Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Lease validity

  • 24 Dec 2020

    張超翰 對 韓欣陶

    Citation
    [2020] HKLdT 26
    Court
    Lands Tribunal
    Case number
    LDPD1588/2019

    Respondent has no lawful right to occupy because the agreed second lease expired on 14 November 2012; the alleged third lease was never pleaded or disclosed in prior litigation and is barred by Henderson v Henderson and, in any event, is not credible or compliant with statutory/formal requirements; prior findings that the deed of gift was forged and respondent acted dishonestly disentitle her to equitable relief; accordingly applicant's application for vacant possession is granted and respondent must deliver vacant possession and pay costs.

  • 4 Aug 2014

    張寶珠 對 黎幗眉

    Citation
    張寶珠 對 黎幗眉
    Court
    Lands Tribunal
    Case number
    LDPD878/2014

    The tribunal held there was no actual tenancy because both parties lacked the intention to create and enforce a real landlord–tenant relationship; the written lease served other purposes related to redevelopment registration and both parties’ conduct (agreement to waive rent/deposit and failure to address rent payments) showed no intention to establish an operative tenancy, therefore no arrears arose.