Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Tenancy duration

  • 7 Dec 2000

    Leung Kit Hing v. Wah Foo Enterprises Co. Ltd.

    Citation
    Leung Kit Hing v. Wah Foo Enterprises Co. Ltd.
    Court
    Lands Tribunal
    Case number
    LDNT55/2000

    Tribunal accepted and adjusted the respondent's valuation comparables within the same building as reliable, gave greater weight to lettings commencing May 2000, rejected applicant's low rent estimate and unusual tenancy terms, fixed the prevailing market rent at $4,650 per Lunar month, ordered a new Part IV tenancy for two years commencing 3 May 2000, and ordered the applicant to pay one third of the respondent's costs for the 24 Aug 2000 and 17 Oct 2000 hearings due to vexatious conduct.

  • 7 Oct 1983

    ISACCO ARONNE NEUMANN v. GAIN FIELD LTD AND ANOTHER

    Citation
    ISACCO ARONNE NEUMANN v. GAIN FIELD LTD AND ANOTHER
    Court
    Lands Tribunal
    Case number
    LDLA105/1983

    The Tribunal exercised its statutory discretion under s.119I to fix a three‑year new Part IV tenancy commencing 1 July 1983 because the applicant's substantial, tenant‑borne improvements and the period of the existing tenancy justified the longer term; for rent the Tribunal assessed prevailing market rent by comparing reliable local comparables and adjusting for the subject premises' inferior kitchen and bathrooms, determining a fair prevailing market rent of HK$20,000 per calendar month exclusive of rates.

  • 30 Oct 1982

    NORDIC ASIA LTD AND OTHERS v. STRAWBERRY HILL DEVELOPMENT LTD AND ANOTHER

    Citation
    NORDIC ASIA LTD AND OTHERS v. STRAWBERRY HILL DEVELOPMENT LTD AND ANOTHER
    Court
    Lands Tribunal
    Case number
    LDLA43/1982

    The fair market rent under s.115(1) is the rent typical of the market and ascertainable from comparable market transactions after excluding atypical or one‑off transactions; the Tribunal may not apply a general discount (e.g. for alleged 'package deals') unless a comparable itself is atypical, and the word 'reasonably' in s.115(1) only qualifies 'might be expected' not the broader reasonableness tests urged by applicants; tenant inertia may be a market factor but on the facts here did not require adjustment; the Tribunal must also determine other disputed terms under ss.119I/J and consider th…

  • 30 Oct 1982

    NORDIC ASIA LTD AND OTHERS v. STRAWBERRY HILL DEVELOPMENT LTD AND ANOTHER

    Citation
    NORDIC ASIA LTD AND OTHERS v. STRAWBERRY HILL DEVELOPMENT LTD AND ANOTHER
    Court
    Lands Tribunal
    Case number
    LDLA54/1982

    The Tribunal held that fair market rent under s.115(1) is the rent which might reasonably be expected to be obtained in the market (excluding atypical comparables and disregarding the Ordinance), and that the Tribunal has no statutory power to apply a separate "reasonableness" discount (such as for a corporate "package deal") unless a comparable is shown to be atypical; tenant inertia is a market factor but required no substantial allowance on these facts; Tribunal must fix disputed terms under ss.119I/119J and applied those provisions to preserve existing instalment and management charge pos…

  • 30 Oct 1982

    NORDIC ASIA LTD AND OTHERS v. STRAWBERRY HILL DEVELOPMENT LTD AND ANOTHER

    Citation
    NORDIC ASIA LTD AND OTHERS v. STRAWBERRY HILL DEVELOPMENT LTD AND ANOTHER
    Court
    Lands Tribunal
    Case number
    LDLA44/1982

    The statutory term "fair market rent" under Section 115(1) requires the Tribunal to fix the prevailing market rent for comparable premises excluding abnormal or non-typical transactions; it does not permit an independent reasonableness cap or a general discount for a corporate "package deal." Tenant inertia is a market factor and may justify adjustment only if present in the relevant comparables but was not significant on these facts. Other terms (duration, instalments, deposits, fittings, management charge allocation) were fixed under Sections 119I/119J, and the Tribunal set specific rents a…