Schedule: Detailed description of the property's condition at the start of the lease
4. Fixtures and Fittings: Inventory of fixtures and fittings included in the lease
5. Building Rules and Regulations: Specific rules applicable to the property or development
6. Maintenance Schedule: Detailed breakdown of maintenance responsibilities
7. Plans and Maps: Official plans, maps and aerial photographs of the property
8. Land Search Documents: Copy of recent land search showing title particulars and encumbrances
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