10 Jul 2018
Tenant had no contractual obligation to repaint the door; tenant liable for limited compensation for replacement hot water heater; tenant returned keys and vacated on 23 May 2018; landlord entitled to set off proven sums (interim rent, management fee, agreed compensation) against the deposit; net refund of HK$18,300 ordered to tenant; no order as to costs.
10 May 2013
The interlocutory application was dismissed because the Lands Tribunal does not have jurisdiction to entertain the respondent's claim for unliquidated damages where she is not counterclaiming for possession or ejectment; the attempted introduction of counterclaims from a separate District Court action is impermissible; the Tribunal will stay proceedings pending the outcome of the applicants' appeal application and no party may file further material without leave.
29 Aug 2003
The Tribunal excluded unsuitable comparables (notably those with large size differentials or earlier transaction dates), adopted a mix of the experts' justified adjustments (time indices, floor level, appliances, location/noise, building condition, view/orientation), applied a 2% deduction for poor internal condition, valued rooftop covered area at 1/5 and open area at 1/10 of the unit rate, derived a unit rent of $155.38 per sq.m and fixed the monthly rent at $42,700 inclusive of a covered parking space (or $42,200 if an open parking space is leased), ordered a two-year tenancy commencing 24…
13 Dec 1985
The tribunal held that rateable value must be assessed by reference to a hypothetical reasonable landlord and tenant; readily remediable defects are to be assumed repaired but a reasonable landlord would only undertake minimal repairs where full repairs are uneconomic relative to expected rental return; comparables must be properly analysed and cannot support large arbitrary deductions without supporting evidence; having applied those principles to the evidence, the tribunal found the correct letting rent at the relevant date was $1,400 per month exclusive of rates and reduced the rateable va…