Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Implied statutory condition
  • 13 Sept 2024

    吳楚鏗 對 高松添

    Citation
    [2024] HKLdT 78
    Court
    Lands Tribunal
    Case number
    LDPD1014/2024

    Because the lease both required immediate payment and expressly provided a forfeiture condition only if rent was unpaid for more than 30 days, section 117(3) did not operate to imply the 15‑day forfeiture term; therefore the landlord's application made while the 30‑day period had not expired was premature and the tribunal correctly set aside the repossession and rent recovery application on 28 August 2024, and the present review was dismissed.