Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Early termination

  • 10 Jul 2014

    CHENG YUK WAH 對 LAI YUK MUI

    Citation
    CHENG YUK WAH 對 LAI YUK MUI
    Court
    Lands Tribunal
    Case number
    LDPD986/2014

    Tenant was allowed to terminate within first 12 months but required to give one month’s written notice; effective termination date was the expiry of that notice (16 May 2014); tenant had returned vacant possession on 1 May 2014; tenant owed pro rata rent to 16 May 2014 and was liable for the agreed one‑month pre‑estimated compensation; landlord could not claim agent commission or unexpired term loss; proven damage awards were reduced for depreciation; landlord entitled to deduct all awarded sums and costs from the security deposit with remainder returned to tenant.

  • 8 Jul 2005

    LEE LAN HING v. LEE SUK YEE

    Citation
    LEE LAN HING v. LEE SUK YEE
    Court
    District Court
    Case number
    DCCJ4816/2004

    On the balance of probabilities the landlord did not consent to the defendant's purported early surrender until he re-let the premises in late August 2004; the acts relied on by the defendant were equivocal and insufficient to prove acceptance earlier, therefore the defendant remained liable for rent and consequential damages until re-letting; deposit and utilities credited and interest and costs awarded.