Hong Kong Case Law: Decisions & Judgments

Topic

Waiver by acceptance of rent

Legal area

Court

20 Aug 2010

PO ON AUTO ACCESSORY CO LTD v. GRAND FAITH HOLDINGS LTD

Citation

PO ON AUTO ACCESSORY CO LTD v. GRAND FAITH HOLDINGS LTD
Court

Court of First Instance
Case number

HCA180/2010

The court found triable issues and credible factual disputes on whether instalments were due strictly on the 1st and whether plaintiff's acceptance of late payments amounted to waiver; there are also triable issues on the origins of illegal structures and on responsibilities for repairs meaning summary judgment on the bulk of plaintiff's claims was inappropriate; however the defendant had no arguable defence to liability for costs to repair water leakage under the lease terms and indemnity clauses, so interlocutory judgment on liability for those damages was granted to plaintiff while leave t…
25 May 1981

CHAN WING WAH v. WONG SAI KUEN AND OTHERS

Citation

CHAN WING WAH v. WONG SAI KUEN AND OTHERS
Court

District Court
Case number

DCCJ5506/1980

The court held that Part II creates a statutory continuance of the contractual term (not a replacement statutory tenancy) so waiver by the landlord during the contractual term survives into the statutory continuance; facts arising during the contractual term (even if not then actionable) may be relied on to establish waiver after expiry; applying these principles the plaintiff's ground of unlawful subletting failed and, on balance of hardship and the 'manifestly not just and equitable' test, the plaintiff's claim for possession for occupation also failed.
12 Mar 1979

MODY HOLDINGS LTD v. SYLVIA SETO

Citation

MODY HOLDINGS LTD v. SYLVIA SETO
Court

Court of Appeal
Case number

CACV14/1978

The deed of covenant did not create a 15‑year lease nor a binding option to grant the additional eight years; the tenant committed a continuing breach of the covenant to repair by carrying out unauthorised/illegal alterations (no implied consent to illegal works); a valid tender removed the right to forfeit for non‑payment as at the date of the writ; equitable relief against forfeiture was refused because the lease had expired and relief would have been futile; consequently the landlord was entitled to possession and the counterclaim failed.
5 Jul 1978

CHAN HING AND OTHERS v. LAI KWONG AND OTHERS

Citation

CHAN HING AND OTHERS v. LAI KWONG AND OTHERS
Court

Court of First Instance
Case number

HCA1343/1977

The court found rectification not proved and that the parties had agreed clause 2(j) remain with an assurance that written consent to sublet would be readily given if sought; the first defendant nonetheless sublet the whole premises without written consent, committing a breach that entitled the plaintiffs to forfeit. The plaintiffs did not have actual knowledge of the subletting amounting to waiver when rent was accepted, so forfeiture was valid; therefore judgment for plaintiffs for possession, forfeiture of the deposit and mesne profits with costs.

Hong Kong Case Law

PO ON AUTO ACCESSORY CO LTD v. GRAND FAITH HOLDINGS LTD

CHAN WING WAH v. WONG SAI KUEN AND OTHERS

MODY HOLDINGS LTD v. SYLVIA SETO

CHAN HING AND OTHERS v. LAI KWONG AND OTHERS