Event

Tenancy Disputes, Building Management and Unauthorized Building Works: 23 July 2021 (Friday), 2.30pm to 5.45pm

Date: 23 July 2021 (Friday)
Time: 2:30pm – 5:45pm
Organiser: Lex Omnibus
Level: I (Intermediate)
For delegates who have prior knowledge of the subject area
Language: English
Fee: HK$ 1,700
Accreditation: 3 CPD pts (Accredited by The Law Society of Hong Kong)
Ref: L21CY03
Venue: Webinar Course

If you wish to attend this course, please visit http://www.lexomnibus.com/includes/course_details.php?code=L21CY03 

Outline

1. Tenancy agreements: strategies for landlord vs strategies for tenants

• Termination of tenancy agreement: when to terminate and effects on litigation.

• Relief against forfeiture

• Common tenancy clauses affecting the giving of vacant possession and the calculation of damages: rental arrears; management fees and other expenses; interest (contractual and otherwise); mesne profits; set-offs and deductions.

Guidance on summary proceedings.

• Pros and cons of pursuing distraint proceedings.

• Issues arising after obtaining possession.

2. Resolving common building management disputes

• Interaction between DMC and Building Management Ordinance: powers, breaches and possible defences

• Common issues between Incorporated Owners and individual owners: use of common parts and unauthorised building works

• Common issues between Incorporated Owners and Building Manager: negligence by building management company

3. Unauthorized Building Works

• contexts where Unauthorized Building Works become relevant

• what is building or building works?

• section 41(3) Exemption: “not involving structure of the building” and “in” the building

• enforcement policy and priority of enforcement


Presenters

Isabel Tam

Isabel Tam has appeared as sole counsel in the Court of Appeal, the Court of First Instance, the District Court and the Magistrates’ Courts. She has also appeared in the Court of Final Appeal.

Her experience in public law includes: judicial reviews and hearings relating to the Small House Policy, the “Co-location Arrangement”, the 3rd airport runway, immigration decisions, disciplinary decisions, and administrative tribunals.

Her experience in family law includes: children matters, ancillary relief, anti-suit injunction, and harassment-related proceedings.

Her experience in regulatory matters includes: representing the SFC in disciplinary proceedings and in trial, advising on competition law, advising on listing rules, and representing respondent and complainant in professional misconduct cases.

Her experience in building management includes: trials and hearings on adverse possession, management fees, disputes over common parts, IO meeting procedures, charging orders, and unauthorized building works.

Her legal experience outside Hong Kong includes working on a state-to-state international arbitration, researching at the International Environmental Law Research Centre in Kenya and a summer judicial clerkship at U.S. federal court. She is also called to the Bar in New York.

She regularly undertakes pro bono work, including advising non-profit organizations and acting for litigants on a pro bono basis. She is also interested in environmental law, and has advised and published on the ivory trade and trade in endangered species.

Jasper Wong

Jasper graduated with a Double First in Law at the University of Cambridge. He was the first recipient of the Sir Oswald Cheung Scholarship at the University of Hong Kong, which is awarded to the best HKU PCLL applicant who intends to join the Bar each year.

Jasper is developing a broad civil practice, including in arbitration, bankruptcy and land law. He has handled a number of cases before the Anti‐Money Laundering and Counter‐Terrorist Financing Review Tribunal.

Disclaimer: This event is organised solely by Lex Omnibus Limited. Except as otherwise noted, the views expressed at this event are the views of the speaker only and do not represent the opinions of any other Member or employee of Denis Chang’s Chambers.