RUTH KING v. NIGEL SMITH

RUTH KING v. NIGEL SMITH

The Tribunal granted the new tenancy for two years commencing 1 May 2004 with the same other terms as the previous tenancy because the applicant was entitled to a 2‑year term under the former Part IV regime and the respondent, having purchased the property less than one year earlier, could not establish self‑occupation to reduce the term; on valuation the Tribunal preferred and adopted the applicant's surveyor's measured roof area (128.29 sq.m.), the 1/10 roof conversion factor, selected and adjusted comparables primarily from the same building, adopted a lump‑sum air‑conditioning monthly equivalent of $560 and moderated car park adjustments, reconciled adjusted unit rates to an average...

Citation
RUTH KING v. NIGEL SMITH
Parties
Applicant: Ruth King; Respondent: Nigel Smith
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
23 March 2005
Case Number
LDNT59/2004
Procedural Posture
New Tenancy Application (lands Tribunal) / Final Judgment
Outcome
New tenancy granted to Applicant for two years commencing 1 May 2004 at rent $33,100 per month; no order as to costs.
Legal Topics
New Tenancy, Prevailing Market Rent, Saleable Area Dispute, Roof Area Valuation, Expert Evidence Admissibility, Duration of Tenancy, Costs, Car Parking Valuation, Repairs Allowance
Source Language
EN
Landlord and Tenant Law Property Valuation Civil Procedure New Tenancy Prevailing Market Rent Saleable Area Dispute Roof Area Valuation Expert Evidence Admissibility +4 more

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Parties

Ruth King

Applicant

Nigel Smith

Respondent

Procedural Posture

New Tenancy Application (lands Tribunal) / Final Judgment

Legal Issues

  1. 1 Opposition to granting a new tenancy
  2. 2 Duration of new tenancy
  3. 3 Whether tenant may elect earlier determination

Ratio Decidendi

The Tribunal granted the new tenancy for two years commencing 1 May 2004 with the same other terms as the previous tenancy because the applicant was entitled to a 2‑year term under the former Part IV regime and the respondent, having purchased the property less than one year earlier, could not establish self‑occupation to reduce the term; on valuation the Tribunal preferred and adopted the applicant's surveyor's measured roof area (128.29 sq.m.), the 1/10 roof conversion factor, selected and adjusted comparables primarily from the same building, adopted a lump‑sum air‑conditioning monthly equivalent of $560 and moderated car park adjustments, reconciled adjusted unit rates to an average...

Court Disposition

New tenancy granted to Applicant for two years commencing 1 May 2004 at rent $33,100 per month; no order as to costs.

Orders

  • Fixed term of two years commencing 1 May 2004
  • Rent fixed at $33,100 per month, exclusive of rates and management fee but inclusive of top Roof and Car Parking Space 39