Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

New tenancy

  • 5 May 2005

    STEPHEN PETER STUART WEATHERSEED v. MIGHTY UNIT CO LTD

    Citation
    STEPHEN PETER STUART WEATHERSEED v. MIGHTY UNIT CO LTD
    Court
    Lands Tribunal
    Case number
    LDNT163/2004

    The Tribunal determined the monthly rent at HK$24,200 inclusive by preferring the Rating & Valuation Department area figures, adopting reduced adjustments for internal condition and water pressure after rejecting extremes from both experts, applying an agreed midpoint for car parking rent, applying a +2% adjustment for the 3-year term, and holding that the respondent's conduct was not frivolous or vexatious so no costs were awarded.

  • 23 Mar 2005

    RUTH KING v. NIGEL SMITH

    Citation
    RUTH KING v. NIGEL SMITH
    Court
    Lands Tribunal
    Case number
    LDNT59/2004

    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 equ…

  • 2 Feb 2005

    JOHN RAYMOND WYTT v. YUE HING LAND INVESTMENT CO LTD

    Citation
    JOHN RAYMOND WYTT v. YUE HING LAND INVESTMENT CO LTD
    Court
    Lands Tribunal
    Case number
    LDNT24/2001

    Grant a two year new tenancy commencing 21 January 2001 because the respondent failed to demonstrate special circumstances justifying a later commencement date, a later date would prejudice the applicant financially and the respondent did not nominate a specific later date; accept the applicant's expert valuation with a minor upward adjustment resulting in a fixed market rent of HK$44,000 per month; refuse interest on refunds for lack of jurisdiction.

  • 11 Aug 2004

    AMERICAN INTERNATIONAL ASSURANCE CO LTD v. HOCK KIM THYE (MACHINERY) LTD

    Citation
    AMERICAN INTERNATIONAL ASSURANCE CO LTD v. HOCK KIM THYE (MACHINERY) LTD
    Court
    Lands Tribunal
    Case number
    LDNT26/2004

    Respondent's opposition was dismissed because the landlord's correspondence amounted to reminders rather than statutory warning letters required by s.119E(1)(d), and the non-statutory grounds (repairs complaints and alleged unreasonable rent) did not justify refusal. The Tribunal found defects in the applicant's valuation methodology (use of older comparables, insufficient comparables, inappropriate time adjustments) and revised the valuation. On the evidence the Tribunal granted a new two-year tenancy from 1 March 2004 and fixed rent at HK$105,000 per month, with a deposit of HK$210,000; par…

  • 6 Jul 2004

    HAR BOON CHER v. HUNG FAT CHEUNG INVESTORS LTD

    Citation
    HAR BOON CHER v. HUNG FAT CHEUNG INVESTORS LTD
    Court
    Lands Tribunal
    Case number
    LDNT10/2004

    The Tribunal accepted the Respondent's redevelopment intention as sufficiently credible to justify curtailing the previous two-year terms but found it unfair to require the five applicants to vacate earlier than the ground floor tenants; accordingly tenancies were fixed from 1 February 2004 up to 31 July 2005, market rents for LDNT 8/2004 and LDNT 10/2004 were determined by adjusted comparables at HK$14,000 and HK$10,000 per month respectively (exclusive of government rent, management fee and rates), and the Tribunal declined to adjudicate on management fee quantum.

  • 6 Jul 2004

    INA MUELLER v. HUNG FAT CHEUNG INVESTORS LTD

    Citation
    INA MUELLER v. HUNG FAT CHEUNG INVESTORS LTD
    Court
    Lands Tribunal
    Case number
    LDNT5/2004

    The Tribunal accepted that the Respondent's redevelopment intention was credible but not sufficiently compelling to require the five applicants to vacate earlier than the ground-floor tenants; accordingly a limited shorter term was justified but the minimum term must run until 31 July 2005. Market rents for LDNT 8 and LDNT 10 were determined by adjusted comparables from the Rating & Valuation schedule yielding $14,000 and $10,000 per month respectively. Management fee disputes fall outside the Tribunal's jurisdiction and are to be resolved by owners/management processes.

  • 6 Jul 2004

    CHANG YING v. HUNG FAT CHEUNG INVESTORS LTD

    Citation
    CHANG YING v. HUNG FAT CHEUNG INVESTORS LTD
    Court
    Lands Tribunal
    Case number
    LDNT9/2004

    The Tribunal accepted the respondent's redevelopment intention as sufficiently credible on available evidence but held that applicants should not be required to vacate before the effective termination dates of ground floor tenancies; therefore granted tenancies for all five applicants from 1 February 2004 to 31 July 2005, fixed monthly rents for LDNT 8/2004 at HKD 14,000 and LDNT 10/2004 at HKD 10,000 exclusive of management fee, rates and government rent, left other tenancy conditions unchanged, and ordered each party to bear their own costs.

  • 6 Jul 2004

    ANDREW KEITH AND RODERICK MURRAY v. HUNG FAT CHEUNG INVESTORS LTD

    Citation
    ANDREW KEITH AND RODERICK MURRAY v. HUNG FAT CHEUNG INVESTORS LTD
    Court
    Lands Tribunal
    Case number
    LDNT8/2004

    The Tribunal accepted the respondent's redevelopment intention as sufficiently genuine to justify departing from two-year tenancies but, given the existence of ground-floor tenancies that could only be effectively determined in July 2005, set a minimum tenancy term to 31 July 2005 (effective from 1 Feb 2004). Market rent was calculated using Rating and Valuation Department comparables with deductions and adjustments for parking, management fee, rates and chattels, producing monthly rents of HKD 14,000 for LDNT 8/2004 and HKD 10,000 for LDNT 10/2004. The Tribunal declined to adjudicate managem…

  • 24 Jun 2004

    CHUI PAK KUT v. KU MEI FUNG AND ANOTHER

    Citation
    CHUI PAK KUT v. KU MEI FUNG AND ANOTHER
    Court
    Lands Tribunal
    Case number
    LDNT156/2003

    Under the amended Ordinance s.119D(4) the Tribunal may for good cause entertain a late application; on the facts the Applicant established good cause (ongoing negotiations and relief against forfeiture) so the Tribunal granted an extension, determined a two-year new tenancy commencing 13 September 2003 and fixed the PMR at $8,700 per month exclusive of rates and management fee.

  • 16 Jun 2004

    何永鴻 v. 偉福置業有限公司

    Citation
    何永鴻 v. 偉福置業有限公司
    Court
    Lands Tribunal
    Case number
    LDNT166/2003

    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.