JOHN RAYMOND WYTT v. YUE HING LAND INVESTMENT CO LTD

JOHN RAYMOND WYTT v. YUE HING LAND INVESTMENT CO LTD

Grant a two year new tenancy commencing 21 January 2001 because the respondent failed to demonstrate special circumstances justifying a later commencement date, a later date would prejudice the applicant financially and the respondent did not nominate a specific later date; accept the applicant's expert valuation with a minor upward adjustment resulting in a fixed market rent of HK$44,000 per month; refuse interest on refunds for lack of jurisdiction.

Citation
JOHN RAYMOND WYTT v. YUE HING LAND INVESTMENT CO LTD
Parties
Applicant (tenant): John Raymond Wytt; Respondent (landlord): Yue Hing Land Investment Company Limited
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
2 February 2005
Case Number
LDNT24/2001
Procedural Posture
New Tenancy Application (lands Tribunal) / Final Judgment
Outcome
New tenancy granted for two years commencing 21 January 2001; monthly rent fixed at HK$44,000; interest on refunds refused
Legal Topics
New Tenancy, Market Rent Assessment, Commencement Date, Term Length, Notice Period, Expert Valuation Evidence
Source Language
EN
Landlord and Tenant Property Law Civil Procedure New Tenancy Market Rent Assessment Commencement Date Term Length Notice Period +1 more

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Parties

John Raymond Wytt

Applicant (tenant)

Yue Hing Land Investment Company Limited

Respondent (landlord)

Procedural Posture

New Tenancy Application (lands Tribunal) / Final Judgment

Legal Issues

  1. 1 Whether a new tenancy should be granted
  2. 2 Appropriate length of the new tenancy term
  3. 3 Commencement date of the new tenancy

Ratio Decidendi

Grant a two year new tenancy commencing 21 January 2001 because the respondent failed to demonstrate special circumstances justifying a later commencement date, a later date would prejudice the applicant financially and the respondent did not nominate a specific later date; accept the applicant's expert valuation with a minor upward adjustment resulting in a fixed market rent of HK$44,000 per month; refuse interest on refunds for lack of jurisdiction.

Court Disposition

New tenancy granted for two years commencing 21 January 2001; monthly rent fixed at HK$44,000; interest on refunds refused

Orders

  • Grant new tenancy for two years commencing 21 January 2001 on same terms with monthly rent HK$44,000 inclusive as determined by the Tribunal
  • Refuse the applicant's claim for interest on refunds of excess rent paid