Leung Kit Hing v. Wah Foo Enterprises Co. Ltd.

Leung Kit Hing v. Wah Foo Enterprises Co. Ltd.

Tribunal accepted and adjusted the respondent's valuation comparables within the same building as reliable, gave greater weight to lettings commencing May 2000, rejected applicant's low rent estimate and unusual tenancy terms, fixed the prevailing market rent at $4,650 per Lunar month, ordered a new Part IV tenancy...

Source-derived case information.

Citation
Leung Kit Hing v. Wah Foo Enterprises Co. Ltd.
Parties
Applicant/tenant: Leung Kit Hing; Respondent/landlord: Wah Foo Enterprises Company Limited
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
7 December 2000
Case Number
LDNT55/2000
Procedural Posture
Part IV Application Under Landlord and Tenant (consolidation) Ordinance / Judgment (determination of Prevailing Market Rent and Grant of New Tenancy)
Outcome
Order granted for a new Part IV tenancy with rent fixed and costs awarded against applicant
Legal Topics
Prevailing Market Rent, Tenancy Duration, Tenancy Terms, Repair Obligations, Costs for Vexatious Conduct
Source Language
en
Landlord and Tenant Property Civil Procedure Prevailing Market Rent Tenancy Duration Tenancy Terms Repair Obligations Costs for Vexatious Conduct

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Summary, issues, holding and outcome

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Parties

Leung Kit Hing

Applicant/tenant

Wah Foo Enterprises Company Limited

Respondent/landlord

Procedural Posture

Part IV Application Under Landlord and Tenant (consolidation) Ordinance / Judgment (determination of Prevailing Market Rent and Grant of New Tenancy)

Legal Issues

  1. 1 Whether original Part I lease subsists
  2. 2 Date of commencement and duration of new Part IV tenancy
  3. 3 Determination of prevailing market rent under s.115

Ratio Decidendi

Tribunal accepted and adjusted the respondent's valuation comparables within the same building as reliable, gave greater weight to lettings commencing May 2000, rejected applicant's low rent estimate and unusual tenancy terms, fixed the prevailing market rent at $4,650 per Lunar month, ordered a new Part IV tenancy for two years commencing 3 May 2000, and ordered the applicant to pay one third of the respondent's costs for the 24 Aug 2000 and 17 Oct 2000 hearings due to vexatious conduct.

Court Disposition

Order granted for a new Part IV tenancy with rent fixed and costs awarded against applicant

Orders

  • New tenancy for 2 years from 3 May 2000
  • New rent fixed at HKD 4,650 per Lunar calendar month (exclusive of rates)