CHAN SHUN YAU v. AHMAD GULZAR

CHAN SHUN YAU v. AHMAD GULZAR

Respondent admitted the arrears and raised no valid defence; therefore the Tribunal ordered vacant possession and awarded arrears and costs, while granting a four‑week relief against forfeiture conditional on payment of all arrears of rent, management fees and costs within that period.

Citation
CHAN SHUN YAU v. AHMAD GULZAR
Parties
Applicant (landlord): Chan Shun Yau; Respondent (tenant): Ahmad Gulzar
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
11 November 1998
Case Number
LDPE322/1998
Procedural Posture
Landlord and Tenant — Possession and Rent Arrears Application to Lands Tribunal / Reasons for Decision (decision on Application)
Outcome
Application granted in part: order for vacant possession made with conditional relief against forfeiture.
Legal Topics
Vacant Possession, Forfeiture, Arrears of Rent, Management Fees, Costs
Source Language
EN
Landlord and Tenant Property Rent Recovery Possession Vacant Possession Forfeiture Arrears of Rent Management Fees +1 more

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Parties

Chan Shun Yau

Applicant (landlord)

Ahmad Gulzar

Respondent (tenant)

Procedural Posture

Landlord and Tenant — Possession and Rent Arrears Application to Lands Tribunal / Reasons for Decision (decision on Application)

Legal Issues

  1. 1 Whether vacant possession should be ordered
  2. 2 Whether arrears of rent and management fees are due
  3. 3 Whether relief against forfeiture should be granted and on what terms

Ratio Decidendi

Respondent admitted the arrears and raised no valid defence; therefore the Tribunal ordered vacant possession and awarded arrears and costs, while granting a four‑week relief against forfeiture conditional on payment of all arrears of rent, management fees and costs within that period.

Court Disposition

Application granted in part: order for vacant possession made with conditional relief against forfeiture.

Orders

  • Order for vacant possession of Flat B5, 9th Floor, Mirador Mansion, Kowloon in favour of the Applicant.
  • Four weeks relief against forfeiture granted: if the Respondent pays all arrears of rent, management fees and costs within four weeks the relief will operate.