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2. Following 1, what action can the landlord take to the dog-owned tenant?

A more well-drafted tenancy agreement would usually contain a provision requiring the tenant to obey and comply with all the covenants in the DMC of the building and to indemnify the landlord against the non-observance of the DMC.

 

Alternatively, tenancies of domestic premises typically contains a convent, express or implied under section 117(3) of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7), that the tenant is not to cause unnecessary annoyance, inconvenience or disturbance to any other occupant.

 

Subject to the exact wordings of the tenancy agreement, the landlord may be entitled to exercise the right of forfeiture and break the tenancy early.  But before doing so, under section 58 of the Conveyancing and Property Ordinance (Cap. 219), the landlord is required to serve a prior written notice on the tenant, specifying the breach complained of and requesting the tenant to remedy the breach.  If the tenant fails to remedy the breach within a reasonable time, the landlord may then forfeit the tenancy.

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