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 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Once served, a notice to quit cannot be withdrawn (Kam Wing Property Investments Ltd v Koncord Ltd)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)

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