Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Repairs and maintenance obligations

Legal area

Court

18 Nov 2002

PLOTIO DEVELOPMENT (HK) LTD. AND ANOTHER v. RALPH SPRENGER

Citation

PLOTIO DEVELOPMENT (HK) LTD. AND ANOTHER v. RALPH SPRENGER
Court

Lands Tribunal
Case number

LDPD963/2002

Landlords were responsible for repairs and delayed unreasonably; tenant was entitled to set-off but failed to quantify loss until late, so Tribunal assessed a reasonable quantum on available evidence at 10% of rent (HK$3,300/month) for the period July 2001 to August 2002 (HK$46,200) and granted possession and award of rents/mesne profits subject to credits and conditional relief from forfeiture if paid within four weeks.
22 Oct 2002

Manchu Hong Kong Ltd. v. Lau E-Yan Betty

Citation

Manchu Hong Kong Ltd. v. Lau E-Yan Betty
Court

Lands Tribunal
Case number

LDNT381/2001

The Tribunal excluded House 39D as a comparable due to its exceptionally long marketing period and lease date being 9 months after the relevant commencement, applied specified percentage adjustments to six acceptable comparables, averaged the adjusted effective unit rents, applied the subject effective area (279.8 sq.m.) and fixed the new rent at $104,500 per month exclusive of rates, management fees and government rent; a two-year tenancy from 19 Nov 2001 was ordered with deposit adjusted and other prior terms retained save condition 12, with no order as to costs.