Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Onus to vary prior terms
  • 6 Sept 1983

    ROGER KING v. LUKE HIM SAU

    Citation
    ROGER KING v. LUKE HIM SAU
    Court
    Lands Tribunal
    Case number
    LDLA41/1983

    Applicant failed to discharge the onus of proving cogent reasons to vary the prior tenancy by inserting a tenant-only break clause; the prior agreement did not grant the tenant an enforceable right to continue as a monthly tenant; accordingly the Tribunal refused the break clause and, on agreed and adjusted valuation evidence, fixed the prevailing market rent at $23,000 per calendar month exclusive of rates and ordered a new 2 year tenancy from 1 July 1983 on the same terms as the prior agreement.