18 Aug 2005
TSE POK LOK AND ANOTHER v. YUEN SIU HONG
- Citation
- TSE POK LOK AND ANOTHER v. YUEN SIU HONG
- Court
- District Court
- Case number
- DCCJ4830/2003
On the objective assessment of conduct and communications, the defendant offered surrender and the plaintiffs, by arranging handover, instructing agents to re‑let, inspecting and accepting keys and keeping the security deposit, unequivocally accepted that offer; therefore the tenancy was terminated by mutual consent and/or by operation of law (estoppel), the defendant did not repudiate the tenancy, and plaintiffs' damages claim fails; section 119L(2) did not bar the damages claim but in any event the security deposit covered arrears.