15 Oct 1984
LAI KIT LAU MUTUAL AID COMMITTEE v. COMMISSIONER OF RATING AND VALUATION
- Citation
- LAI KIT LAU MUTUAL AID COMMITTEE v. COMMISSIONER OF RATING AND VALUATION
- Court
- Lands Tribunal
- Case number
- LDRA9/1984
The Tribunal held that valuation is twofold: apply the statutory hypothetical tenancy to ascertain market rent but subject that hypothetical tenancy to any lawful ownership/user restrictions in the Crown lease; then value the physical tenement by its actual subsisting mode or character of occupation (community use as play area/committee room). On the facts the tenement was lawfully restricted to community use and the appellant was effectively the only hypothetical tenant, so the actual concessional rent of $4,560 pa constituted the best evidence of market rent; appeal allowed and rateable val…