Hong Kong Case Law: Decisions & Judgments

Topic

Transitional termination notice

Legal area

Court

15 Oct 2013

MAN FONG HANG v. CHOY KWONG

Citation

MAN FONG HANG v. CHOY KWONG
Court

Lands Tribunal
Case number

LDPD996/2012

On the balance of probabilities the respondent was a tenant of part of Lot 27 paying annual rent (established at $700 per annum); the TTN was ineffective because it did not give the statutory minimum 12 months' notice required by the Amendment Ordinance; therefore the applicant's sole ground for possession failed and the possession claim was dismissed, but rent arrears from 1 January 2010 were awarded to the applicant.
1 Dec 2008

PARKMOST LTD v. WONG YEUNG ON

Citation

PARKMOST LTD v. WONG YEUNG ON
Court

Court of First Instance
Case number

HCA1193/2006

Because the Transitional Termination Notice had been validly served and expired and because the defendants' adverse possession counterclaim had been struck out (and earlier appeal dismissed), the defendants had no valid defence to the Plaintiff's claim for possession; accordingly the summary judgment for possession and the Master’s orders were upheld and the defendants' appeal dismissed.
23 Jan 2008

LAI WAI MAN v. INTELLIGENT HOUSE LTD

Citation

LAI WAI MAN v. INTELLIGENT HOUSE LTD
Court

Lands Tribunal
Case number

LDCS11014/2006

The tribunal found the transitional termination notice was properly served and satisfied s.6(5) LTAO so the head tenancy and derived subtenancy terminated on 31 October 2007; because compensation under the Ordinance is only available where tenancy is terminated by an order for sale, the intended respondent had no locus to claim compensation and the application for joinder was dismissed.
23 Jan 2008

LAI KWONG CHING v. INTELLIGENT HOUSE LTD

Citation

LAI KWONG CHING v. INTELLIGENT HOUSE LTD
Court

Lands Tribunal
Case number

LDCS11006/2006

Because Intelligent House validly served a transitional termination notice in accordance with LTAO ss5(2) and 6(5) which terminated the head tenancy and thereby the subtenancies on 31 October 2007, the proposed subtenant applicants lacked locus to claim compensation under Cap 545 (which requires termination by order for sale); joinder was therefore refused.
23 Jan 2008

LAI WAI MAN v. INTELLIGENT HOUSE LTD

Citation

LAI WAI MAN v. INTELLIGENT HOUSE LTD
Court

Lands Tribunal
Case number

LDCS11024/2006

The application to join Mr Tamang is dismissed because the Court was satisfied the transitional termination notice was properly served and expired on 31 October 2007, thereby validly terminating the head tenancy and, pursuant to s6(5) LTAO, the sub-tenancy; since compensation under the Ordinance only arises when a tenancy is terminated by an order for sale, the intended respondent has no locus to claim compensation and cannot be joined.
6 Nov 2007

THE CHEONG SHING INVESTMENT LOAN & EXCHANGE CO LTD v. HO WAN CHEUNG AND ANOTHER

Citation

THE CHEONG SHING INVESTMENT LOAN & EXCHANGE CO LTD v. HO WAN CHEUNG AND ANOTHER
Court

Court of Appeal
Case number

CACV395/2006

The Notice of Appeal was struck out because it did not raise or specify any question of law as required for appeals from the Lands Tribunal, the Transitional Notice of Termination validly terminated the tenancy and sub-tenancy under the 2004 Ordinance, and the 2nd Respondent was bankrupt and therefore lacked locus to prosecute the appeal; accordingly the appeal was incompetent and the stay application fell away.
22 Dec 2006

SASAKI AKEMI v. TANG HON TSAI

Citation

SASAKI AKEMI v. TANG HON TSAI
Court

District Court
Case number

DCCJ3549/2005

The contractual break clause only permitted early termination within the fixed two-year term so the written 6 May 2005 notice taking effect 7 July 2005 was invalid; however the parties reached a verbal agreement to terminate on 7 July 2005 which amounted to an agreement under s.5(4) of the amended Ordinance to vary the notice period, rendering a statutory TTN unnecessary; accordingly the Defendant was not entitled to deduct one month's rent in lieu and judgment was entered for the Plaintiff for HK$53,225.80 plus interest.
8 Nov 2006

SUNBEAM INVESTMENTS LTD v. PEEPELS, STEPHEN

Citation

SUNBEAM INVESTMENTS LTD v. PEEPELS, STEPHEN
Court

Lands Tribunal
Case number

LDPD3137/2005

The Tribunal preferred the respondent expert's interpolation method for time adjustments, accepted a limited upward orientation adjustment and a 5% downward adjustment for condition, accepted standard floor-level adjustments (0.75% per floor), rejected an allowance for neighbouring unit renovation noise, averaged the two best adjusted comparables to derive a net monthly rent of $69,789 and added agreed outgoings of $11,500 to determine the prevailing inclusive market rent at $81,300 per month from 1 September 2005.
4 Oct 2006

SOUND VIEW ENTERPRISES LTD v. CHAN KAI LUNG LERRY

Citation

SOUND VIEW ENTERPRISES LTD v. CHAN KAI LUNG LERRY
Court

Lands Tribunal
Case number

LDPD1477/2006

The TTN was invalid because it failed to state or make ascertainable the effective termination date as required by s6(2) of the Ordinance; therefore the tenancy was not terminated and the applicant could not recover possession.
24 Mar 2006

FUBON BANK (HONG KONG) LTD v. WELFORM LTD

Citation

FUBON BANK (HONG KONG) LTD v. WELFORM LTD
Court

Lands Tribunal
Case number

LDPD3138/2005

The Tribunal found on the evidence of negotiation, correspondence, receipts and the parties' conduct (payments and occupation) that an oral agreement for a 3-month extension (1 Dec 2004–28 Feb 2005) existed at HKD18,500 per month; accordingly section 5 of the Amendment Ordinance meant no transitional termination notice was required for that extension, the fixed term expired on 28 Feb 2005, the Respondent became a licensee thereafter and the Applicant was entitled to recover possession and to mesne profits and costs as ordered.