YEUNG KWAI YING v. JAMES TANYA JACQUALINE

YEUNG KWAI YING v. JAMES TANYA JACQUALINE

The tribunal found no clause in the written tenancy prohibiting subletting and rejected the applicant's oral account as not credible; therefore the 1st and 2nd respondents sublet the 1/F to the 3rd respondent, who is treated as the direct tenant and ordered to pay rent; the applicant retains right to recover possession of the ground floor from the 1st and 2nd respondents and is entitled to arrears and mesne profit as calculated by the tribunal.

Citation
YEUNG KWAI YING v. JAMES TANYA JACQUALINE
Parties
Applicant: bjbj; 2nd Respondent: JiBh; 3rd Respondent: Lovatt Nicholas Charles
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
16 February 2001
Case Number
LDPD1451/2000
Procedural Posture
Landlord and Tenant – Possession / Judgment
Outcome
Partly for Applicant and partly for 3rd Respondent: 3rd Respondent declared direct tenant and ordered to pay rent; Applicant entitled to possession of G/F against 1st and 2nd respondents; arrears and mesne profit awarded.
Legal Topics
Possession, Subletting, Mesne Profit, Joinder
Source Language
EN
Landlord and Tenant Property Law Civil Procedure Possession Subletting Mesne Profit Joinder

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Parties

bjbj

Applicant

JiBh

2nd Respondent

Lovatt Nicholas Charles

3rd Respondent

Procedural Posture

Landlord and Tenant – Possession / Judgment

Legal Issues

  1. 1 Whether the tenants sublet the premises in breach of the tenancy
  2. 2 Whether an oral prohibition on subletting is effective in the absence of a contractual clause
  3. 3 Whether the 3rd respondent should be joined and declared a direct tenant

Ratio Decidendi

The tribunal found no clause in the written tenancy prohibiting subletting and rejected the applicant's oral account as not credible; therefore the 1st and 2nd respondents sublet the 1/F to the 3rd respondent, who is treated as the direct tenant and ordered to pay rent; the applicant retains right to recover possession of the ground floor from the 1st and 2nd respondents and is entitled to arrears and mesne profit as calculated by the tribunal.

Court Disposition

Partly for Applicant and partly for 3rd Respondent: 3rd Respondent declared direct tenant and ordered to pay rent; Applicant entitled to possession of G/F against 1st and 2nd respondents; arrears and mesne profit awarded.

Orders

  • Commencing on 1 March 2001 the 3rd Respondent do pay to the Applicant $2,500 per month as rental for 1st floor, No.16A Tai Wan Old Village, Lamma Island.
  • Other terms of the tenancy to be similar to those between the 1st and the 2nd Respondents and the 3rd Respondent.