Hong Kong Case Law: Decisions & Judgments

Topic

Variation of tenancy terms

Legal area

Court

27 Jan 1995

BAYER CHINA CO. LTD. v. MID-LEVELS PORTFOLIO (BRANKSOME) LTD.

Citation

BAYER CHINA CO. LTD. v. MID-LEVELS PORTFOLIO (BRANKSOME) LTD.
Court

Lands Tribunal
Case number

LDPD2589/1994

Respondent failed to show sufficient reason to vary the current tenancy by inserting a 6‑month redevelopment break clause; redevelopment was only a distant possibility and the statutory scheme prioritises tenant security for short statutory tenancies, therefore the new tenancy is to be granted on the same terms for two years and the prevailing market rent as at 14 July 1994 is fixed at HK$90,000 per month.
3 Aug 1983

JOHN H LEE v. THE HONGKONG AND SHANGHAI HOTELS LTD

Citation

JOHN H LEE v. THE HONGKONG AND SHANGHAI HOTELS LTD
Court

Lands Tribunal
Case number

LDLA15/1983

Asking rents and advertised offers are generally unreliable evidence of market rental value; completed renewals of comparable flats within the same development are the best evidence when supported by comparable circumstances; applying s.119J and s.119K the Tribunal exercised its discretion to set the new rent at the lower end of the observable renewal range and ordered a two‑month deposit consistent with prevailing renewal practice.
2 Aug 1983

EXXON CHEMICAL ASIA PACIFIC LTD v. CALI ENTERPRISES LTD

Citation

EXXON CHEMICAL ASIA PACIFIC LTD v. CALI ENTERPRISES LTD
Court

Lands Tribunal
Case number

LDLA34/1983

The Tribunal held that, under Section 119J, it should not vary the terms of the current tenancy absent good reason, declined to consider the parties' financial stability as a relevant factor, and therefore ordered the deposit to remain at an amount equal to two months' rent as consistent with the current tenancy and common practice.

Hong Kong Case Law

BAYER CHINA CO. LTD. v. MID-LEVELS PORTFOLIO (BRANKSOME) LTD.

JOHN H LEE v. THE HONGKONG AND SHANGHAI HOTELS LTD

EXXON CHEMICAL ASIA PACIFIC LTD v. CALI ENTERPRISES LTD