Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Implied covenant against structural alteration
  • 22 Mar 2019

    曾錦蘭 對 林芳妃

    Citation
    [2019] HKLdT 23
    Court
    Lands Tribunal
    Case number
    LDPD215/2019

    The tribunal found on the balance of probabilities that the tenant (or persons associated with the tenant) removed the kitchen and stove and altered the unit and that the unit had been subdivided for other occupants, constituting a breach of the implied covenant in s117(3)(g). The tribunal accepted the owner's evidence (photos, third‑party access, WhatsApp context) and rejected respondent's denials. The non-standard review application to stay or overturn the 22 Feb 2019 possession judgment was dismissed. However, because the posting of Form 22 did not fully comply with r7A, the tribunal exerc…