CHASE MANHATTAN ASIA LTD. v. THE REPULSE BAY CO. LTD.

CHASE MANHATTAN ASIA LTD. v. THE REPULSE BAY CO. LTD.

The Tribunal held that s.119B one month notice or surrender/forfeiture can terminate an interim continuance under s.119N before expiry of the statutory three months, but the notice in this case failed because it was served one day short of a full month and the acceptance of keys was equivocal and did not constitute surrender; therefore the tenancy continued under s.119N from the withdrawal date 3 June 1996 until 2 September 1996 and interim rent at the agreed rate is payable for that period.

Citation
CHASE MANHATTAN ASIA LTD. v. THE REPULSE BAY CO. LTD.
Parties
Applicant (tenant): CHASE MANHATTAN ASIA LIMITED; Respondent (landlord): THE REPULSE BAY COMPANY LIMITED
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
5 July 1996
Case Number
LDNT870/1996
Procedural Posture
Lands Tribunal Application (landlord and Tenant) / Judgment on Interim Rent and Duration of Statutory Continuance
Outcome
Tenant's purported one month notice ineffective; surrender not established; tenancy continued under s.119N until 2 September 1996; interim rent awarded to landlord
Legal Topics
Interim Continuance, Notice to Quit, Surrender of Tenancy, Section 119 N, Section 119 B
Source Language
EN
Landlord and Tenant Law Property Law Statutory Interpretation Interim Continuance Notice to Quit Surrender of Tenancy Section 119 N Section 119 B

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Parties

CHASE MANHATTAN ASIA LIMITED

Applicant (tenant)

THE REPULSE BAY COMPANY LIMITED

Respondent (landlord)

Procedural Posture

Lands Tribunal Application (landlord and Tenant) / Judgment on Interim Rent and Duration of Statutory Continuance

Legal Issues

  1. 1 Whether a tenant's one month notice under s.119B(2) can terminate statutory interim continuance created by s.119N before expiry of the s.119N three month period
  2. 2 Whether the one month notice served one day short is valid
  3. 3 Whether acceptance of keys by landlord constituted surrender of tenancy before expiry of s.119N period

Ratio Decidendi

The Tribunal held that s.119B one month notice or surrender/forfeiture can terminate an interim continuance under s.119N before expiry of the statutory three months, but the notice in this case failed because it was served one day short of a full month and the acceptance of keys was equivocal and did not constitute surrender; therefore the tenancy continued under s.119N from the withdrawal date 3 June 1996 until 2 September 1996 and interim rent at the agreed rate is payable for that period.

Court Disposition

Tenant's purported one month notice ineffective; surrender not established; tenancy continued under s.119N until 2 September 1996; interim rent awarded to landlord

Orders

  • Interim rent at the agreed rate of $108,000 per month shall be paid by the Applicant to the Respondent monthly in advance from 22nd March 1996 to 2nd September 1996; leave to pay any unpaid prior interim rent within 14 days
  • No order as to costs