Q3. If both the landlord and the tenant agree, can they sign a tenancy agreement with a term other than 2 years?
The landlord and the tenant cannot enter into a tenancy for a term other than 2 years by mutual agreement. Even if a tenancy purports to be a tenancy for a term other than 2 years, the term of the tenancy is taken to be 2 years under Part IVA of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7). A tenant of a first term tenancy is entitled to be granted a second term tenancy of the regulated cycle, thus enjoying a total of 4 years (first term of 2 years plus second term of 2 years) of security of tenure.
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