LEE KWOK YING v. TSE KAM HO

LEE KWOK YING v. TSE KAM HO

The Break Clause was valid and enforceable; the respondent repeatedly defaulted on rent and did not establish good cause for a second relief against forfeiture under s21F; the landlord satisfied repair obligations regarding the electricity supply and was not obliged to upgrade to 3-phase; accordingly possession was ordered and mesne profits awarded.

Citation
[2018] HKLdT 98
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
28 December 2018
Case Number
LDPD1854/2018
Procedural Posture
Recovery of Possession and Mesne Profits (landlord Tenant) / Judgment (lands Tribunal Hearing Concluded)
Outcome
Application granted: possession and mesne profits awarded; no order as to costs.
Legal Topics
Forfeiture, Relief Against Forfeiture, Repair and Maintenance Obligations, Break Clause/termination, Mesne Profits, Rent Arrears, Misrepresentation, Jurisdiction of Lands Tribunal
Source Language
EN
Landlord and Tenant Property Contract Civil Procedure Forfeiture Relief Against Forfeiture Repair and Maintenance Obligations Break Clause/termination +4 more

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Procedural Posture

Recovery of Possession and Mesne Profits (landlord Tenant) / Judgment (lands Tribunal Hearing Concluded)

Legal Issues

  1. 1 Validity and effect of the Break Clause
  2. 2 Whether relief against forfeiture should be granted after subsequent/defaulted rent payments
  3. 3 Whether the landlord breached repair obligations in respect of electricity supply

Ratio Decidendi

The Break Clause was valid and enforceable; the respondent repeatedly defaulted on rent and did not establish good cause for a second relief against forfeiture under s21F; the landlord satisfied repair obligations regarding the electricity supply and was not obliged to upgrade to 3-phase; accordingly possession was ordered and mesne profits awarded.

Court Disposition

Application granted: possession and mesne profits awarded; no order as to costs.

Orders

  • Respondent shall deliver vacant possession of 1/F, 211 Tseung Kwan O Village, Sai Kung, New Territories to the applicant.
  • Respondent shall pay mesne profits at the rate of $14,000 per month from 4 January 2019 until delivery of vacant possession.