Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Unauthorised subletting

  • 3 Aug 2015

    許培 對 楊焯輝

    Citation
    許培 對 楊焯輝
    Court
    Lands Tribunal
    Case number
    LDPE458/2015

    Tribunal found on balance of probabilities that the landlord knew of the unauthorised subletting and by requesting rent from the subtenant and dealing with him as manager had effectively waived the right to forfeit the lease; the applicant’s fresh evidence did not meet the Ladd v Marshall criteria and the proposed appeal had no reasonable prospect of success or legal error, therefore leave to appeal was refused and costs of HKD 150 awarded to the respondent.

  • 31 Oct 1979

    CHUK YAU-CHEONG v. LEE MIU-YING

    Citation
    CHUK YAU-CHEONG v. LEE MIU-YING
    Court
    Court of Appeal
    Case number
    CACV14/1979

    Waiver and estoppel are available defences to claims under section 53 of the Landlord and Tenant (Consolidation) Ordinance; the trial judge erred in allowing an amendment and proceeding without granting a reasonable adjournment or permitting further evidence and cross-examination, and the matter must be remitted to the District Judge to re-open the trial, allow an amended defence and determine entitlement to possession (including consideration of waiver, estoppel and comparative hardship).