PETER LUK YU KWAN v. HO HING CHEUNG

PETER LUK YU KWAN v. HO HING CHEUNG

Using available comparables and reasoned adjustments for inferior features and carpark value, the Tribunal fixed the new rent at $5,600 per month for two years from 10.12.1985 because that figure best reflected market value after considering the 19th floor comparable, adjoining-block comparables and a reduced notional carpark component.

Citation
PETER LUK YU KWAN v. HO HING CHEUNG
Parties
Applicant (tenant): Peter Luk Yu Kwan; Respondent (landlord): Ho Hing Cheung
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
2 May 1986
Case Number
LDLA1384/1985
Procedural Posture
Landlord and Tenant — Part IV New Tenancy Application / Determination (judgment)
Outcome
Application granted in part; new tenancy granted and rent fixed.
Legal Topics
Part IV Transfer Under Section 51 B, Determination of Market Rent for New Tenancy, Use of Comparables and Adjustments, Valuation/apportionment of Carpark in Rent
Source Language
EN
Landlord and Tenant Law Rent Assessment Property Law Part IV Transfer Under Section 51 B Determination of Market Rent for New Tenancy Use of Comparables and Adjustments Valuation/apportionment of Carpark in Rent

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Parties

Peter Luk Yu Kwan

Applicant (tenant)

Ho Hing Cheung

Respondent (landlord)

Procedural Posture

Landlord and Tenant — Part IV New Tenancy Application / Determination (judgment)

Legal Issues

  1. 1 What is the prevailing market rent for the new Part IV tenancy after transfer from Part II?
  2. 2 Whether and how to apportion value of carpark from global lettings
  3. 3 Which comparables and adjustments correctly reflect market value

Ratio Decidendi

Using available comparables and reasoned adjustments for inferior features and carpark value, the Tribunal fixed the new rent at $5,600 per month for two years from 10.12.1985 because that figure best reflected market value after considering the 19th floor comparable, adjoining-block comparables and a reduced notional carpark component.

Court Disposition

Application granted in part; new tenancy granted and rent fixed.

Orders

  • A new tenancy is granted for 2 years from 10.12.85 at $5,600 per month exclusive of rates and maintenance charges.
  • The deposit shall be $11,200.