MAMIE DUNN v. NEW ESTATE COMPANY LIMITED

MAMIE DUNN v. NEW ESTATE COMPANY LIMITED

Because the respondent did not oppose and the Tribunal could take judicial notice of recent negotiated rents for comparable flats in the same building (e.g. $13,291 and $14,400 pcm shown in L.T. 88 of 1984), the Tribunal fixed the new rent at $14,000 per calendar month exclusive of rates and ordered a 3-year tenancy from 1 April 1984.

Citation
MAMIE DUNN v. NEW ESTATE COMPANY LIMITED
Parties
Tenant/applicant: Mamie Dunn; Landlord/respondent: New Estate Company Limited
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
14 June 1984
Case Number
LDLA104/1984
Procedural Posture
Application Under Part IV of the Landlord and Tenant (consolidation) Ordinance, Cap. 7 / Judgment/determination
Outcome
New tenancy granted for 3 years from 1 April 1984 at $14,000 per calendar month exclusive of rates; no order as to costs; liberty to apply reserved.
Legal Topics
New Tenancy, Rent Determination, Part IV Proceedings
Source Language
EN
Property Law Landlord and Tenant (consolidation) New Tenancy Rent Determination Part IV Proceedings

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Parties

Mamie Dunn

Tenant/applicant

New Estate Company Limited

Landlord/respondent

Procedural Posture

Application Under Part IV of the Landlord and Tenant (consolidation) Ordinance, Cap. 7 / Judgment/determination

Legal Issues

  1. 1 Whether a new tenancy should be granted under Section 117(1)
  2. 2 What is the proper market rent for the premises
  3. 3 Effect of the landlord electing not to oppose the application

Ratio Decidendi

Because the respondent did not oppose and the Tribunal could take judicial notice of recent negotiated rents for comparable flats in the same building (e.g. $13,291 and $14,400 pcm shown in L.T. 88 of 1984), the Tribunal fixed the new rent at $14,000 per calendar month exclusive of rates and ordered a 3-year tenancy from 1 April 1984.

Court Disposition

New tenancy granted for 3 years from 1 April 1984 at $14,000 per calendar month exclusive of rates; no order as to costs; liberty to apply reserved.

Orders

  • Respondent to grant a new tenancy to the applicant for 3 years from 1 April 1984 at a new rent of $14,000 per calendar month exclusive of rates.
  • No order as to costs.