施姍姍 對 薈娛國際有限公司

施姍姍 對 薈娛國際有限公司

Refusal of out‑of‑time leave: the application was filed over 40 days late without reasonable explanation; given the seriousness of the delay the respondent must show a real prospect of success and it failed to do so because the tribunal correctly found (i) tenant vacated and abandoned the lease, (ii) landlord had no...

Source-derived case information.

Citation
[2025] HKLdT 62
Parties
Applicant: 施姍姍 (SZE SAN SAN); Respondent: 薈娛國際有限公司 (IBEAUTY INTERNATIONAL LIMITED)
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
16 October 2025
Case Number
LDPE609/2025
Procedural Posture
Land Tribunal Landlord and Tenant (possession and Rent) / Application for Leave to Appeal (out of Time)
Outcome
Application for leave to appeal (out of time) refused.
Legal Topics
Quiet Enjoyment, Repudiatory Breach and Acceptance, Late Application for Leave to Appeal, Extension of Time, Double Letting, Rent Arrears
Source Language
ch
Landlord and Tenant Civil Procedure Administrative Law Statutory Interpretation Appeals Quiet Enjoyment Repudiatory Breach and Acceptance Late Application for Leave to Appeal +3 more

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Parties

施姍姍 (SZE SAN SAN)

Applicant

薈娛國際有限公司 (IBEAUTY INTERNATIONAL LIMITED)

Respondent

Procedural Posture

Land Tribunal Landlord and Tenant (possession and Rent) / Application for Leave to Appeal (out of Time)

  1. 1 Whether to grant leave to appeal out of time given a 40+ day delay and no reasonable explanation
  2. 2 Whether the landlord had an obligation to remedy third‑party noise amounting to breach justifying early termination
  3. 3 Whether the tenant had effectively abandoned the premises and/or validly terminated the lease

Ratio Decidendi

Refusal of out‑of‑time leave: the application was filed over 40 days late without reasonable explanation; given the seriousness of the delay the respondent must show a real prospect of success and it failed to do so because the tribunal correctly found (i) tenant vacated and abandoned the lease, (ii) landlord had no legal duty to remedy third‑party noise in the circumstances, and (iii) the proposed statutory arguments were misconceived or inapplicable; therefore leave to appeal was refused.

Court Disposition

Application for leave to appeal (out of time) refused.

Orders

  • Leave to appeal refused.
  • Earlier orders of 13 June 2025 stand: respondent returned vacant possession on 19 May 2025; respondent ordered to pay arrears/interim income from 18 April 2025 to 19 May 2025 calculated at HKD 11,000 per month.