1. My tenant removed one of the partition walls of the unit (which is residential) without my consent. Can I terminate the tenancy agreement for such reason?

1. My tenant removed one of the partition walls of the unit (which is residential) without my consent. Can I terminate the tenancy agreement for such reason?

The issue primarily depends on whether the tenancy agreement contains a clause which prohibits the removal of a partition wall and whether such breach would entitle the landlord to terminate/forfeit the tenancy agreement contractually.

It is also important to investigate as to whether the partition wall as demolished was ‘structural’. If so, section 117(3)(g) of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) was breached which gives rise to a right to the landlord to forfeit the tenancy agreement.

In either case, the landlord should give a written demand to the tenant to specify the breach and request the partition wall to become reinstated (if possible). If the wall was structural, the damage done may be permanent and non-remediable.