g) Entering into Written Tenancy Agreement

g) Entering into Written Tenancy Agreement

If an oral tenancy fulfils all of the conditions for a regulated tenancy under Part IVA of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7), the tenancy is also regulated under Part IVA of the Ordinance. The statutory requirements and mandatory terms are to be implied into the oral tenancy of the subdivided unit.

Where the landlord and the tenant of a subdivided unit have entered into a tenancy orally for a first term tenancy, after the tenancy has commenced, the tenant may in writing demand the landlord to, within 30 days, serve on the tenant a written tenancy agreement reflecting the contents of the oral tenancy. If the landlord fails to do so, the tenant may elect either:

1. to withhold the payment of rent until the landlord has done so; or
2. to terminate the tenancy by within, 7 days after the specified period of 30 days mentioned above, giving the landlord not less than 30 days’ prior notice in writing of the termination.