Hong Kong Case Law: Decisions & Judgments

Topic

Fixed term tenancy

Legal area

Court

30 Jan 2014

LEE PAK CHEUNG v. ANDRES HELEN E.

Citation

LEE PAK CHEUNG v. ANDRES HELEN E.
Court

Lands Tribunal
Case number

LDPD2951/2013

No enforceable extension or promise to repay renovations was proven; the tenant was in rent arrears from 1 September 2013; the Notice to Quit served on 11 October 2013 validly terminated the periodic tenancy on 30 November 2013; accordingly the applicant was entitled to possession, mesne profits at $2,800 per month from 1 September 2013 until delivery of possession and costs of $400.
14 Dec 1982

HUNG MING HUA AND OTHERS v. CHOW HUNG HIN

Citation

HUNG MING HUA AND OTHERS v. CHOW HUNG HIN
Court

Court of First Instance
Case number

HCA9233/1981

Clause 4(n), which permits termination if the demised premises become unfit for habitation for reasons not attributable to landlord or tenant, is a provision for earlier determination within section 121(2)(a) so the tenancy was caught by Part V of the Landlord and Tenant (Consolidation) Ordinance and the landlord required six months written notice; on the facts the tenant surrendered by giving vacant possession on 17 November 1981 and plaintiffs are entitled to pro rata rent for 1–17 November but not to the $3,500 clearance cost as damages for an anticipated breach.
6 Jan 1978

KUNG CHUN v. NGAI CHING-YUNG

Citation

KUNG CHUN v. NGAI CHING-YUNG
Court

Court of First Instance
Case number

HCSA23/1977

Section 74A displaces the operation of s.56 for fixed term tenancies by prohibiting any rent increase during the unexpired portion of a fixed term; therefore the landlord could not lawfully pass on the increased rates during the fixed term and the tribunal's decision in favour of the landlord was set aside.

Hong Kong Case Law

LEE PAK CHEUNG v. ANDRES HELEN E.

HUNG MING HUA AND OTHERS v. CHOW HUNG HIN

KUNG CHUN v. NGAI CHING-YUNG