FUNG KWAI CHING (LANDLADY) v. YICK KIT BING (TENANT)

FUNG KWAI CHING (LANDLADY) v. YICK KIT BING (TENANT)

Because the respondent served an unqualified counter-notice thereby accepting the notice to quit as valid and the applicant acted on that acceptance to pursue the application, the respondent is estopped/has waived the right to challenge the notice's validity and cannot now do so; therefore the notice is treated as valid and the application may proceed.

Citation
FUNG KWAI CHING (LANDLADY) v. YICK KIT BING (TENANT)
Parties
Applicant (landlady): Fung Kwai Ching; Respondent (tenant): Yick Kit Bing
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 March 1974
Case Number
DCCJ190/1973
Procedural Posture
Rent Increases Application No. 190 of 1973 / Ruling (district Court)
Outcome
Respondent precluded from challenging validity of the notice to quit; applicant's application may proceed.
Legal Topics
Notice to Quit, Counter Notice, Waiver, Estoppel, Rent Control, Procedural Compliance
Source Language
EN
Landlord and Tenant Property Law Civil Procedure Statutory Interpretation Notice to Quit Counter Notice Waiver Estoppel +2 more

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Parties

Fung Kwai Ching

Applicant (landlady)

Yick Kit Bing

Respondent (tenant)

Procedural Posture

Rent Increases Application No. 190 of 1973 / Ruling (district Court)

Legal Issues

  1. 1 Whether a notice to quit is invalid because it expired on the wrong date
  2. 2 Whether the tenant's service of a counter-notice amounted to acceptance or waiver preventing a later challenge
  3. 3 Whether the repealed s.54 Cap.7 required a valid notice as a prerequisite to a counter-notice and the consequences of that requirement

Ratio Decidendi

Because the respondent served an unqualified counter-notice thereby accepting the notice to quit as valid and the applicant acted on that acceptance to pursue the application, the respondent is estopped/has waived the right to challenge the notice's validity and cannot now do so; therefore the notice is treated as valid and the application may proceed.

Court Disposition

Respondent precluded from challenging validity of the notice to quit; applicant's application may proceed.