Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Covenant to repair

Legal area

Court

16 May 2022

HONG KONG ALZHEIMER\'S DISEASE ASSOCIATION v. WILL RICH LTD AND ANOTHER

Citation

[2022] HKDC 304
Court

District Court
Case number

DCCJ2851/2016

The burst U-bend formed part of the sewage apparatus used exclusively by the tenant; the covenant to repair in the lease covers such sanitary and water apparatus; tenant had actual or constructive knowledge, failed to inspect and maintain, allowed grease and food residue into the system, failed to obtain professional remediation and refused to stop using water after notice thereby causing and aggravating the leakage; fair wear and tear was not proved and so did not absolve tenant; accordingly the tenant (2nd defendant) is liable in contract (indemnity under the covenant), negligence and nuisa…
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.