ANNA MA v. CHAN PANG YEN AND ANOTHER

ANNA MA v. CHAN PANG YEN AND ANOTHER

Tribunal assessed prevailing market rent at $300 per month exclusive of rates, apportioned $8 per month rates from the current $218 to give an adjusted current rent of $210, applied the statutory formula (half the difference), and determined the allowable increase to be $45 per month effective 1 June 1984; appeal allowed in part and Commissioner's reviewed increase reduced accordingly.

Citation
ANNA MA v. CHAN PANG YEN AND ANOTHER
Parties
Appellant: Anna Ma; 1st Respondent: Chan Pang Yen; 2nd Respondent: Commissioner of Rating & Valuation
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
7 November 1984
Case Number
LDLA26/1984
Procedural Posture
Landlord and Tenant Appeal (section 60) / Appeal From Commissioner's Review of Certificate of Increase of Rent
Outcome
Appeal allowed in part; increase reduced to $45 per month and takes effect 1 June 1984; no order as to costs.
Legal Topics
Increase of Rent, Certificate of Increase of Rent, Apportionment of Rates and Service Charges, Assessment of Prevailing Market Rent, Statutory Calculation of Allowable Increase
Source Language
EN
Landlord and Tenant Rent Control Valuation Administrative Review Increase of Rent Certificate of Increase of Rent Apportionment of Rates and Service Charges Assessment of Prevailing Market Rent +1 more

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Parties

Anna Ma

Appellant

Chan Pang Yen

1st Respondent

Commissioner of Rating & Valuation

2nd Respondent

Procedural Posture

Landlord and Tenant Appeal (section 60) / Appeal From Commissioner's Review of Certificate of Increase of Rent

Legal Issues

  1. 1 Whether the certified increase complied with statutory formula and limits
  2. 2 Proper assessment of prevailing market rent exclusive of rates and service charges
  3. 3 Correct apportionment of rates and service charges from current rent

Ratio Decidendi

Tribunal assessed prevailing market rent at $300 per month exclusive of rates, apportioned $8 per month rates from the current $218 to give an adjusted current rent of $210, applied the statutory formula (half the difference), and determined the allowable increase to be $45 per month effective 1 June 1984; appeal allowed in part and Commissioner's reviewed increase reduced accordingly.

Court Disposition

Appeal allowed in part; increase reduced to $45 per month and takes effect 1 June 1984; no order as to costs.

Orders

  • Increase in rent set at HKD 45 per month with effect from 1 June 1984
  • No order as to costs