Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Rent variation

  • 12 Apr 2022

    HK MACAU FORTUNE LTD v. KWOK CHUN WA

    Citation
    [2022] HKLdT 18
    Court
    Lands Tribunal
    Case number
    LDPE893/2021

    The tribunal found on the evidence that Sincere Link had agreed to a temporary reduction of rent by oral agreement or conduct and/or there was a waiver/acquiescence evidenced by 16 months of reduced payments and tenant expenditure; the variation/waiver was temporary but, because the applicant had constructive notice (insufficient inquiries were made) and there was no notice from landlord to reinstate the original rent after acquisition, the successor-in-title was bound by the reduced rent and the respondent was not in breach; accordingly the application for recovery of possession and rent was…

  • 21 Nov 2005

    HO CHOI WAN v. HONG KONG HOUSING AUTHORITY

    Citation
    HO CHOI WAN v. HONG KONG HOUSING AUTHORITY
    Court
    Court of Final Appeal
    Case number
    FACV1/2005

    Majority: Appeal dismissed. The Authority's decisions to defer or freeze rents were not "determinations of variation of rent" within s.16(1A); the statute does not impose an implied duty requiring proactive rent reductions to ensure MRIR<=10% beyond the specific limits and procedures set out in s.16(1A)-(1E); alternatively, on construction advanced in part of the court, "variation of rent" in s.16(1A) is properly read (in context) as directed to increases (so s.16(1A) limits increases and does not impede reductions). The appellant's legitimate expectation claim failed against the statutory sc…