Conveyancing / Tenancy / Land

Domestic Tenancies

By Malcolm Merry
LexisNexis Hong Kong January 1997

Specifications

ISBN-13
9780409999242
Publisher
LexisNexis Hong Kong
Publication
January 1997
Format
Hardback
Jurisdiction
Hong Kong ? Countri(es) for reference only

Details

Domestic Tenancies contains a deep and comprehensive account of the legislation which now covers a wide range of domestic premises, from houses to flats to cubicles. The legislation is complicated and the procedures which it requires both tenant and landlord to follow are complex. Domestic Tenancies aims to explain the legislation and the procedure with accuracy and lucidity, whilst warning of the difficulties and the pitfalls that await the unwary.

This is the first extended treatment of the regime which governs the determination and renewal of most domestic tenancies in Hong Kong, Part IV of the Landlord and Tenant (Consolidation) Ordinance. Since this legislation was introduced in 1981 the need has become apparent for a work which deals in detail with its complexity and the impressive volume of case law which it attracted. Designed for the practitioner, Domestic Tenancies combines a copiously-footnoted propositional style with discussion of difficult practical questions.

The text traces the background to the legislation, gives an overview of its content, considers its application both in summary and in detail and then turns to deal with its effect. The procedures for termination and for renewal of tenancies, matters which have come under frequent judicial scrutiny, are closely treated, as are the various grounds for opposition to the grant of a new tenancy. A feature which will be of especial interest to surveyors and valuers is the chapter concerning prevailing market rent. Chapters are also devoted to: the terms of the new tenancy; the Lands Tribunal hearing; consequences of the refusal of a new tenancy; - consequences of the tribunal's order; reviews and appeals.

Extracts from relevant ordinances, rules, directions and forms are included in appendices.

Table of Contents

  1. Background to Part IV 
  2. Effect of Part IV 
  3. Termination procedure 
  4. Renewal of tenancies 
  5. Grounds of opposition 
  6. The hearing 
  7. Refusal of new tenancy 
  8. Terms of new tenancy 
  9. Prevailing market rent 
  10. Review and appeal 
  11. Consequences of the order 
  12. Ordinances 
  13. Rules and directions o Forms
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