Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Implied covenant to use premises in a tenant-like manner
  • 15 Nov 2001

    MOK WAI MAN KENT v. CHOW KAM WAH BRENDA

    Citation
    MOK WAI MAN KENT v. CHOW KAM WAH BRENDA
    Court
    District Court
    Case number
    DCCJ5408/2001

    Repair costs were not recoverable because the condition of the premises at termination was effectively the same as at the commencement of the relevant tenancy (1/9/1997), so no obligation to restore arose; on mitigation the court accepted the January valuation (HK$15,500/month), found the plaintiff acted unreasonably by increasing the asking rent in March 1999 and that with reasonable conduct a tenant would have been found within one month after the March works, and assessed damages accordingly, allowing set-off of the rental deposit and ordering damages of HK$120,795.50.