WONG YIP v. COMMISSIONER OF RATING & VALUATION AND ANOTHER

WONG YIP v. COMMISSIONER OF RATING & VALUATION AND ANOTHER

On the facts the Tribunal found the premises to be used primarily for human habitation: after inspecting and reallocating areas to reflect evening residential use, furnishings and limited business income, domestic use exceeded non-domestic use (majority on the balance of probabilities), therefore the premises are domestic and within Part I of the Landlord and Tenant (Consolidation) Ordinance.

Citation
WONG YIP v. COMMISSIONER OF RATING & VALUATION AND ANOTHER
Parties
Appellant (tenant): Wong Yip; 1st Respondent: Commissioner of Rating & Valuation; 2nd Respondent (landlord): Fong Shek
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
11 April 1985
Case Number
LDLA1/1985
Procedural Posture
Landlord and Tenant Appeal / Appeal to Lands Tribunal Under Section 32(aa) Against Section 3(2) Determination
Outcome
Appeal allowed; premises declared primarily domestic and within Part I of the Landlord and Tenant (Consolidation) Ordinance.
Legal Topics
Part I V Part II Landlord and Tenant (consolidation) Ordinance, Mixed User, Definition of Domestic Premises, Primary User Determination, Standard/permitted Rent
Source Language
EN
Property Law Landlord and Tenant Law Statutory Interpretation Administrative Determination Part I V Part II Landlord and Tenant (consolidation) Ordinance Mixed User Definition of Domestic Premises Primary User Determination +1 more

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Parties

Wong Yip

Appellant (tenant)

Commissioner of Rating & Valuation

1st Respondent

Fong Shek

2nd Respondent (landlord)

Procedural Posture

Landlord and Tenant Appeal / Appeal to Lands Tribunal Under Section 32(aa) Against Section 3(2) Determination

Legal Issues

  1. 1 Whether the premises are domestic premises or business premises under Part I of the Landlord and Tenant (Consolidation) Ordinance
  2. 2 How to determine primary user in mixed use premises
  3. 3 Relevance of area allocation, time of use, furnishings and income to primary user

Ratio Decidendi

On the facts the Tribunal found the premises to be used primarily for human habitation: after inspecting and reallocating areas to reflect evening residential use, furnishings and limited business income, domestic use exceeded non-domestic use (majority on the balance of probabilities), therefore the premises are domestic and within Part I of the Landlord and Tenant (Consolidation) Ordinance.

Court Disposition

Appeal allowed; premises declared primarily domestic and within Part I of the Landlord and Tenant (Consolidation) Ordinance.

Orders

  • Appeal allowed
  • Premises declared domestic and within Part I of the Landlord and Tenant (Consolidation) Ordinance, Cap. 7