Hong Kong Case Law: Decisions & Judgments

Topic

Rent instalments

Legal area

Court

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

LDLA33/1982

The Tribunal held that 'fair market rent' under s.115(1) is a market‑based concept reflecting rents that might reasonably be expected in the market, excluding atypical one‑off transactions; it rejected package‑deal discounts as outside s.115(1), treated tenant inertia as a possible but fact‑specific market factor (no substantial adjustment on these facts), required other disputed tenancy terms to be fixed under ss.119I/119J before calculating rent, and fixed specific new tenancy durations, terms and monthly rents for each disputed property accordingly.
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

LDLA43/1982

The fair market rent under s.115(1) is the rent typical of the market and ascertainable from comparable market transactions after excluding atypical or one‑off transactions; the Tribunal may not apply a general discount (e.g. for alleged 'package deals') unless a comparable itself is atypical, and the word 'reasonably' in s.115(1) only qualifies 'might be expected' not the broader reasonableness tests urged by applicants; tenant inertia may be a market factor but on the facts here did not require adjustment; the Tribunal must also determine other disputed terms under ss.119I/J and consider th…
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

LDLA45/1982

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 special-case rents) while disregarding the Ordinance's effect; discounting for a generic 'package deal' is impermissible unless a comparable is atypical; tenant inertia is a relevant market factor only where comparables are relettings but required no substantial deduction on the facts; other tenancy terms (duration, instalments, deposits, fittings, management charges) are fixed under ss.119I/119J consistent with prior contractual positions un…
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

LDLA44/1982

The statutory term "fair market rent" under Section 115(1) requires the Tribunal to fix the prevailing market rent for comparable premises excluding abnormal or non-typical transactions; it does not permit an independent reasonableness cap or a general discount for a corporate "package deal." Tenant inertia is a market factor and may justify adjustment only if present in the relevant comparables but was not significant on these facts. Other terms (duration, instalments, deposits, fittings, management charge allocation) were fixed under Sections 119I/119J, and the Tribunal set specific rents a…
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

LDLA38/1982

Fair market rent under s115(1) is the rent which might reasonably be expected in the market for the premises on the terms of the new tenancy, excluding the effect of the Ordinance and excluding atypical comparable transactions; the Tribunal may not apply general discounts for corporate package deals but may consider tenant inertia only where present in comparables and must determine other disputed tenancy terms under ss119I/119J having regard to current tenancy terms.

Hong Kong Case Law

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

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

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

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

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