Hong Kong Case Law: Decisions & Judgments

Topic

Certificate of increase of rent

Legal area

Court

7 Nov 1984

ANNA MA v. CHAN PANG YEN AND ANOTHER

Citation

ANNA MA v. CHAN PANG YEN AND ANOTHER
Court

Lands Tribunal
Case number

LDLA26/1984

Tribunal assessed prevailing market rent at $300 per month exclusive of rates, apportioned $8 per month rates from the current $218 to give an adjusted current rent of $210, applied the statutory formula (half the difference), and determined the allowable increase to be $45 per month effective 1 June 1984; appeal allowed in part and Commissioner's reviewed increase reduced accordingly.
31 Jan 1984

PACIFIC REALTY LTD v. LAM SAU MUI

Citation

PACIFIC REALTY LTD v. LAM SAU MUI
Court

Lands Tribunal
Case number

LDMP20/1983

The option in clause 4(i) was validly and unconditionally exercised by the tenant by notice in November 1979; payment of the increased rent was not a condition precedent to exercising the option; the duly exercised renewal created a further fixed three year term within the meaning of s74A(a) and accordingly Part II statutory machinery for increase of rent was excluded; the Commissioner's Certificate increasing rent under Part II is a nullity.
13 Sept 1983

LEE YU FONG v. CHEUNG WING MING

Citation

LEE YU FONG v. CHEUNG WING MING
Court

Lands Tribunal
Case number

LDLA15/1983

The Tribunal held the proper valuation date is the date of the Commissioner's certificate (21 Oct 1982) under the amended Section 49; the Commissioner erred in principally relying on averaging and insufficient comparable analysis; on analysed evidence the prevailing market rent was fixed at HKD 1,750 per month exclusive of rates as at 21 Oct 1982 and applying Section 58 produced a permitted increase of HKD 233, reducing the certified increase from HKD 385 to HKD 233.

Hong Kong Case Law

ANNA MA v. CHAN PANG YEN AND ANOTHER

PACIFIC REALTY LTD v. LAM SAU MUI

LEE YU FONG v. CHEUNG WING MING