Andor Hampala v. Nice Holdings Ltd.

Andor Hampala v. Nice Holdings Ltd.

The Tribunal adopted the direct comparison method, preferred certain adjustments proposed by the applicant's valuer (notably time adjustments via Jones Lang LaSalle index, floor and size adjustments, and internal condition allowances), accepted the Rating & Valuation Department area for roof, treated the car parking as equivalent to a normal covered car park ($2,000/month), adopted an average adjusted unit rate of $166/sq.m applied to an equivalent area of 200.56 sq.m, deducted $363 for air‑conditioning allowance, fixed the prevailing market rent at $33,000 per month (exclusive of rates and management), and refused the proposed amendments to the tenancy clauses.

Citation
Andor Hampala v. Nice Holdings Ltd.
Parties
Applicant (tenant): Andor Hampala; Respondent (landlord): Nice Holdings Limited
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
25 August 2000
Case Number
LDNT73/2000
Procedural Posture
Tenancy Renewal and Market Rent Determination / Judgment
Outcome
Renewal granted at fixed rent; amendment of tenancy clauses refused.
Legal Topics
Market Rent Determination, Comparables Valuation, Lease Clause Amendment, Repair Covenant, Car Park Valuation
Source Language
EN
Landlord and Tenant Property Valuation Lease Renewal Contract Variation Market Rent Determination Comparables Valuation Lease Clause Amendment Repair Covenant +1 more

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Parties

Andor Hampala

Applicant (tenant)

Nice Holdings Limited

Respondent (landlord)

Procedural Posture

Tenancy Renewal and Market Rent Determination / Judgment

Legal Issues

  1. 1 What is the prevailing market rent for the new 18‑month tenancy commencing 10 March 2000?
  2. 2 Whether the Tribunal should amend specified clauses of the existing tenancy to form the new tenancy.
  3. 3 Appropriate choice and adjustment of comparables and valuation methodology (area, time, age, condition, car parking value, air‑conditioning allowance).

Ratio Decidendi

The Tribunal adopted the direct comparison method, preferred certain adjustments proposed by the applicant's valuer (notably time adjustments via Jones Lang LaSalle index, floor and size adjustments, and internal condition allowances), accepted the Rating & Valuation Department area for roof, treated the car parking as equivalent to a normal covered car park ($2,000/month), adopted an average adjusted unit rate of $166/sq.m applied to an equivalent area of 200.56 sq.m, deducted $363 for air‑conditioning allowance, fixed the prevailing market rent at $33,000 per month (exclusive of rates and management), and refused the proposed amendments to the tenancy clauses.

Court Disposition

Renewal granted at fixed rent; amendment of tenancy clauses refused.

Orders

  • New tenancy granted for 18 months from 10 March 2000.
  • New rent fixed at HKD 33,000 per month (exclusive of rates and management charges).