No implied lease term that premises are fit for any particular purpose

Yiktown Properties Ltd v Jeon Bok Sool ([2011] HKEC 1149) concerned a lease of premises intended to be used as a restaurant. The tenant claimed that she could not get a restaurant licence because the toilet facilities were inadequate. The judge declined to rely on the tenant’s evidence in a number of respects. In any event, he referred to authorities establishing the proposition that there is no implied term in a lease that the premises are physically or legally fit for any purpose. He found that there had been no representation or collateral contract to the effect that the premises were fit for use as a restaurant.

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