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SQESalespersons Qualifying Examination✓EAQEEstate Agents Qualifying ExaminationA tenant wants to open a restaurant in a ground-floor shop on an old Hong Kong Island lot. The Government lease contains an 'offensive trade' clause that lists 'victualler'. What should the agent advise?
Answer: The clause may still bar restaurant use; removal needs Government approval and usually a fee. Why not the others: - No legal effect: Archaic language does not make a lease covenant unenforceable. - Only butchers and blacksmiths: 'Victualler' (a seller of food and drink) is listed and may catch restaurant use. - Landlord waiver: Only the Government, as lessor, can waive or remove a lease restriction. Rule: Older Government leases may prohibit 'offensive trades', including victualler; removal requires the Government's approval, usually on payment of a fee. Source: EAA, A Study Guide to Estate Agency Law and Practice, Part 4, para 18; Lands Department practice; as at Oct 2026
Dismissing old lease covenants as dead letters.
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Start practising →An original question written to the published EAQE syllabus. Figures in the explanation carry their effective dates; check them against the current law before relying on them. Independent exam practice. Not affiliated with or endorsed by the Estate Agents Authority (EAA) or the examination administrator.