23 Jul 2024
The defendant failed to demonstrate any arguable point of law; the Tribunal's findings were fact‑based and there was no legal error in treating the defendant's assertions as unsupported and in concluding there was no waiver or binding representation; therefore leave to appeal under s28(1) was properly refused.
10 Feb 2017
Intervener's claim to be the true tenant was dismissed as previously rejected by the court and unsupported by credible evidence (res judicata and lack of proof). The landlord validly exercised the break clause with proper notice; the defendant admitted arrears; there is no real prospect of a triable defence to the claims. Accordingly summary judgment was proper: plaintiff entitled to possession, to recover arrears (HKD112,000), ongoing mesne profits at HKD28,000 per month from 1 September 2016 until delivery, interest on arrears at 1.5% per month until judgment (then judgment rate), damages f…
10 Apr 2015
The lease term was certain and expired on 26 November 2014; the respondent's alleged oral indefinite renewal was legally ineffective for lack of certainty; the Lands Tribunal lacks jurisdiction to adjudicate URA compensation/resumption matters; consequently the respondent had no reasonable arguable case to justify a stay of execution and the non-regular review application was dismissed, permitting execution of the possession and seizure warrants.
15 Aug 2014
Summary judgment was refused because the defendant's affidavits and evidence that rent was paid and accepted after service of the termination notice gave rise to a credible triable issue as to waiver/withdrawal of the termination; the defendant therefore demonstrated an unconditional right to defend and the matter required a full hearing rather than summary disposal.
30 May 2014
Termination notice of 28 March 2014 validly terminated the tenancy; respondent was in undisturbed possession and therefore cannot rely on alleged superior title of a third party to withhold rent or refuse to surrender possession; respondent owes rent from 1 March 2014 at HKD 3,700 per month until vacant possession is returned.
11 Dec 2013
Because the parties failed to conclude a new lease, the original fixed term expired on 21 September 2013; post-expiry payments did not evidence an intention to create a new tenancy, so the applicant was entitled to recover possession and to claim mesne profits at HK$14,000 per month from 22 October 2013 until vacant possession; the respondent's application for permission to appeal lacked a reasonable prospect of success and was refused.
5 Jul 2013
The court found that the Notice to Quit was not validly served; therefore the lease was not terminated and the application for leave to appeal was dismissed.
4 Jun 2013
Landlord breached the covenant of quiet enjoyment by actions relating to the gate on 28 March 2013 allowing the tenant to terminate the lease; however, defects and lack of stamp did not entitle tenant to withhold rent. Rent remained payable up to 27 March 2013; reduced mesne profits applied for the period from 28 March and, after power cut on 6 April, a lower market value for interim occupation applied until the premises were returned. As applicant's possession application was founded on conduct after landlord's breach, the application is dismissed.
3 Oct 2012
Tenant's purported unilateral termination was ineffective because neighbour noise did not establish a landlord breach of the implied covenant of quiet enjoyment on these facts, the landlord did not accept surrender (tenant retained keys), and the application was validly served; therefore landlord entitled to possession, rent/mesne profits from 10 July 2012 and costs.
16 Apr 2012
The review is dismissed because the applicant did not prove entitlement to terminate under the lease's redevelopment clause: board resolutions, preliminary plans and demolition applications (and post‑hearing acquisition/approval) were insufficient to establish an intention and preparedness to rebuild as required; burden rested on the applicant and was not met, so the Tribunal's original decision to dismiss repossession and rent claims stands.