CHOW WING v. YUEN CHI-HUNG AND ANOTHER

CHOW WING v. YUEN CHI-HUNG AND ANOTHER

Although the landlord established a reasonable requirement for the premises for himself and his wife, the court exercised its discretion and dismissed the possession claim because eviction would be inequitable in light of the tenant's very long tenancy since 1966 and the significant hardship to a large family; landlord awarded rent arrears only.

Citation
CHOW WING v. YUEN CHI-HUNG AND ANOTHER
Parties
Plaintiff: CHOW Wing; 1st Defendant: YUEN Chi-hung; 2nd Defendant: WONG Pak-ping
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 July 1980
Case Number
DCCJ2713/1980
Procedural Posture
Landlord and Tenant Possession / Judgment
Outcome
Action for possession dismissed; judgment for rent arrears awarded in favour of plaintiff.
Legal Topics
Possession, Unlawful Subletting, Reasonable Requirement, Security of Tenure, Tenant Hardship, Rent Arrears
Source Language
EN
Landlord and Tenant Housing Civil Procedure Possession Unlawful Subletting Reasonable Requirement Security of Tenure Tenant Hardship +1 more

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Parties

CHOW Wing

Plaintiff

YUEN Chi-hung

1st Defendant

WONG Pak-ping

2nd Defendant

Procedural Posture

Landlord and Tenant Possession / Judgment

Legal Issues

  1. 1 Whether subletting occurred after December 1973
  2. 2 Whether landlord reasonably requires the premises for use as a dwelling for himself and his wife
  3. 3 Whether it would be manifestly unjust or inequitable to order possession given the tenant's long tenancy and family circumstances

Ratio Decidendi

Although the landlord established a reasonable requirement for the premises for himself and his wife, the court exercised its discretion and dismissed the possession claim because eviction would be inequitable in light of the tenant's very long tenancy since 1966 and the significant hardship to a large family; landlord awarded rent arrears only.

Court Disposition

Action for possession dismissed; judgment for rent arrears awarded in favour of plaintiff.

Orders

  • Action for possession dismissed
  • Judgment for rent arrears at $822.20 per month from 12 February 1980 to 15 July 1980