Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Other terms of tenancy
  • 30 Oct 1982

    NORDIC ASIA LTD AND OTHERS v. STRAWBERRY HILL DEVELOPMENT LTD AND ANOTHER

    Citation
    NORDIC ASIA LTD AND OTHERS v. STRAWBERRY HILL DEVELOPMENT LTD AND ANOTHER
    Court
    Lands Tribunal
    Case number
    LDLA54/1982

    The Tribunal held that fair market rent under s.115(1) is the rent which might reasonably be expected to be obtained in the market (excluding atypical comparables and disregarding the Ordinance), and that the Tribunal has no statutory power to apply a separate "reasonableness" discount (such as for a corporate "package deal") unless a comparable is shown to be atypical; tenant inertia is a market factor but required no substantial allowance on these facts; Tribunal must fix disputed terms under ss.119I/119J and applied those provisions to preserve existing instalment and management charge pos…