Hong Kong Case Law: Decisions & Judgments

Topic

Status of sub-tenants under part ii vs part iv of cap.7

Legal area

Court

9 Sept 1994

AVION INVESTMENT LTD v. MAN YUN KWAN AND OTHERS

Citation

AVION INVESTMENT LTD v. MAN YUN KWAN AND OTHERS
Court

Lands Tribunal
Case number

LDMP1049/1993

The Tribunal found on the evidence that the 1984 change of principal tenant resulted in a surrender by operation of law and the creation of a new tenancy governed by Part IV of Cap.7 (not a legal assignment or estoppel). As a result s.119P(8) rendered the sub-tenants direct tenants of the landlord with Part IV protections. Because the Tribunal could not, on the present facts and given the likely delays and statutory protections, fix the mandatory commencement/completion dates required by ss.53A(2)(b)/119F(2)(b), the landlord could not satisfy the mandatory condition for an order for possessio…
9 Sept 1994

AVION INVESTMENT LTD v. MAN YUN KWAN AND OTHERS

Citation

AVION INVESTMENT LTD v. MAN YUN KWAN AND OTHERS
Court

Lands Tribunal
Case number

LDMP1043/1993

The applications for possession were dismissed because, although the landlord proved intention to redevelop and adequate financial resources, the Tribunal could not impose the mandatory timing conditions required by ss53A(2)(b)/119F(2)(b) due to uncertainty arising from the 1984 informal transfer: the Tribunal found on balance that the 1984 transaction amounted to a surrender by operation of law creating a new tenancy under Part IV and that sub-tenants became direct tenants under s119P(8); accordingly the Tribunal could not determine when rebuilding could commence and therefore the statutory…

Hong Kong Case Law

AVION INVESTMENT LTD v. MAN YUN KWAN AND OTHERS

AVION INVESTMENT LTD v. MAN YUN KWAN AND OTHERS