A landlord never had the tenancy agreement stamped. Which consequence follows under the Stamp Duty Ordinance?
Answer: It cannot be used in evidence in civil proceedings or registered until stamped, and late-stamping penalties apply. Why not the others: - Void: Lack of stamping does not avoid the tenancy. - Becomes a licence: Stamping does not change the nature of the arrangement. - Deposit forfeited to the Government: No such rule. Rule: An unstamped chargeable instrument cannot be registered in the Land Registry or received in evidence in civil proceedings (other than proceedings to recover duty) until duly stamped, and late stamping attracts penalties. Source: Stamp Duty Ordinance (Cap. 117), sections 9 and 15; EAA, A Study Guide to Estate Agency Law and Practice, Part 7, para 15; as at Oct 2026
Thinking an unstamped tenancy is void.
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