Third Schedule — CIVIL CODE

Lease of an urban property, residence and commercial tenement

This, ...................... day of ..........................................

By the present private writing there appear on the one part

.................................................... son of ................................. and

................................... neè ..................... born in ...........................

and residing at ................................................................. holder of

a legally valid identification document number ............. hereinafter

referred to as the lessor.

And on the other part ............................. son of ..........................

and .......................... neè ............................ born in .......................

and residing at ................................................................. holder of

a legally valid identification document number ............. hereinafter

referred to as the lessee.

And hereby the parties agree on the following

a.

the lessor is granting by title of lease to the lessee who

under the same title of lease accepts the premises

b.

the lessee may use

the

leased

premises

for

c.

this lease is being made for a period of ........................

commencing from ..........................

d.

the parties agree that on the termination of this lease it

may not be renewed / shall be renewed as follows

e.

the rent payable for this lease shall be ........................

that shall be due each .............. in advance / in arrears.

Transitory provisions - Act X of 2009, as amended by Act

V.2010.19

39. (1) Leases which were in force before the 1st June, 1995, and

which are still in force on the 1st January, 2010, shall continue to be

regulated by the laws which were in force before the 1st June, 1995, other

than the provisions of Title IX of Part II of Book Second of the Civil Code,

Of Contracts of Letting and Hiring, as amended by this Act and subject to

any regulations made in virtue of the amendments introduced by this Act.

(2)Leases which were granted after the coming into force of the

Housing Laws Amendment Act, 1995, and which are still in force

on the 1st January, 2010, shall continue to be regulated by the

provisions of the said law insofar as they are not affected by the

provisions of Title IX of Part II of Book Second of the Civil Code,

Of Contracts of Letting and Hiring, as amended by this Act.

(3)Sohowever that where by this Act further obligations were

made incumbent on the lessee which before the 1st June, 2008 were

not incumbent on him, failure to fulfil those obligations before the

1st January, 2010 may not in any manner make the lessee liable for

any damages or other adverse consequences such as an action for

the termination of the lease.

(4)The provisions of Title IX of Part II of Book Second of the

Civil Code, Of Contracts of Letting and Hiring, shall also apply to

the letting of urban tenements where terminated contracts of

emphyteusis or sub-emphyteusis have been or are about to be

converted into leases by virtue of the law

Provided that in the case of leases made by virtue of the Housing

(Decontrol) Ordinance, the provisions of the said Ordinance

d e f i n i n g t h e p e r s o n t o b e c o n s i d e r e d as t h e l e s s e e a n d t h e

provisions providing for the transfer of the lease after the demise of

the lessee shall continue to apply notwithstanding the aforesaid

provisions of the Civil Code.

(4A) As from the first payment of rent due after the 1st January,

2010 the increase in rent on the ground of inflation of dwelling

houses which are subject to a lease created by article 5, 12 or 12A

of the Housing (Decontrol) Ordinance shall, notwithstanding the

provisions of articles 5(3)(c) and 12(2)(i) of the said Ordinance be

regulated exclusively by article 1531C of the Civil Code.

(5)The Rent Board appointed by virtue of the Reletting of Urban

Property (Regulation) Ordinance shall have exclusive jurisdiction

to decide matters connected with the letting of urban property

including both commercial tenements and residences. Sohowever

that causes relating to lease contracts which on the 1st January,

2010 are still pending before the Courts or other Tribunals shall

still be dealt with by the same Courts or Tribunals.

(6)Nothing in this law and in the Civil Code as amended by this

Act shall be deemed to lessen the powers pertaining to the Director,

Social Accommodation, to the Housing Authority, or to any other

person who exercises public authority owing to such person’s

office, by virtue of the Housing Act or by virtue of the Housing

Authority Act.

(7)Without prejudice to the provisions of the Civil Code as

amended by this Act, the renewal of a lease after the 1st June, 1995

(whether such renewal is conventional, legal, customary or

otherwise) shall not be considered as a lease agreed on the 1st June,

1995 or after that date and the renewal of a lease on the 1st January,

2010 or after that date (whether such renewal is conventional,

legal, customary or otherwise) shall not be considered as a lease

agreed on the 1st January, 2010, or after that date

Provided that for the avoidance of doubt, in this sub-article and

in article 16 of the Housing (Decontrol) Ordinance, as the case may

be, the words "the renewal of a lease after the 1st June, 1995" shall

be construed as referring only to a lease commenced before the 1st

June, 1995, and renewed after the said date, and the words “the

renewal of a lease on the 1st January, 2010 or after that date" shall

be construed as referring only to a lease commenced before the 1st

January, 2010 and renewed after that date.

(8)Save as the Minister responsible for accommodation may by

regulations otherwise provide, nothing in this Act shall affect the

applicability of

(a) the Land Acquisition (Public Purposes) Ordinance;

(b) the Housing Act;

(c) the Disposal of Government Land Act; and

(d) article 8 of the Reletting

of

Urban

Property

(Regulation) Ordinance.

as in force immediately before the coming into force of this Act.

(9) Without prejudice to the other provisions of this Act, the

provisions of this Act shall apply to leases where Government is

the owner or the lessee.

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