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 granted to him. (Pang Kin Hang v Tsui Hung Restaurant Ltd)

Lease: periodic tenancy: sub-lease for a term greater than one period

A periodic tenant can grant a tenancy for a term that extends beyond a period of his tenancy but it will cease to have effect if the periodic tenancy is determined (Chan Sang v Choy Yuk)

Lease: variation: surrender and re-grant?

An agreement to increase the amount of the rent and the rental deposit did not lead automatically to the conclusion that there had been a surrender and re-grant. It is compatible with an intention to continue the existing lease on revised terms (West Coast International (Parking) Ltd v Secretary for Justice)

Lease: tenancy at will: termination

The assignment by the tenant at will of his interest to a third party is no determination of the tenancy, unless the lessor at will have notice. (Pinhorn v Souster)

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