Navigating Pet Restrictions in Hong Kong Rentals

Even though the unit environment is suitable and the landlord says it's OK, you might 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 see clearly the real restrictions on pets in Hong Kong buildings, while understanding the responsibilities of tenants and landlords.

What is a Deed of Mutual Covenant? Why do many Deeds of Mutual Covenant restrict pet keeping?

A Deed of Mutual 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 may take action.

If the tenant violates the deed by keeping a dog, what will the management office or owners' corporation do?

If a tenant violates the deed by keeping a dog, the Owners' Corporation (OC) 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 OC can proceed with civil proceedings to apply for an injunction to forcibly stop the violation. The court usually supports the enforcement of the deed.

What are the consequences of violating the decorating time regulations?

According to the Environmental Protection Department's Noise Control Ordinance, conducting construction work outside the statutory hours without a permit can result in a maximum fine of HKD$10,000 upon conviction, with increased fines for repeat offenders. Moreover, the consequences in terms of property management cannot be overlooked: in estates with management companies, violating decorating time regulations is considered a breach of rules. The management office can demand an immediate halt to the work and may impose fines on the property owner or take legal action according to 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) OrdinanceandLand Registration Ordinance:

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

What to do if a tenant discovers 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 obligated to comply. Suggestions:

• Immediately communicate with the landlord to discuss whether pet keeping 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 before signing the lease (available through the Land Registry or by requesting it from the landlord) to avoid misunderstandings and losses

For pet owners, verifying before renting is the most practical way to protect yourself.

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