何永鴻 v. 偉福置業有限公司

何永鴻 v. 偉福置業有限公司

On review the Tribunal rejected the Applicant's proposed changes to adjustments for Age/Condition, Quantum and Building Entrance but accepted that the exceptionally high management fee warranted an adjustment to exclusive rent; the Tribunal reduced the estimated exclusive rent by 20% (from the previously determined figure) to HKD 12,960 and set the gross rent inclusive of management fee at HKD 17,100 plus applicable Government rates; the deposit was retained at two months and there was no order as to costs.

Citation
何永鴻 v. 偉福置業有限公司
Parties
Applicant (tenant): Mr. Ho Wing Hung; Respondent (landlord): Respondent
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
16 June 2004
Case Number
LDNT166/2003
Procedural Posture
New Tenancy Application; Review Under Section 11 a Lands Tribunal Ordinance (cap. 17) / Review Hearing and Judgment
Outcome
Review allowed in part; prior Orders Nos.2 and 3 varied as set out below; other prior orders unchanged; no order as to costs.
Legal Topics
New Tenancy, Rent Assessment, Management Fee, Government Rates, Deposit, Valuation Adjustments
Source Language
EN
Landlord and Tenant Property Valuation Tribunal Procedure New Tenancy Rent Assessment Management Fee Government Rates Deposit +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Mr. Ho Wing Hung

Applicant (tenant)

Respondent

Respondent (landlord)

Procedural Posture

New Tenancy Application; Review Under Section 11 a Lands Tribunal Ordinance (cap. 17) / Review Hearing and Judgment

Legal Issues

  1. 1 Whether the Tribunal should vary its prior rental determination on review
  2. 2 Appropriate basis (inclusive/exclusive) for rent and management fee in the new tenancy
  3. 3 Whether exceptionally high management fee justifies adjustment to market rent

Ratio Decidendi

On review the Tribunal rejected the Applicant's proposed changes to adjustments for Age/Condition, Quantum and Building Entrance but accepted that the exceptionally high management fee warranted an adjustment to exclusive rent; the Tribunal reduced the estimated exclusive rent by 20% (from the previously determined figure) to HKD 12,960 and set the gross rent inclusive of management fee at HKD 17,100 plus applicable Government rates; the deposit was retained at two months and there was no order as to costs.

Court Disposition

Review allowed in part; prior Orders Nos.2 and 3 varied as set out below; other prior orders unchanged; no order as to costs.

Orders

  • New rent at HKD 17,100 per month (inclusive of management fee), plus applicable Government rates for quarter periods during the new tenancy; leave to the Respondent to pay the Applicant any over-payment of rent within one month
  • Deposit to be paid by the Applicant to the Respondent consisting of (a) 2 months rents of HKD 34,200 and (b) 2 months Government rates of HKD 1,466 (based on quarter 1 Jan 2004 to 31 Mar 2004); leave to the Respondent to pay the Applicant any adjustment within one month