Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Habitability

  • 26 Jan 2026

    HUNG YING ESTATES LTD v. MICHAELS MARIANNE NANNETTE

    Citation
    [2026] HKLdT 5
    Court
    Lands Tribunal
    Case number
    LDPD1452/2025

    The Tribunal held that the tenant's obligation to pay rent is independent of the landlord's alleged breaches; the Tribunal lacked jurisdiction to entertain the Respondent's counterclaims for damages or set‑offs in this possession proceeding; the Respondent had unilaterally abated rent while remaining in occupation, arrears therefore existed, the director who commenced proceedings had authority to act for the corporate landlord, and accordingly the original order for possession and payment of arrears and mesne profits was upheld and the review and stay applications were dismissed.

  • 24 Jan 2022

    羅栐蘭 對 鄧燕

    Citation
    [2022] HKDC 56
    Court
    District Court
    Case number
    DCCJ1645/2019

    The claimant failed to prove on the balance of probabilities that there was long-term and serious leakage or that any leakage caused infestation and the claimed health and economic losses; the landlord took reasonable investigatory and remedial steps and the available expert evidence did not establish the necessary causal link, therefore the claimant's claims are dismissed.

  • 7 Jul 2017

    DENG, SUET YAN v. HONG KONG HOUSING AUTHORITY AND ANOTHER

    Citation
    DENG, SUET YAN v. HONG KONG HOUSING AUTHORITY AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV4/2017

    The Court dismissed the appeal because the Panel reasonably concluded on the evidence that the applicant had not established that the unit was uninhabitable; there was no breach of any duty to make further inquiries (Tameside duty) given the absence of a prima facie case, no procedural unfairness or appearance of bias sufficient to vitiate the proceedings, and Au J therefore correctly refused leave.

  • 1 Sept 2016

    WE SHARP LTD v. SAMTANI ANAND P.

    Citation
    WE SHARP LTD v. SAMTANI ANAND P.
    Court
    Lands Tribunal
    Case number
    LDPD1548/2016

    The Tribunal found the whatsapp communications established the rent reduction took effect from 9 May 2016 (leaving $1,000 outstanding for May), the respondent was not entitled to withhold rent for the termite issue because the landlord acted promptly and there was insufficient evidence of uninhabitability or of landlord causation, equitable set-off did not apply, and therefore judgment was entered for the applicant for delivery of vacant possession and payment of arrears subject to a limited deduction and conditional relief from forfeiture if arrears and costs paid by 8 September 2016.

  • 26 Jan 2000

    LAM MAN FUNG MAMIE v. ACTIVE BENEFIT LTD.

    Citation
    LAM MAN FUNG MAMIE v. ACTIVE BENEFIT LTD.
    Court
    Court of First Instance
    Case number
    HCA11556/1997

    The court implied a term that where the vendor covenants to build/complete the development the completed property (including the roof top) must be reasonably fit for habitation; the roof top was unsafe and not fit for normal habitation activities and therefore the defendant breached that implied term; Clause 28 was construed as relating to workmanship/materials not design and Clauses 2,6 and Schedule 3 were covenants for title not quality; plaintiff entitled to damages measured by difference in market value of the unit with and without usable roof top (HK$180,000) plus interest; costs ordered…