Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mesne profits/interim rent

  • 23 Sept 2020

    駱詠欣 對 彭君偉

    Citation
    [2020] HKLdT 39
    Court
    Lands Tribunal
    Case number
    LDPD114/2020

    Tribunal held applicant could not forfeit the lease for alleged breaches because Cap.219 s58 statutory notice was not served; respondent was not in default entitling forfeiture because he had attempted to pay half the rent to the co-owner and applicant refused receipt; on interpretation the fixed '梗約' ended 30 Nov 2019 and the landlord validly terminated continuance of the '生約' by reasonable written notice given 14 Oct 2019, so applicant entitled to immediate vacant possession and mesne profits; assessed mesne profits at HK$8,000 per month and costs at HK$1,000.

  • 7 Jan 2015

    高笑萍 對 陳樹雄

    Citation
    高笑萍 對 陳樹雄
    Court
    Lands Tribunal
    Case number
    LDPE1203/2014

    The purported tenancy 'until government demolition' is void for uncertainty and cannot defeat a valid termination; the landlord's termination notice was properly served by ordinary post and is effective; respondent must deliver vacant possession and pay mesne profits at the contractual monthly rent from 1 December 2014; prior tribunal and appellate rulings preclude re-opening the issue of an uncertain term.