蕭楗燊 v. DEVI MADHURI AND ANOTHER

蕭楗燊 v. DEVI MADHURI AND ANOTHER

The 1st defendant unilaterally terminated the lease without the plaintiff's consent, is bound by Clause 1 despite not understanding Chinese, and is liable for rent to the end of the fixed term plus unpaid electricity and management fees; deposit is to be applied and deducted to avoid double recovery; counterclaim for harassment and claimed losses from electricity disconnection and other damages are dismissed for lack of credible and corroborating evidence.

Citation
[2025] HKDC 843
Parties
1st Plaintiff: 蕭楗燊; 1st Defendant: DEVI MADHURI; 2nd Defendant: VASHISTH. SHATLENDER
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 July 2025
Case Number
DCCJ4475/2022
Procedural Posture
Tenancy Dispute / Judgment at Trial
Outcome
Judgment for the plaintiff against 1st defendant for specified sums; counterclaim dismissed; claim against 2nd defendant dismissed previously; no order as to costs.
Legal Topics
Lease Termination, Forfeiture of Deposit, Damages for Breach of Lease, Harassment (tort), Withholding Utilities, Pre Judgment and Judgment Interest, Witness Credibility
Source Language
EN
Contract Landlord and Tenant Tort Civil Procedure Lease Termination Forfeiture of Deposit Damages for Breach of Lease Harassment (tort) +3 more

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Parties

蕭楗燊

1st Plaintiff

DEVI MADHURI

1st Defendant

VASHISTH. SHATLENDER

2nd Defendant

Procedural Posture

Tenancy Dispute / Judgment at Trial

Legal Issues

  1. 1 Whether the defendant prematurely terminated the tenancy without consent
  2. 2 Whether the defendant is bound by the termination clause despite not understanding Chinese
  3. 3 Quantum of rent and other sums payable under the Tenancy Agreement

Ratio Decidendi

The 1st defendant unilaterally terminated the lease without the plaintiff's consent, is bound by Clause 1 despite not understanding Chinese, and is liable for rent to the end of the fixed term plus unpaid electricity and management fees; deposit is to be applied and deducted to avoid double recovery; counterclaim for harassment and claimed losses from electricity disconnection and other damages are dismissed for lack of credible and corroborating evidence.

Court Disposition

Judgment for the plaintiff against 1st defendant for specified sums; counterclaim dismissed; claim against 2nd defendant dismissed previously; no order as to costs.

Orders

  • 1st defendant to pay the plaintiff HK$403,340
  • Interest on HK$403,340 at judgment rate from date of judgment until payment