NGAI NGOK PANG 及另一人 對 LEE SYN YUK, MICHELLE

NGAI NGOK PANG 及另一人 對 LEE SYN YUK, MICHELLE

The Tribunal dismissed the review because the earlier decision correctly applied authorities and facts: the 1 July 2012 correspondence did not have the legal effect relied on by applicants to prevent the finding of a new tenancy; the applicants' pursuit/acceptance of payments after the termination notice indicated an intention to permit continued occupation (consistent with creation or restoration of tenancy), the respondent's compliance with Tribunal directions reinforced that position, and there was no cogent evidence of procedural bias or material error of law warranting overturning the 15 November 2012 decision.

Citation
NGAI NGOK PANG 及另一人 對 LEE SYN YUK, MICHELLE
Parties
First Applicant (owner): Ngai Ngok Pang; Second Applicant (owner): Ngai Yu Ling, Mony; Respondent (tenant): Lee Syn Yuk, Michelle
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
21 January 2013
Case Number
LDPD2002/2012
Procedural Posture
Land Tribunal — Landlord/tenant Possession Dispute / Application for Review of Tribunal Decision
Outcome
Review application dismissed; decision of 15 November 2012 upheld
Legal Topics
Termination of Tenancy, Mesne Profits / Interim Rents, Creation of New Tenancy by Acceptance of Payments, Application for Review, Judicial Impartiality
Source Language
CH
Landlord and Tenant Law Property Law Tribunal Procedure Termination of Tenancy Mesne Profits / Interim Rents Creation of New Tenancy by Acceptance of Payments Application for Review Judicial Impartiality

Case Brief

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Parties

Ngai Ngok Pang

First Applicant (owner)

Ngai Yu Ling, Mony

Second Applicant (owner)

Lee Syn Yuk, Michelle

Respondent (tenant)

Procedural Posture

Land Tribunal — Landlord/tenant Possession Dispute / Application for Review of Tribunal Decision

Legal Issues

  1. 1 Whether the 1 July 2012 letter by the landlord withdrew or modified the 5 June 2012 termination notice
  2. 2 Whether the landlord's subsequent claim/acceptance of payments (mesne profits) operated as intention to grant a new tenancy
  3. 3 Whether the Tribunal misapplied cited authorities (DCCJ 7088/2003; Lord Goddard CJ)

Ratio Decidendi

The Tribunal dismissed the review because the earlier decision correctly applied authorities and facts: the 1 July 2012 correspondence did not have the legal effect relied on by applicants to prevent the finding of a new tenancy; the applicants' pursuit/acceptance of payments after the termination notice indicated an intention to permit continued occupation (consistent with creation or restoration of tenancy), the respondent's compliance with Tribunal directions reinforced that position, and there was no cogent evidence of procedural bias or material error of law warranting overturning the 15 November 2012 decision.

Court Disposition

Review application dismissed; decision of 15 November 2012 upheld

Orders

  • Review application dismissed
  • No order as to costs