Lease: licence: exclusive possession
A right to possession granted in the context of the acquisition of some larger interest (such as a lease), as part of the agreement in respect of that larger interest itself and pending the grant of the larger interest is a licence only (Cameron Limited v Rolls-Royce plc)
Lease: agreement for lease: usual covenants: forfeiture provision
A provision for forfeiture for non-payment of rent is a usual covenant in Hong Kong (Sun Hing Company v Brilliant Investment Co Ltd)
Lease: periodic tenancy: notice to quit
A valid notice to quit can adopt the formula recommended by A.L. Smith L.J. in Sidebotham v Holland (“or at the expiration of the year of your tenancy, which shall expire next after the end of one half-year from the service of this notice,”) ( Leung Chung Ting (No 2) v Tin Yat Co)
Once served, a notice to quit cannot be withdrawn (Kam Wing Property Investments Ltd v Koncord Ltd)
Lease: validity
A purported lease agreement was void when exercise of the tenant’s right to possession would be a criminal offence (Li Wing-Sun v Wu Man)
Tenancy at will: conveyance of reversion
‘The moment the tenant knows that the landlord has done an act which is inconsistent with the continuance of his will – which he has done when he has parted with the reversion, – that is a determination of the will, and the tenant must know that it is his duty to quit at once.’ (Alderson, B) (Doe d Davies v James Thomas)
