Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Rental evidence

Legal area

Court

15 Dec 2000

A. N. Forsyth v. Banbury Investments Ltd.

Citation

A. N. Forsyth v. Banbury Investments Ltd.
Court

Lands Tribunal
Case number

LDNT306/2000

Tribunal accepted and relied on the Flat E4 transaction as the only relevant comparable, made quantified adjustments for absence of covered car park (-$1,000), value of roof (-$2,045), benefits of lower floor and avoidance of solar heating (+2% each), and a time adjustment (+2.5%) and held that Rateable Value should not replace direct rental evidence; therefore determined prevailing market rent exclusive of rates as $20,400 per month.
31 Oct 1985

LEUNG WAI KEE v. COMMISSIONER OF RATING & VALUATION

Citation

LEUNG WAI KEE v. COMMISSIONER OF RATING & VALUATION
Court

Lands Tribunal
Case number

LDRA165/1984

The Tribunal preferred direct comparison with market rents negotiated inclusive of rates, made a judgmental adjustment for superior/detrimental attributes (front v rear, bottle dealer, light and air), fixed the 5th floor at $1,800 inclusive (equating to $1,700 exclusive after allowing $100 for rates), accepted and rounded the rooftop value to $800 per month, resulting in a combined monthly exclusive rent of $2,500 and a rateable value of $30,000; insufficient evidence justified larger deductions and the comparables supported the adjustment made.