Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Tenancy terms

  • 14 Aug 2003

    DOO YUEN SUN WILBR SONNY v. CHANG YOK FONG

    Citation
    DOO YUEN SUN WILBR SONNY v. CHANG YOK FONG
    Court
    Lands Tribunal
    Case number
    LDNT85/2003

    Exclude Comparable 7 because its location on busy Waterloo Road materially differs from the subject and remaining comparables; adopt effective‑area approach for ancillary accommodation using ratios yard/open roof 0.1 and penthouse 0.4; use car parking valuation approach of Applicant; use Rating & Valuation May 2003 index where available and project June/July 2003 by an average 1.5% monthly decline; apply adjusted average unit rate $145.2 per sq.m. to effective area 143.4 sq.m. to fix prevailing market rent at $21,000 per month exclusive of rates and management fee; grant new two‑year tenancy…

  • 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.

  • 6 Apr 1991

    MCKINSEY & CO INC HONG KONG AND OTHERS v. SKY ALLIANCE DEVELOPMENT LTD

    Citation
    MCKINSEY & CO INC HONG KONG AND OTHERS v. SKY ALLIANCE DEVELOPMENT LTD
    Court
    Lands Tribunal
    Case number
    LDLA3598/1991

    The Tribunal held that damp penetration common to all three houses did not justify a special allowance for House A3 because defects were similar across the properties and repairs were practicable and being undertaken; prevailing market rents were therefore set based on reliable comparables (notably House A5) and market evidence, and a break clause was included for House A3 (3 months' notice after 12 months) under the Tribunal's discretion to consider all relevant circumstances.

  • 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
    LDLA33/1982

    The Tribunal held that 'fair market rent' under s.115(1) is a market‑based concept reflecting rents that might reasonably be expected in the market, excluding atypical one‑off transactions; it rejected package‑deal discounts as outside s.115(1), treated tenant inertia as a possible but fact‑specific market factor (no substantial adjustment on these facts), required other disputed tenancy terms to be fixed under ss.119I/119J before calculating rent, and fixed specific new tenancy durations, terms and monthly rents for each disputed property accordingly.