Mesne profits following delay in giving vacant possession after surrender

In 張淑嫺v Chik Wai Yin ([2012] HKEC 1334, DC) the parties seem to have agreed on the surrender of the lease of a flat to take effect on 5 August 2010. At the meeting on the agreed date for the surrender, L claimed to be entitled to retain part of the rent deposit to cover the cost of repairs which she alleged to be the tenant’s responsibility. T only gave possession on 14 August 2010. T was ordered to pay mesne profits for the period from 5 to 14 August. The dispute as to the dilapidations / rent deposit did not affect the liability to pay mesne profits (even though T was entirely successful as regards this dispute).

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