Landlord Waiver Template for Hong Kong

A Landlord Waiver is a legal document used in Hong Kong commercial leasing arrangements where a landlord agrees to waive or subordinate certain rights in favor of a tenant's lender. The document typically acknowledges the lender's security interest in the tenant's personal property or equipment located on the leased premises and establishes the lender's rights to access and remove such collateral in case of default. Governed by Hong Kong law, it incorporates provisions from the Landlord and Tenant (Consolidation) Ordinance and follows common law principles, providing crucial protection for lenders in secured financing arrangements.

Typically:
i
This cost is based on prices provided by
6 legal services in your market.
With Genie AI:

£0

i
Generate and export your first
document completely free.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Get template free
Upload to review

Your data doesn't train Genie's AI

You keep IP ownership of your docs

4.6 / 5
4.6 / 5
4.8 / 5

What is a Landlord Waiver?

The Landlord Waiver is a critical document in Hong Kong commercial financing transactions where a tenant seeks to obtain secured financing using assets located on leased premises as collateral. Under Hong Kong law, landlords typically have certain rights over tenants' property, including statutory liens and the right to seize assets for unpaid rent (distress). This document is used when a tenant's lender requires assurance that their security interest in the financed assets will take priority over the landlord's rights. The Landlord Waiver addresses these concerns by having the landlord formally agree to subordinate their rights and grant the lender access to the premises to inspect or remove collateral if necessary. It's particularly important in sectors where businesses rely on equipment financing or inventory-based lending, and it helps facilitate commercial financing while protecting the interests of all parties involved.

What sections should be included in a Landlord Waiver?

1. Parties: Identification of the landlord, tenant, and lender (and any guarantors if applicable)

2. Background: Context of the lease arrangement, tenant's financing, and purpose of the waiver

3. Definitions: Key terms including Property, Lease, Security Interest, Collateral, and Secured Obligations

4. Acknowledgment of Security Interest: Landlord's acknowledgment of the lender's security interest in tenant's property

5. Waiver of Landlord's Rights: Specific rights being waived by the landlord, including liens, claims, and priority rights

6. Access Rights: Lender's rights to access the premises to inspect or remove collateral

7. Notice Requirements: Requirements for notices between parties, particularly regarding default or enforcement

8. Term and Termination: Duration of the waiver and circumstances for termination

9. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction

What sections are optional to include in a Landlord Waiver?

1. Insurance and Loss Payee Provisions: Include when the lender requires specific insurance arrangements for the collateral

2. Subordination Provisions: Include when there's specific ranking of security interests that needs to be established

3. Assignment and Transfer: Include when parties anticipate potential transfers of rights under the waiver

4. Remedies and Enforcement: Include when specific enforcement procedures need to be outlined

5. Representations and Warranties: Include when additional confirmations from the landlord are required regarding title, authority, or other matters

What schedules should be included in a Landlord Waiver?

1. Schedule 1 - Property Description: Detailed description of the leased premises

2. Schedule 2 - Lease Details: Key details of the lease agreement including date, parties, and term

3. Schedule 3 - Collateral Description: Description of the tenant's property subject to the lender's security interest

4. Appendix A - Form of Notice: Standard form for notices required under the waiver

5. Appendix B - Access Procedures: Detailed procedures for lender's access to the premises

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Service Contract

Cost

Free to use

Find the exact document you need

Rental Increase Notice

A Hong Kong law-compliant formal notice document used to inform tenants of a rental increase, including specific details about the increase and effective date.

Download

Digital Learning Agreement

A Hong Kong law-governed agreement setting out terms and conditions for digital learning services, including platform access, content delivery, and data protection compliance.

Download

Casual Worker Contract

A Hong Kong law-governed contract establishing terms for casual employment, including flexible work arrangements and statutory protections.

Download

Landlord Waiver

A Hong Kong law-governed document where a landlord waives certain rights over tenant's property in favor of the tenant's lender, typically used in commercial financing arrangements.

Download

Maintenance And Service Contract

A Hong Kong law-governed agreement establishing terms for maintenance and service provision, including service levels, responsibilities, and compliance requirements.

Download

Pledge Of Shares Agreement

A Hong Kong law-governed agreement creating security over shares as collateral, detailing pledge terms, rights, and enforcement mechanisms.

Download

HVAC Maintenance Contract

A Hong Kong law-governed contract for HVAC system maintenance services, outlining maintenance requirements, service levels, and compliance obligations.

Download

Cleaning Company Contract

A Hong Kong-governed contract establishing terms and conditions between a cleaning service provider and client, covering service delivery, standards, and compliance requirements.

Download

Vending Machine Agreement

A Hong Kong law-governed agreement for the installation and operation of vending machines at specified locations, including revenue sharing and operational terms.

Download
See more related templates

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it