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Real Estate Dispute & Litigation

We advise on the following areas of disputes arising from the property context: 

  • Building management issues and matters under the Building Management Ordinance;
  • Disposal issues surrounding the acquisition of commercial, residential and mixed-use real estate;
  • Landlord and tenant matters including break notice disputes, service charge claims, possession and forfeiture actions, dilapidations and lease renewal;
  • Neighbour disputes in relation to nuisance, breach of quiet enjoyment, boundary issues, restrictive covenants and easements;
  • Security of tenure including disputes surrounding contested and uncontested lease renewals;
  • Insolvency-related disputes concerning liquidation, administration and receivership of landlords, tenants, sub-tenants and third parties; and
  • Professional negligence concerning advice given by solicitors, valuers, professional agents and management companies.

We provide legal services to developers, purchasers, corporate investors, fund managers, public bodies, government agencies, enterprises, banks, financial institutions and individuals.

If you would like to know more about our real estate practice or how we can help your business, please contact us at (852) 2810 1212 or at property@onc.hk.

Please refer to our articles in ‘Knowledge’

Recommended Posts

COVID-19 tenancy termination and rent abatement issues
The World Health Organization classified the outbreak of COVID-19 as a pandemic on 11 March 2020. The Hong Kong Government has been implementing a series of control measures, including travel and border restrictions and compulsory quarantine for 14 days, to curtail the number of infections and combat the ongoing outbreak. As a consequence, business disruptions with a reduced need for office and shop spaces, and a significant and abrupt business slowdown affect a lot of business tenants in Hong Kong. The key issues for a business tenant to consider are whether in an outbreak a tenant can use that as a ground to early terminate the tenancy agreement or request for a rent abatement until the situation gets better. This article will focus on the application of force majeure clauses and the doctrine of frustration with regards to the possible early tenancy termination and rent abatements.
Can I Sue My Neighbour for Water Seepage?
Introduction Water leakage, which often originates from the flat above, is a common problem encountered by many occupiers of units in a multi-storey building and is often litigated in Hong Kong. In such case, the tort of nuisance plays a role in regulating the activities of one’s neighbours. In Tin Kin Ka Clara v Chan Koon Cheong & Hui Koon Chun Eleanor DCCJ 3139/2012 (the “Tin Kin Ka Clara”), parties involved at first solved the problems through the management office of the development (the “Management Office”) and the Buildings Department/Food and Environmental Hygiene Department Joint Office (the “Joint Office”) but eventually the plaintiff (“P”) resorted to commencing civil claims against the defendants (“Ds”).
How Do Ongoing Litigations against the Incorporated Owners Affect Sale of Your Property?
Introduction Under section 20(2)(a) of the Building Management Ordinance (Cap. 344) (“BMO”), an incorporated owners (“IO”) may establish and maintain a contingency fund to provide for any expenditure of an unexpected or urgent nature. Further, under section 21 of the BMO, the management committee of the IO has the power to determine the amount of contribution to be payable by the owners from time to time. The amount so payable by an owner is a debt due and payable from him to the IO. In Chi Kit Co Ltd v Lucky Health International Enterprise Ltd [2000] 2 HKLRD 503 (“Chi Kit”), the Court of Final Appeal held, inter alia, that the liability of a unit owner to meet a contribution to the funds maintained by the IO would constitute a defect in title if it was so extraordinary having regard to matters such as its nature or magnitude as to be wholly outside the contemplation of a reasonable purchaser. While liability could potentially be called for to meet a judgment in a substantial sum of $25.7 million (plus costs) entered against the IO in Chi Kit long before completion, it was held in two recent cases that the principle in Chi Kit is equally applicable to ongoing litigations and where much lesser amounts of damages and/or costs are claimed.
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