Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Duration of tenancy

  • 23 Mar 2005

    RUTH KING v. NIGEL SMITH

    Citation
    RUTH KING v. NIGEL SMITH
    Court
    Lands Tribunal
    Case number
    LDNT59/2004

    The Tribunal granted the new tenancy for two years commencing 1 May 2004 with the same other terms as the previous tenancy because the applicant was entitled to a 2‑year term under the former Part IV regime and the respondent, having purchased the property less than one year earlier, could not establish self‑occupation to reduce the term; on valuation the Tribunal preferred and adopted the applicant's surveyor's measured roof area (128.29 sq.m.), the 1/10 roof conversion factor, selected and adjusted comparables primarily from the same building, adopted a lump‑sum air‑conditioning monthly equ…

  • 6 Jul 2004

    HAR BOON CHER v. HUNG FAT CHEUNG INVESTORS LTD

    Citation
    HAR BOON CHER v. HUNG FAT CHEUNG INVESTORS LTD
    Court
    Lands Tribunal
    Case number
    LDNT10/2004

    The Tribunal accepted the Respondent's redevelopment intention as sufficiently credible to justify curtailing the previous two-year terms but found it unfair to require the five applicants to vacate earlier than the ground floor tenants; accordingly tenancies were fixed from 1 February 2004 up to 31 July 2005, market rents for LDNT 8/2004 and LDNT 10/2004 were determined by adjusted comparables at HK$14,000 and HK$10,000 per month respectively (exclusive of government rent, management fee and rates), and the Tribunal declined to adjudicate on management fee quantum.

  • 6 Jul 2004

    INA MUELLER v. HUNG FAT CHEUNG INVESTORS LTD

    Citation
    INA MUELLER v. HUNG FAT CHEUNG INVESTORS LTD
    Court
    Lands Tribunal
    Case number
    LDNT5/2004

    The Tribunal accepted that the Respondent's redevelopment intention was credible but not sufficiently compelling to require the five applicants to vacate earlier than the ground-floor tenants; accordingly a limited shorter term was justified but the minimum term must run until 31 July 2005. Market rents for LDNT 8 and LDNT 10 were determined by adjusted comparables from the Rating & Valuation schedule yielding $14,000 and $10,000 per month respectively. Management fee disputes fall outside the Tribunal's jurisdiction and are to be resolved by owners/management processes.

  • 6 Jul 2004

    CHANG YING v. HUNG FAT CHEUNG INVESTORS LTD

    Citation
    CHANG YING v. HUNG FAT CHEUNG INVESTORS LTD
    Court
    Lands Tribunal
    Case number
    LDNT9/2004

    The Tribunal accepted the respondent's redevelopment intention as sufficiently credible on available evidence but held that applicants should not be required to vacate before the effective termination dates of ground floor tenancies; therefore granted tenancies for all five applicants from 1 February 2004 to 31 July 2005, fixed monthly rents for LDNT 8/2004 at HKD 14,000 and LDNT 10/2004 at HKD 10,000 exclusive of management fee, rates and government rent, left other tenancy conditions unchanged, and ordered each party to bear their own costs.

  • 6 Jul 2004

    BRAD SCHADEWITZ v. HUNG FAT CHEUNG INVESTORS LTD

    Citation
    BRAD SCHADEWITZ v. HUNG FAT CHEUNG INVESTORS LTD
    Court
    Lands Tribunal
    Case number
    LDNT14/2004

    The Tribunal accepted the respondent's redevelopment intention as sufficiently real to justify shortening tenancies but found it unfair to require applicants to vacate earlier than the earliest effective reclaimable possession date for the ground floor units; accordingly, all five applications were granted one-year-plus extensions to 31 July 2005 effective from 1 February 2004, rents for LDNT 8/2004 and LDNT 10/2004 were fixed at HKD 14,000 and HKD 10,000 per month respectively (exclusive of management fee, rates and government rent), other tenancy terms remain, and each party bears their own…

  • 6 Jul 2004

    ANDREW KEITH AND RODERICK MURRAY v. HUNG FAT CHEUNG INVESTORS LTD

    Citation
    ANDREW KEITH AND RODERICK MURRAY v. HUNG FAT CHEUNG INVESTORS LTD
    Court
    Lands Tribunal
    Case number
    LDNT8/2004

    The Tribunal accepted the respondent's redevelopment intention as sufficiently genuine to justify departing from two-year tenancies but, given the existence of ground-floor tenancies that could only be effectively determined in July 2005, set a minimum tenancy term to 31 July 2005 (effective from 1 Feb 2004). Market rent was calculated using Rating and Valuation Department comparables with deductions and adjustments for parking, management fee, rates and chattels, producing monthly rents of HKD 14,000 for LDNT 8/2004 and HKD 10,000 for LDNT 10/2004. The Tribunal declined to adjudicate managem…

  • 29 Apr 1988

    KINGSLEY SHIH AND ANOTHER v. WAH YING CHEONG CO LTD.

    Citation
    KINGSLEY SHIH AND ANOTHER v. WAH YING CHEONG CO LTD.
    Court
    Lands Tribunal
    Case number
    LDLA3728/1987

    New tenancies granted for two years from 1 January 1988; Prevailing Market Rent assessed as at 31 December 1987 by reference to comparables adjusted for condition, size, lack of mains water, absence of carparking and inferior maintenance, and allowing reasonable values for caretaker services and rates; landlord's expressed redevelopment intention is evidence but not decisive absent statutory order; repairs unlikely if uneconomic and that affects market rent; resulting rents fixed at $7,500/month for No.2 G/F and $8,000/month for No.4 G/F inclusive of rates and caretaker services.

  • 29 Apr 1988

    KINGSLEY SHIH AND ANOTHER v. WAH YING CHEONG CO LTD.

    Citation
    KINGSLEY SHIH AND ANOTHER v. WAH YING CHEONG CO LTD.
    Court
    Lands Tribunal
    Case number
    LDLA3898/1987

    Redevelopment intention alone did not establish imminent possession; timing was too vague. Tribunal must assess what a hypothetical landlord would do economically. Given state of disrepair and comparables (with justified adjustments) the reasonable tenancy duration was two years and the Prevailing Market Rent was determined by applying a unit rate ($3.30/sq ft) to net areas, then adding reasonable allowances for caretaker and rates, yielding $7,500/month for No.2 G/F and $8,000/month for No.4 G/F inclusive of rates and caretaker services.

  • 26 Jan 1988

    GRAHAM WILD v. LANDWIDE PROPERTY MANAGEMENT CO LTD

    Citation
    GRAHAM WILD v. LANDWIDE PROPERTY MANAGEMENT CO LTD
    Court
    Lands Tribunal
    Case number
    LDLA2885/1987

    Averaging dissimilar comparables is unreliable; the tribunal must select and compare the most similar letting (Flat 5) and adjust for differences in size and outlook, fix prevailing market rent at $11,500 per month inclusive of a car park (exclusive of rates) as at 25 August 1987, and grant a new tenancy for two years from 26 August 1987; landlord must renovate the premises to the condition appropriate to that market rent, including replacing concealed electrical wiring if possible.

  • 6 Sept 1983

    ROGER KING v. LUKE HIM SAU

    Citation
    ROGER KING v. LUKE HIM SAU
    Court
    Lands Tribunal
    Case number
    LDLA41/1983

    Applicant failed to discharge the onus of proving cogent reasons to vary the prior tenancy by inserting a tenant-only break clause; the prior agreement did not grant the tenant an enforceable right to continue as a monthly tenant; accordingly the Tribunal refused the break clause and, on agreed and adjusted valuation evidence, fixed the prevailing market rent at $23,000 per calendar month exclusive of rates and ordered a new 2 year tenancy from 1 July 1983 on the same terms as the prior agreement.