Hong Kong Case Law: Decisions & Judgments

Topic

Tenancy renewal

Legal area

Court

23 Oct 2025

香港平民屋宇有限公司對馬媚媚

Citation

[2025] HKDC 1800
Court

District Court
Case number

DCCJ5546/2023

Plaintiff entitled to vacant possession of the listed flats because the tenancies had expired and tenants were obliged to deliver vacant possession; historical cottage hire‑purchase/sale agreements did not confer transferable land title or equitable rights that prevent recovery; promissory and proprietary estoppel claims failed for lack of clear unambiguous assurance and causative reliance; no implied perpetual renewal term existed; challenge to clause II(26) was unnecessary to decide because plaintiff succeeded on primary grounds; costs awarded to plaintiff with limited senior counsel certif…
25 Oct 2024

GOLDEN EASY INVESTMENTS LTD v. GLOBAL WAY ENGINEERING LTD

Citation

[2024] HKLdT 88
Court

Lands Tribunal
Case number

LDPE1416/2024

The Tribunal concluded on the balance of probabilities that the 2024 tenancy was invalid and not binding on the applicant because the director who executed it lacked actual or ostensible authority and the respondent was not an outsider dealing in good faith (family relationship and suspicious timing); accordingly the indoor management rule did not protect the respondent and possession and arrears relief were ordered.
3 May 2024

EXPLORER 1881 LTD v. CONCEPT 1 OCEAN (HONG KONG) LTD

Citation

[2024] HKLdT 37
Court

Lands Tribunal
Case number

LDPD246/2024

The Tribunal admitted the Intended Respondent as a respondent because on the balance of probabilities the Intended Respondent remained in possession and the applicant failed to prove eviction or that the 2014 tenant had surrendered possession to the 2020 tenant; however the substantive application for possession was dismissed for lack of jurisdiction because the applicant was not the registered owner and there was no evidence the applicant had the requisite possession to bring the claim.
30 Jul 2021

HANTEC INVESTMENT LTD v. LI YAU MAN

Citation

[2021] HKCA 1089
Court

Court of Appeal
Case number

CAMP92/2021

The Tribunal's factual findings that clause 3 did not create an option to renew and that there was no common assumption or conduct amounting to estoppel by convention were open on the evidence, the Tenant's credibility findings were justified, and the proposed appeal had no reasonable prospect of success; accordingly leave to appeal and a stay of execution were refused.
12 Mar 2021

HANTEC INVESTMENT LTD v. LI YAU MAN

Citation

[2021] HKLdT 14
Court

Lands Tribunal
Case number

LDPE1313/2019

Leave to appeal refused because the intended appeal lacked a reasonable prospect of success: the Tribunal's findings of fact were not perverse or irrational and were supported by evidence; estoppel by convention was not established even assuming substantial expenditure; stay of execution refused for lack of reasonable grounds; costs awarded to Applicant.
15 Oct 2014

YEUNG WAI MAN v. LEE ALOYSIOUS WAN HOI AND OTHERS

Citation

YEUNG WAI MAN v. LEE ALOYSIOUS WAN HOI AND OTHERS
Court

Court of First Instance
Case number

HCA577/2014

The offer expressly required written acceptance and, on construction in the context of the tenancy agreement and the parties' objective purpose of ensuring certainty, an oral acceptance communicated to the defendants' agent did not satisfy the stipulated mode of acceptance; therefore no binding renewal tenancy was formed and the plaintiff had no defence to the claim for possession.
26 Sept 2014

TANG FUNG YIU DORA AND ANOTHER v. CHONG PUI HANG

Citation

TANG FUNG YIU DORA AND ANOTHER v. CHONG PUI HANG
Court

Lands Tribunal
Case number

LDPE523/2014

On the balance of probabilities the contemporaneous Whatsapp messages and documents demonstrated that DIM, not the respondent personally, was the tenant under the 2nd tenancy agreement; unilateral insertion of the respondent's HKID or the landlord's later amendment before stamping did not establish a prior agreement making the respondent personally liable; therefore the applicants' possession claim against the respondent personally failed as a total defence.
11 Apr 2014

何靜敏 v. 陳輝煌

Citation

何靜敏 v. 陳輝煌
Court

Court of Appeal
Case number

CACV269/2013

The appeal was allowed on the basis of estoppel by convention: Ms Ho had conducted herself and pleaded the case on the basis that the renewed 3-year tenancy subsisted and had accepted rent accordingly, so it would be unjust to allow her to deny the subsisting renewed tenancy; accordingly the possession order was set aside and the matter was remitted for assessment of damages for the landlords wrongful taking of possession.
28 Jun 2013

WONG SAU LIN v. IP THEODORE JAMES

Citation

WONG SAU LIN v. IP THEODORE JAMES
Court

Lands Tribunal
Case number

LDPD738/2013

The Applicant proved arrears by bank records and a reconciled Schedule; the condition precedent (payment of six months' rent in advance) for the new tenancy was not fulfilled so no tenancy subsisted from 10 February 2013; therefore the Respondent must deliver vacant possession and pay mesne profits at HK$8,500 per month from 10 February 2013 and outstanding arrears; the landlord is not liable for tenant's repair/replacement costs absent agreement.
27 Jun 2013

關奕栢對胡英鳳

Citation

關奕栢對胡英鳳
Court

Lands Tribunal
Case number

LDPD545/2013

The Tribunal found the respondent's later affidavit contradicted her original witness statement and accepted the applicant's factual account that the rent increase to HK$4,350 was merely reimbursement for management fees and did not create a two‑year renewal; there was no legal error in the Tribunal's 23 May 2013 judgment and the proposed appeal had no reasonable prospect of success under the Land Tribunal Ordinance, so leave to appeal and a stay of possession were refused and the application dismissed.