Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Tenant identity

  • 31 Dec 2024

    HANTEC INVESTMENT LTD v. LAM KAN YAU

    Citation
    [2024] HKLdT 105
    Court
    Lands Tribunal
    Case number
    LDPE393/2022

    On an objective assessment of conduct, documents and communications, the Tribunal found an outward consensus that Mr Lam held himself out as the contracting party during the Material Period and thus occupied the Subject Lots as tenant at will; his personal signatures on the Demolition Plan and Draft License Agreement, demand letters addressed to him, and Hantec’s negotiation stance justified imputing a tenancy at will; the tenancy at will was validly terminated by notices dated 27 May 2021 and 21 June 2021; mesne profits were assessed by adopting market reality valuation methodology and compa…

  • 26 Sept 2014

    TANG FUNG YIU DORA AND ANOTHER v. CHONG PUI HANG

    Citation
    TANG FUNG YIU DORA AND ANOTHER v. CHONG PUI HANG
    Court
    Lands Tribunal
    Case number
    LDPE523/2014

    On the balance of probabilities the contemporaneous Whatsapp messages and documents demonstrated that DIM, not the respondent personally, was the tenant under the 2nd tenancy agreement; unilateral insertion of the respondent's HKID or the landlord's later amendment before stamping did not establish a prior agreement making the respondent personally liable; therefore the applicants' possession claim against the respondent personally failed as a total defence.