Hong Kong Case Law: Decisions & Judgments

Topic

Apportionment to sub-tenant

Legal area

Court

23 Jul 1983

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDNT23/1983

The Tribunal held that s.53A(4)(a) minimum multiples of rateable value operate only as a statutory floor; reasonable compensation must be the equivalent of the tenant's loss from being required to give up a protected tenancy early — measured by the value of the tenant's expected future use (the tenant's particular interest, capitalised) plus an allowance for disturbance — and not by past occupation or sentimental attachment or by reliance solely on a rateable-value formula.
23 Jul 1983

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDLA14/1983

Minimum compensation under s.53A(4)(a) is determined by the prescribed rateable-value multiple and length of occupation, but reasonable compensation under s.53A(2) is not confined to that formula; it must reflect the tenant's actual loss measured by the value of the tenant's expected future use of the protected tenancy plus an allowance for disturbance. Past occupation or sentimental value is not compensable. Sub-tenants are entitled to a proportion of the tenant's assessed compensation consistent with the values of their respective interests.
23 Jul 1983

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDLA16/1983

The statutory rateable-value formula in s.53A(4)(a) prescribes only minimum compensation; reasonable compensation must instead compensate the tenant's actual loss measured by the value of the tenant's expected future use of the protected tenancy (the tenant's particular interest) plus an allowance for disturbance; past occupation or sentimental attachment is not a monetary measure; sub-tenants receive apportioned shares of that assessed tenant interest.
23 Jul 1983

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDLA21/1983

Section 53A's prescribed multiples of rateable value constitute only a statutory minimum; reasonable compensation must be assessed by reference to the tenant's actual loss as the present value of the tenant's expected future use of the protected tenancy (capitalised profit rent over the relevant period) plus an allowance for disturbance; past occupation sentiment is not compensable and apportionment to sub-tenants is required but founded on the same valuation principles.
23 Jul 1983

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDLA6/1983

The Tribunal held that the statutory rateable-value formula in Section 53A(4)(a) creates only a minimum compensation floor; reasonable compensation must be assessed as the equivalent of the tenant's actual loss — principally the value of the tenant's expected future use of the premises (capitalised profit rent for the relevant period) plus reasonable disturbance costs — and not by reference to past occupation or sentimental value.
23 Jul 1983

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDNT9/1983

The Tribunal held that s53A(4)(a) minimum multiples of rateable value constitute a statutory floor only; reasonable compensation otherwise must reflect the tenant's actual loss measured by the value of expected future use (capitalised profit rent) plus an allowance for disturbance; past occupation or sentimental value is not a proper monetary measure; established valuation and disturbance principles apply to assess awards.
23 Jul 1983

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDNT10/1983

The Tribunal held that s.53A(4)(a) minimum multiples based on rateable value constitute a statutory floor only; reasonable compensation must be assessed as the tenant's actual loss measured by the value of the tenant's expected future use of the tenancy (capitalised profit rent over the relevant period) plus a disturbance allowance, and past occupation or sentimental value are not compensable measures of loss.
23 Jul 1983

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDNT11/1983

The Tribunal held that s.53A(4)(a) prescribes only a minimum compensation by reference to multiples of rateable value; reasonable compensation must be assessed by the tenant's actual loss measured as the value of the tenant's expected future use of the protected tenancy (capitalised profit rent over an appropriate period) plus a reasonable allowance for disturbance; past occupation or sentimental value is not a monetary measure of compensation; apportionment between principal and sub-tenants is required so that total does not exceed the tenant's interest value.