Move-In / Move-Out Checklist (Hong Kong)

A Move-In / Move-Out Checklist in Hong Kong sets out a structured account of the matters it is intended to track.

Security deposits in Hong Kong are typically equivalent to two months' rent. For a HKD 30,000 per month apartment, the deposit is HKD 60,000 — a sum large enough to justify careful documentation of condition at both move-in and move-out. The checklist is the primary evidence used by the Small Claims Tribunal (which handles disputes up to HKD 75,000 without legal representation) and the District Court when landlords and tenants dispute deposit deductions.

The Landlord and Tenant (Consolidation) Ordinance (Cap. 7) is the principal legislation governing tenancy rights and obligations in Hong Kong. While Cap. 7 does not mandate the use of a condition checklist, the Conveyancing and Property Ordinance (Cap. 219) and the common law principles governing bailment of property support the use of written condition records to establish the state of leased premises at commencement. The Estate Agents Ordinance (Cap. 511) and the Estate Agents Authority (EAA) Code of Ethics encourage licensed estate agents to prepare condition reports for tenancies they manage, and many professional property managers in Hong Kong do so as standard practice.

Hong Kong's high-density residential buildings present specific condition issues: air conditioning units (typically cassette-type or split units maintained through building management), water heaters, kitchen appliances built into fitted kitchens, timber parquet or marble flooring, and ceiling light fittings are all items that frequently generate move-out disputes. The checklist should cover each of these specifically. Photographs with date stamps taken on a smartphone at both move-in and move-out provide strong supporting evidence when presented alongside the signed written checklist in tribunal proceedings.

Section 14 of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) addresses the landlord's right to enter leased premises for inspection, which should be exercised in a reasonable manner consistent with the tenant's right to quiet enjoyment. Section 6 of the Limitation Ordinance (Cap. 347) imposes a six-year limitation period on contract claims — a signed move-in/move-out checklist retained by both parties provides the evidence base for any Small Claims Tribunal claim brought within this period. The Estate Agents Ordinance (Cap. 511) requires licensed estate agents managing tenancies to exercise their duties with care and diligence, which includes supporting proper move-in and move-out inspections. The Buildings Department enforces structural standards under the Buildings Ordinance (Cap. 123), and any structural defects noted on the checklist should be reported. The Lands Tribunal has jurisdiction over tenancy disputes under the Lands Tribunal Ordinance (Cap. 17) where the Small Claims Tribunal's monetary limit is exceeded. Tenants in Hong Kong Housing Authority estates must follow Housing Authority checklist procedures under the Housing Ordinance (Cap. 283) governing public rental housing condition assessments at tenancy commencement and termination.

A Move-In / Move-Out Checklist in Hong Kong is needed at two critical moments: on the day the tenant takes possession of the property at the start of the tenancy, and on the day the tenant returns the keys at the end.

At move-in, the checklist should be completed during a joint inspection by the landlord (or their property agent from an EAA-licensed agency) and the tenant before the tenant moves furniture or belongings into the property. Completing the checklist at this stage — before any damage attributable to the new tenant could have occurred — provides the clearest baseline record.

At move-out, the checklist should be completed during a final inspection before the tenant hands back all keys and access cards. Comparing the move-out checklist with the move-in checklist shows clearly what, if anything, has changed. Pre-existing damage documented at move-in cannot be charged to the tenant at move-out; new damage that was not present at move-in is the tenant's responsibility unless it constitutes fair wear and tear.

For tenancies managed by professional property management companies — common for expatriate housing managed through corporate relocation agents in areas such as Sai Kung, Discovery Bay, or the Kowloon Tong expatriate residential enclaves — a condition checklist is standard procedure and is often required by the corporate employer's relocation policy.

Landlords renting to multiple successive tenants should complete a fresh checklist at the start and end of each tenancy. Without a contemporaneous record, landlords may struggle to attribute damage to the correct tenant when a property has had several occupants.

For commercial premises — offices, retail shops, and restaurants in Hong Kong's competitive commercial property market — condition reports prepared at lease commencement and expiry are equally important, particularly where the lease requires the tenant to reinstate the premises to their original condition (a 'make-good' obligation common in Hong Kong commercial leases). The Lands Tribunal and the District Court regularly handle commercial tenancy reinstatement disputes where the state of the premises at lease commencement and expiry is disputed.

Section 22 of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) addresses the landlord's statutory obligations regarding the condition of leased premises. A contemporaneous condition checklist helps establish the baseline state of the property at commencement, relevant to determining whether any deterioration was pre-existing or occurred during the tenancy.

A Move-In / Move-Out Checklist for use in Hong Kong residential and commercial tenancies should include the following elements to serve as effective evidence in deposit disputes.

Property Identification: The full address of the property including floor and flat number, the date of inspection, whether the inspection is move-in or move-out, and the names of all persons present during the inspection (landlord, tenant, property agent).

Room-by-Room Condition Record: A section for each room and area of the property — living room, dining area, each bedroom, kitchen, each bathroom, balcony or terrace, utility room, entrance hall, and car park or storage if applicable. For each room, the checklist should record the condition of: walls (paint, wallpaper, plaster), ceiling, floor (tiles, parquet, carpet, marble), windows (frames, glass, locks, blinds), doors (frames, handles, locks), and light fittings.

Fixtures and Fittings: A separate section for built-in fixtures and fittings — kitchen appliances (refrigerator, oven, hob, cooker hood, dishwasher), bathroom fittings (bathtub, shower, basin, toilet, mirrors), air conditioning units (noting the make, model, and whether the filters are clean), water heater, and any furniture included in the tenancy.

Condition Rating: A simple rating for each item — Good, Fair, or Poor — with space for written description of any defect noted. Pre-existing damage should be described in sufficient detail to distinguish it from damage that might occur during the tenancy.

Photographic Record: Space to record the number and description of photographs taken, with date stamps matching the inspection date. Under the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) and the Small Claims Tribunal's evidentiary practice, photographs are frequently determinative evidence.

Meter Readings: Electricity meter reading (CLP Power or HK Electric), water sub-meter reading (if applicable), and gas meter reading (Towngas) at the date of inspection. Meter readings at move-in and move-out establish the tenant's utility obligations precisely.

Keys and Access Cards: A record of all keys, access cards, remote controls, and parking passes handed over, including a count of each. This prevents later disputes about missing keys.

Signatures: Signatures of both the landlord (or authorised agent) and the tenant, confirming that the checklist accurately records the condition of the property at the time of inspection. If any item is disputed, the disputed item should be noted with each party's separate observation.

Deposit Deduction Basis: A note confirming that the checklist will be used as the basis for any deposit deductions at the end of the tenancy, consistent with the principle that only damage beyond fair wear and tear may be charged to the tenant under Hong Kong tenancy law.

Forms-legal.com provides a free Hong Kong Move-In/Move-Out Checklist template with structured room-by-room sections for use in deposit disputes.

Section 3 of the Conveyancing and Property Ordinance (Cap. 219) addresses legal requirements for dealings in leasehold interests, which include the formal surrender of a tenancy. The checklist should be stored alongside the tenancy agreement and kept for at least six years after the tenancy ends in accordance with Section 6 of the Limitation Ordinance (Cap. 347). The Estate Agents Authority Code of Ethics requires estate agents licensed under the Estate Agents Ordinance (Cap. 511) to maintain accurate records of property inspections they conduct on behalf of landlords or tenants. Any dispute over deposit deductions that cannot be resolved directly should be referred to the Small Claims Tribunal under the Small Claims Tribunal Ordinance (Cap. 338), where a well-prepared checklist with supporting photographs is the primary evidence relied upon by adjudicators. For commercial tenancies, the Lands Tribunal under the Lands Tribunal Ordinance (Cap. 17) provides an alternative forum for larger disputes.