Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Fitness for habitation

  • 6 Dec 2010

    AU KIN FAN v. WONG BIK HAR

    Citation
    AU KIN FAN v. WONG BIK HAR
    Court
    District Court
    Case number
    DCCJ3929/2008

    The court accepted Au was the landlord, found the asserted defects (fallen air‑conditioner knob and failed igniters) were minor and did not amount to dangerous conditions or actionable misrepresentation or breach of an implied fitness term; concluded Wong unequivocally terminated the tenancy and thus wrongfully repudiated it; Au properly mitigated his loss and is entitled to damages for repair, lost rent, fees and re‑letting expenses, with the rental deposit credited against assessed loss, resulting in judgment for Au for HK$137,829.50 plus interest and costs.

  • 11 Jul 2001

    YU YIU KONG SAMUEL v. KOBYLANSKI, STEPHEN ANDRE

    Citation
    YU YIU KONG SAMUEL v. KOBYLANSKI, STEPHEN ANDRE
    Court
    District Court
    Case number
    DCCJ15371/2000

    The bedroom air-conditioning unit was a chattel (not a fixture); the landlord had a positive obligation to repair or replace the hired appliance where failure resulted from fair wear and tear or where the landlord had expressly agreed to replace it (agreement of 1 August 2000); landlord breached that agreement and tenant was entitled to monetary compensation ($4,100) for loss of use; defendant remained liable for rent arrears and damages; court entered a net judgment for the plaintiff of $12,752 with interest and limited costs order.