Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

New tenancy terms
  • 30 Jul 2002

    Kamal G. Chulani v. Li Yee Hung

    Citation
    Kamal G. Chulani v. Li Yee Hung
    Court
    Lands Tribunal
    Case number
    LDNT373/2001

    The Tribunal accepted the respondent's expert valuation methodology restricting appropriate comparables to Flats 13, A13 and C2 (Comparables 4,5,6), averaged adjusted unit rates to $97.37 per sq.m. and applied that to the equivalent saleable area 42.05 sq.m. to determine the PMR at $4,100 per month (exclusive of rates and management fee); it refused to order rebates for payments made between 1996 and commencement because the Ordinance does not empower the Tribunal to grant such rebates for that period and declined to impose a standing order clause as an unusual term for a domestic tenancy.

  • 30 Oct 1982

    NORDIC ASIA LTD AND OTHERS v. STRAWBERRY HILL DEVELOPMENT LTD AND ANOTHER

    Citation
    NORDIC ASIA LTD AND OTHERS v. STRAWBERRY HILL DEVELOPMENT LTD AND ANOTHER
    Court
    Lands Tribunal
    Case number
    LDLA44/1982

    The statutory term "fair market rent" under Section 115(1) requires the Tribunal to fix the prevailing market rent for comparable premises excluding abnormal or non-typical transactions; it does not permit an independent reasonableness cap or a general discount for a corporate "package deal." Tenant inertia is a market factor and may justify adjustment only if present in the relevant comparables but was not significant on these facts. Other terms (duration, instalments, deposits, fittings, management charge allocation) were fixed under Sections 119I/119J, and the Tribunal set specific rents a…

  • 30 Oct 1982

    NORDIC ASIA LTD AND OTHERS v. STRAWBERRY HILL DEVELOPMENT LTD AND ANOTHER

    Citation
    NORDIC ASIA LTD AND OTHERS v. STRAWBERRY HILL DEVELOPMENT LTD AND ANOTHER
    Court
    Lands Tribunal
    Case number
    LDLA52/1982

    Under s115(1) "fair market rent" is the rent that would be obtained in the market (excluding rents that are atypical because of special or personal circumstances) and the Tribunal must not apply broader "reasonableness" criteria or discount for a generalized corporate "package deal"; tenant inertia and other market factors may be considered only insofar as they are shown in the market comparables and the effect of Part IV is to be disregarded in assessing fair market rent.