Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Suspension of rent

  • 26 Mar 2019

    CHOI CHEE MING AND ANOTHER v. LECLECQ YU MI

    Citation
    [2019] HKDC 414
    Court
    District Court
    Case number
    DCDT73/2019

    The suspension of rent clause did not apply because the flooding damage was repairable and fell below the high threshold required to render premises unfit for use; the plaintiffs had offered cleaning and repairs and the defendant did not engage the cleaning service, undermining the assertion of an imminent health risk; the Tenancy Agreement excluded set-off and the Warrant complied with Form 1, therefore the defendant's summons to discharge the warrant was dismissed and costs awarded to the plaintiffs.

  • 23 Nov 2017

    TIME RICH 08 LTD v. DBE (HK) LTD AND OTHERS

    Citation
    TIME RICH 08 LTD v. DBE (HK) LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA566/2017

    Defendants' factual assertions were not believable and did not amount to an arguable defence; the Tenancy Agreement's express terms precluded the implied terms and set-off relied upon; the evidence did not show the leakage rendered the premises unfit or caused the asserted loss; clause 8 did not operate to suspend rent; the counterclaim was frivolous; therefore summary judgment for the plaintiff was appropriate and costs were awarded to the plaintiff.