Hong Kong Case Law: Decisions & Judgments

Topic

Periodic tenancy

Legal area

Court

3 May 2024

EXPLORER 1881 LTD v. CONCEPT 1 OCEAN (HONG KONG) LTD

Citation

[2024] HKLdT 37
Court

Lands Tribunal
Case number

LDPD246/2024

The Tribunal admitted the Intended Respondent as a respondent because on the balance of probabilities the Intended Respondent remained in possession and the applicant failed to prove eviction or that the 2014 tenant had surrendered possession to the 2020 tenant; however the substantive application for possession was dismissed for lack of jurisdiction because the applicant was not the registered owner and there was no evidence the applicant had the requisite possession to bring the claim.
19 Apr 2024

YIM YAU YING v. WONG CHE (or CHEE) SING

Citation

[2024] HKDC 480
Court

District Court
Case number

DCCJ1899/2019

The claim was dismissed because the plaintiff failed to prove the requisite animus possidendi since 1976; the defendant consistently manifested ownership through dealings with RVD and the Water Authority, remained registered for rates, and produced contemporaneous records of rent contacts (including 1995), which negated any abandonment; the tenancy had converted to a periodic tenancy and the defendant's right to recover accrued on service of the Notice to Quit on 25 January 2018; accordingly the plaintiff did not acquire title by adverse possession and the defendant remains legal owner.
7 Aug 2023

丁雪松對丁愿(原名周東勝)

Citation

[2023] HKLdT 54
Court

Lands Tribunal
Case number

LDPD659/2023

Respondent admitted not being registered owner and admitted paying rent; those facts established a periodic tenancy ended by applicant's notice; respondent produced no arguable legal ground of error on law for appeal and failed Ladd v Marshall by not showing reasonable diligence or material impact of late documents; consequently leave to appeal was refused and costs awarded.
19 Aug 2022

CHINA TRAVEL LOGISTICS AND TRADING HONG KONG v. CHINA TRAVEL HIP KEE GODOWN HONG KONG LTD

Citation

[2022] HKCFI 2510
Court

Court of First Instance
Case number

HCA693/2021

Although the plaintiff raised serious issues to be tried on estoppel, periodic tenancy and clause 2.5 entitlement, the court refused the interlocutory injunction because damages were not shown to be an inadequate remedy for the limited part of occupation in dispute, the plaintiff had substantially reduced occupation, the defendant could validly serve termination notices within a short period, and overall the balance of convenience favoured refusal; accordingly the Interim Order was discharged and the plaintiff's summons dismissed.
23 Feb 2022

顏僑生作為已故顏炳的遺囑執行人 V. Estate of 陳發, Deceased

Citation

[2022] HKDC 99
Court

District Court
Case number

DCCJ2985/2015

A monthly periodic tenancy was inferred from continued rent payments and was terminated by non-payment from 1 November 2007; denial of landlord’s title by the tenant disentitles the tenant to notice to quit and permits immediate repossession; plaintiff as executor had standing; plaintiff entitled to mesne profits at HK$350 per month from 1 November 2007 until delivery of vacant possession; pre-judgment interest on mesne profits declined; post-judgment interest awarded under s50 DCO; costs to be awarded nisi.
22 Jan 2021

黃潔貞對和穎

Citation

[2021] HKCA 74
Court

Court of Appeal
Case number

CAMP129/2020

The Court concluded the defendants’ grounds were disordered, unsupported by evidence and legally insufficient; the tenancies became periodic monthly after expiry of the fixed terms; acceptance of rent did not demonstrate a common intention to renew the tenancies; therefore the applicants had no reasonable prospect of success and leave to appeal was refused; costs were awarded to the plaintiff.
22 Jan 2021

黃潔貞對周富平

Citation

[2021] HKCA 74
Court

Court of Appeal
Case number

CAMP149/2020

The Court of Appeal held the appellants failed to show any reasonable prospect of success: the evidence supported a periodic monthly tenancy after the fixed term and the termination notices and subsequent conduct by the landlord did not create a legitimate defence; alleged procedural irregularities were immaterial; therefore leave to appeal was refused and costs awarded.
22 Jul 2020

黃潔貞對周富平

Citation

[2020] HKDC 548
Court

District Court
Case number

DCCJ5936/2018

The court found the documentary and payment evidence established the post‑term arrangement as a monthly periodic tenancy, not a two‑year fixed tenancy; the applicants therefore lacked a reasonable prospect of success on appeal, so permission to appeal and a stay were refused and strike‑out applications dismissed; interim costs orders were made in favour of the plaintiff with specified assessed amounts.
17 Mar 2020

黃潔貞對周富平

Citation

[2020] HKDC 107
Court

District Court
Case number

DCCJ5936/2018

The court held that after expiry of the fixed terms continued monthly payment of rent created periodic monthly tenancies; the landlord validly served termination notices and showed no common intention to renew; defendants failed to demonstrate real defenses or triable issues, therefore summary judgment for possession and mesne profits was appropriate and the principal counterclaim was struck out.
17 Mar 2020

黃潔貞對曾進求

Citation

[2020] HKDC 107
Court

District Court
Case number

DCCJ5938/2018

The court found that after expiry of the fixed terms the parties' conduct (monthly rent payments) converted the arrangements into periodic monthly tenancies; defendants failed to demonstrate any bona fide triable defence or credible evidence of a two‑year automatic renewal or life tenancy; receipt of rent after notice did not evidence mutual intention to create a new tenancy given plaintiff's explanation and ongoing recovery steps; accordingly summary judgment was appropriate and mesne profits payable at the previous monthly rents from the dates each defendant ceased paying until vacation; th…