4 Aug 2020
LIU JINCHENG v. MICHAEL PETER SCHMIDT
- Citation
- [2020] HKLdT 28
- Court
- Lands Tribunal
- Case number
- LDPD2239/2019
The tenancy was validly terminated by the applicant's two months notice served on 25 September 2019 by an agent with ostensible authority; the respondent remained in occupation after termination and therefore became a trespasser liable for mesne profits; the tenant was not entitled to unilaterally deduct rent because the tenancy expressly prohibited deductions and common law does not imply a right to set off absent an express term; limited concessionary abatement was permitted by the Tribunal but did not excuse liability from January 2020 onwards; the Tribunal lacked jurisdiction to entertain…