Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Consent to sub-let

  • 26 Nov 1980

    LO WAH AND ANOTHER v. CHUI FUN

    Citation
    LO WAH AND ANOTHER v. CHUI FUN
    Court
    Court of Appeal
    Case number
    CACV152/1980

    s.52(1) makes contractual tenancy incapable of termination during Part II so a landlord may obtain possession under s.53(2) without prior determination of the head-tenancy; an oral/unauthorised consent did not estop enforcement of the statutory right; s.53(5)/(6) do not bar making an effective possession order against a sub-tenant, therefore the sub-tenant was not protected and the possession order against both defendants was proper.

  • 18 Nov 1980

    SO YUET-WAH v. WONG (OR WANG) TEH-AI

    Citation
    SO YUET-WAH v. WONG (OR WANG) TEH-AI
    Court
    Court of Appeal
    Case number
    CACV136/1980

    The Court held the letter written in the plaintiff's name, authored by a friend who was authorised to obtain a rent increase, constituted consent/representation that the plaintiff accepted the sub‑letting; consequently the plaintiff was estopped from relying on the sub‑lettings as a ground for possession under s.53(2)(e), and the appeal was allowed.