Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Consent to underlet
  • 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.