CHENG SANG v. TAM CHEONG

CHENG SANG v. TAM CHEONG

The Tribunal correctly found that the appellant's prolonged absence, non-payment of rent and inactivity after re‑occupation amounted to abandonment (or consent inferred) and/or surrender by operation of law; the landlord's subsequent letting to the respondent terminated the appellant's tenancy and justified the eviction; appellant's remedy, if any, is damages against the landlord; respondent's possession is valid and appellant must vacate.

Citation
CHENG SANG v. TAM CHEONG
Parties
Appellant (opponent): Cheng Sang; Respondent (applicant): Tam Cheong
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 April 1946
Case Number
DCMP11/1946
Procedural Posture
Tenancy Tribunal Appeal / Appeal to Standing Military Court — Judgment
Outcome
Appeal dismissed; decision of the Tenancy Tribunal affirmed
Legal Topics
Abandonment of Tenancy, Surrender by Operation of Law, Eviction, Trespass, Non Payment of Rent, Sub‑letting
Source Language
EN
Property Law Tenancy Law Landlord and Tenant Civil Procedure Abandonment of Tenancy Surrender by Operation of Law Eviction Trespass +2 more

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Parties

Cheng Sang

Appellant (opponent)

Tam Cheong

Respondent (applicant)

Procedural Posture

Tenancy Tribunal Appeal / Appeal to Standing Military Court — Judgment

Legal Issues

  1. 1 Whether a subsisting tenancy existed after the appellant's absence and non-payment of rent following re-occupation
  2. 2 Whether the landlord's letting to the respondent and the appellant's inactivity amounted to a surrender by operation of law
  3. 3 Whether the letting by the landlord constituted an eviction entitling the appellant to damages only

Ratio Decidendi

The Tribunal correctly found that the appellant's prolonged absence, non-payment of rent and inactivity after re‑occupation amounted to abandonment (or consent inferred) and/or surrender by operation of law; the landlord's subsequent letting to the respondent terminated the appellant's tenancy and justified the eviction; appellant's remedy, if any, is damages against the landlord; respondent's possession is valid and appellant must vacate.

Court Disposition

Appeal dismissed; decision of the Tenancy Tribunal affirmed

Orders

  • Appellant to give up possession to the Respondent within 14 days
  • No order as to costs