Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Standard rent

Legal area

Court

31 Jul 1973

CHU NAI LAP v. LAI CHUEN

Citation

CHU NAI LAP v. LAI CHUEN
Court

Court of Appeal
Case number

CACV19/1973

Appeal allowed: landlord's claim for possession and mesne profits founded on an agreement tainted by charging an illegal/excessive rent could not be enforced; the contracting-out memorandum was unenforceable because the respondent had committed an offence under the Landlord and Tenant Ordinance by charging rent in excess of the permitted rent; mesne profits based on such illegal rent were not recoverable; order below set aside.
15 Apr 1970

AU TAK YUEN v. OR CHEK LAM

Citation

AU TAK YUEN v. OR CHEK LAM
Court

District Court
Case number

DCDT27/1970

The warrant was discharged because the plaintiff failed to discharge the onus of proving that the rent claimed was lawfully recoverable: there was insufficient evidence that the premises had a prewar or otherwise fixed standard rent and the plaintiff did not substantiate his exclusion from the Ordinance, therefore the distress could not be sustained.