Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Possession/ejectment

  • 30 Aug 2019

    MAULDEN INVESTMENT LTD v. MHYH LTD

    Citation
    [2019] HKLdT 50
    Court
    Lands Tribunal
    Case number
    LDPE998/2018

    The Tribunal found clause 12 was validly triggered and the applicant lawfully terminated the tenancy; the respondent failed to prove any binding representations or promises that prevented termination and failed to establish reliance or estoppel; therefore the respondent is in breach and ordered to deliver vacant possession; liability for damages is acknowledged but quantum and disputed adjusted fees/rates are to be determined at a separate hearing; mesne profits and tentative management and air-conditioning charges awarded in the interim; costs follow the event in favour of the applicant.

  • 9 Jul 1982

    NG WING-LEE v. HO YUK-CHANG t/a CHEUNG KEE

    Citation
    NG WING-LEE v. HO YUK-CHANG t/a CHEUNG KEE
    Court
    Lands Tribunal
    Case number
    LDPA1/1982

    No implied covenant against illegal or immoral use is to be implied in the oral monthly tenancy because necessity test not met and statutory s.33(1)(b) provides an independent remedy; s.33(1)(b) is to be read disjunctively so conviction of tenant is not the only route to recovery; however liability for 'suffer' or 'permit' requires actual knowledge or wilful blindness/grounds for reasonable suspicion and applicant failed to prove respondent had such knowledge, therefore possession claim dismissed.