Hong Kong Case Law: Decisions & Judgments

Topic

Repairs and dilapidations

Legal area

Court

17 May 2001

Foreign Dimension Ltd. v. Nam Mui (Kin Kee) Co. Ltd.

Citation

Foreign Dimension Ltd. v. Nam Mui (Kin Kee) Co. Ltd.
Court

Lands Tribunal
Case number

LDNT63/2001

The Tribunal accepted the 3/F letting of 14 February 2001 as the best comparable, allowed a HK$600pcm adjustment for domestic appliances and a HK$1,000pcm upward allowance for the subject being one floor higher, rejected allowances for timing (Chinese New Year), interior defects and tenancy clauses; concluded PMR HK$33,000pcm exclusive and ordered a new two-year tenancy from 11 February 2001 with deposit HK$66,000.
21 Dec 2000

Brecon Ltd. v. Perm Finance Co. Ltd.

Citation

Brecon Ltd. v. Perm Finance Co. Ltd.
Court

Lands Tribunal
Case number

LDNT421/1999

The Tribunal accepted the valuation of the Applicant's expert (Mr Brown) as the most reliable because his best comparable (adjacent House B3) was closest and required fewer adjustments; starting from Mr Brown's net figure of HK$61,500 the Tribunal allowed an amortised deduction of HK$5,000 per month based on adopted repair cost HK$240,000 apportioned over 48 months plus a one‑month rent discount for inconvenience (HK$2,260), yielding a determined PMR of HK$54,200; clauses 9,10 and 11 and references to car parks are excluded from the new tenancy; the Tribunal refused the applicant's repair ord…
6 Apr 1991

MCKINSEY & CO INC HONG KONG AND OTHERS v. SKY ALLIANCE DEVELOPMENT LTD

Citation

MCKINSEY & CO INC HONG KONG AND OTHERS v. SKY ALLIANCE DEVELOPMENT LTD
Court

Lands Tribunal
Case number

LDLA3598/1991

The Tribunal held that damp penetration common to all three houses did not justify a special allowance for House A3 because defects were similar across the properties and repairs were practicable and being undertaken; prevailing market rents were therefore set based on reliable comparables (notably House A5) and market evidence, and a break clause was included for House A3 (3 months' notice after 12 months) under the Tribunal's discretion to consider all relevant circumstances.
6 Apr 1991

MCKINSEY & CO INC HONG KONG AND OTHERS v. SKY ALLIANCE DEVELOPMENT LTD

Citation

MCKINSEY & CO INC HONG KONG AND OTHERS v. SKY ALLIANCE DEVELOPMENT LTD
Court

Lands Tribunal
Case number

LDLA3685/1991

The Tribunal held that prevailing market rent must assume contractual repair obligations will be honoured and that the damp problems were common to all houses and remediable, so no special deduction for A3; comparables (notably House A5 at $112,500) supported rents of A1 $110,000, A2 $95,000 and A3 $95,000; new tenancies granted for two years and a break clause permitting termination after 12 months on three months' notice was included for A3 given market practice and section 119J discretion.
3 Oct 1979

HO YICK CHI v. NG KIN FOON

Citation

HO YICK CHI v. NG KIN FOON
Court

Court of First Instance
Case number

HCA3750/1977

Court found no breach of the covenant for quiet enjoyment because the plaintiff had undertaken responsibility for the doorway and there was no agreement on the sign; therefore plaintiff's claim for redecoration costs failed, plaintiff is entitled to return of the $8,000 deposit, defendant entitled to rent for October and November and $400 for trash removal and $400 for removal of plaintiff's shutter, and judgment entered for plaintiff $8,000 and for defendant $4,800.

Hong Kong Case Law

Foreign Dimension Ltd. v. Nam Mui (Kin Kee) Co. Ltd.

Brecon Ltd. v. Perm Finance Co. Ltd.

MCKINSEY & CO INC HONG KONG AND OTHERS v. SKY ALLIANCE DEVELOPMENT LTD

MCKINSEY & CO INC HONG KONG AND OTHERS v. SKY ALLIANCE DEVELOPMENT LTD

HO YICK CHI v. NG KIN FOON