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‘Waiver’ of notice to quit? New tenancy and estoppel
In Kam Wing Property Investments Ltd v Koncord Ltd ([2005] HKEC 213, CA) T had the benefit of a periodic tenancy. L served notice to quit. T refused to leave and so L applied to the court for...
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Notice to quit: validity of notice giving a specified date and then using a...
In Leung Chung Ting (No 2) v Tin Yat Co ([1963] HKLR 304) T held under a monthly periodic tenancy. L gave T notice ‘to quit and deliver up possession by 19 November, 1961, or on the last day of your...
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Provision for forfeiture for non-payment of rent is a usual covenant in Hong...
In Sun Hing Company v Brilliant Investment Co Ltd ([1966] HKLR 310, FC) L and T entered into a provisional agreement for lease but no formal agreement was entered into (though the ‘provisional’...
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Tenancy void for illegality
In Li Wing-Sun v Wu Man ([1978] HKLR 575, CA) L was a licensee of the Government. The licence prohibited any ‘transfer’. In breach of the licence terms, L granted a lease to T. The question was whether...
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Weekly Review: 27th – 31st May 2013
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...
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Periodic tenant can grant a lease for a term that exceeds a single period of...
In Chan Sang v Choy Yuk ([1963] HKLR 476) it was confirmed that a periodic tenant can grant a tenancy for a term that extends beyond a period of his tenancy but that it will cease to have effect if the...
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Holding over
In Pang Kin Hang v Tsui Hung Restaurant Ltd ([1986] HKEC 12) T refused to leave the demised premises at the end of the term. L sought vacant possession and mesne profits by summary judgment. It was...
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Holding over: parties at cross-purposes
In Shum Tsing Fai v Chiap Heng Cheng (HK) Ltd ([2001] HKEC 296, CFI) a fixed term tenancy came to an end. The tenant had an option to renew for a further two years but did not exercise it. As the...
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Effect of assignment on a tenancy at will
In Pinhorn v Souster (155 E.R. 1560) one of the questions was whether a tenancy at will had been determined as a result of the assignment of the tenancy. Parke B, said: ‘[T]he assignment by the tenant...
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Periodic tenancy: effect of exercise of landlord’s right to increase the rent
In West Coast International (Parking) Ltd v Secretary for Justice ([2001] HKEC 442, CA) L granted T a lease for a two year fixed term. At the end of the two years, the agreement provided for the...
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Weekly review: 3 – 7 June 2013
Lease: periodic tenancy: holding over If a tenant whose lease has expired is allowed to continue in possession while negotiating a new lease, he is a tenant at will, until some other interest is...
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Break clause: can the tenant recover ‘excess’ rent paid in advance?
In Marks & Spencer plc v Bnp Paribas Securities Services Trust Company (Jersey) Ltd ([2013] EWHC 1279 (Ch)) a lease contained a break clause. If exercised, the lease would determine in between the...
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When is a statement clear and unambiguous for the purposes of equitable...
In Kim v Chasewood Park Residents Ltd ([2013] EWCA Civ 239, CA (Eng)) K was one of the flat owners at an estate called Chasewood Park (holding under the terms of a 125 year lease). The reversion (a...
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Proprietary estoppel: reliance and detriment
In Cheung Pak Chuen v Au Yeung Wing Chi ([2013] HKEC 721, CFI) C moved to Hong Kong to be with his father and step-mother. Encouraged by them, he brought his family to live in the property owned by the...
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Misrepresentation: whether material
In Master Yield Ltd v Ho Foon Yung Anesis ([2013] HKEC 898, CA) L induced T to enter into a tenancy agreement by a misrepresentation to the effect that it would be possible to install air-conditioning...
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Weekly review: 10th – 14th June
Contract: misrepresentation A misrepresentation is material if it is one of the factors that induced the representee to enter into the contract. It is enough that, as a matter of fact, the representee...
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Weekly review: 17 – 21 June 2013
Deed of Mutual Covenant: incorporated owners; unauthorised structures Incorporated owners are not liable to pay for the cost of replacing unauthorised structures that they have removed for some...
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Illegal structure: blot on title?
In More Alliance Ltd v Shing Samuel ([2013] HKEC 629, CFI) V agreed to sell property to P. P refused to complete contending that a number of requisitions had not been satisfactorily answered and that V...
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Can the standard requirement to pay a sum equivalent to the deposit as...
In Chan Yuen Ka Crystal v Chu Cheong Kit Raymond ([2009] HKEC 1705, CFI) the provisional sale and purchase agreement provided that should the seller fail to complete the sale then he was to refund the...
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