IP LEE HANG v. CHOI HIP HING

IP LEE HANG v. CHOI HIP HING

The tenancy agreement did not provide for a definite pecuniary payment to the landlord and instead contemplated repairs without a fixed monetary equivalent; therefore it did not constitute 'rent' under the Proclamation and falls outside its protection, so the Tribunal's refusal to order eviction was reversed.

Source-derived case information.

Citation
IP LEE HANG v. CHOI HIP HING
Parties
Appellant (applicant): Ip Lee Hang; Respondent (opponent): Choi Hip Hing
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 March 1947
Case Number
DCMP4/1947
Procedural Posture
Tenancy Appeal (summary Jurisdiction, Tenancy Tribunal) / Final Judgment on Appeal
Outcome
Appeal allowed; decision of Tenancy Tribunal reversed.
Legal Topics
Meaning of 'rent' Under Proclamation, Eviction Order, Interpretation of Statutory Protections
Source Language
en
Property Law Landlord and Tenant Statutory Interpretation Meaning of 'rent' Under Proclamation Eviction Order Interpretation of Statutory Protections

Source-derived case record

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Parties

Ip Lee Hang

Appellant (applicant)

Choi Hip Hing

Respondent (opponent)

Procedural Posture

Tenancy Appeal (summary Jurisdiction, Tenancy Tribunal) / Final Judgment on Appeal

Legal Issues

  1. 1 Whether 'rent' in the Proclamation includes non-pecuniary consideration (repairs) rather than money
  2. 2 Whether absence of a definite pecuniary sum excludes the tenancy from the Proclamation's protection

Ratio Decidendi

The tenancy agreement did not provide for a definite pecuniary payment to the landlord and instead contemplated repairs without a fixed monetary equivalent; therefore it did not constitute 'rent' under the Proclamation and falls outside its protection, so the Tribunal's refusal to order eviction was reversed.

Court Disposition

Appeal allowed; decision of Tenancy Tribunal reversed.

Orders

  • Premises to be vacated within 30 days from date hereof subject to payment within 14 days of costs in the sum of $250