Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Oral modification of lease

  • 27 Mar 2020

    林燕玲 對 陳莉

    Citation
    [2020] HKLdT 6
    Court
    Lands Tribunal
    Case number
    LDPD1402/2019

    On the balance of probabilities the respondent failed to prove the alleged oral rent‑reduction agreements; the lease allocated internal repair obligations to the tenant so the leakage was attributable to the tenant and rent‑abatement clause did not apply; respondent owes proven arrears (HKD 202,000 for 2017–2019 under the first lease; HKD 41,430 for part of 2019 under the second lease), must pay repair costs (HKD 27,768) and deliver vacant possession unless all sums (including ongoing rent at HKD47,000/month) are paid into the Tribunal by the specified date to avoid forfeiture of tenancy.

  • 27 Nov 2001

    李順錫 對 WOO PETER PUI NGAI

    Citation
    李順錫 對 WOO PETER PUI NGAI
    Court
    Lands Tribunal
    Case number
    LDPD1197/2012

    Court accepted respondent had paid the HKD30,600 deposit and most rent and certain management fees but found the alleged July 2011 oral rent reduction was not proved or enforceable under Cap.219 s.3 (and s.6(2) did not apply); respondent retained keys and did not give vacant possession until 13 Aug 2012; therefore respondent was liable for rent at the contractual rate HKD15,300 per month from 20 Oct 2010 to 13 Aug 2012, resulting in net arrears of HKD87,129.70 plus interest; no costs awarded.