SUEN CHUNG KEE DANNY AND ANOTHER v. LUK SHU KUEN IRVING

SUEN CHUNG KEE DANNY AND ANOTHER v. LUK SHU KUEN IRVING

Tenancy was not surrendered but forfeited for non-payment; applicants lawfully retain the $8,600 deposit; arrears of rent to 16 December 1983 are payable; mesne profits are payable but reduced to $8,600 to reflect reasonable allowance for delay between forfeiture and judgment; claim for damages for the unexpired term is dismissed on procedural grounds because damages were not pleaded or included in the default orders.

Citation
SUEN CHUNG KEE DANNY AND ANOTHER v. LUK SHU KUEN IRVING
Parties
Applicants Landlords: SUEN CHUNG KEE DANNY & FUNG WAI MAY HEIDY; Respondent Tenant: LUK SHU KUEN IRVING
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
4 September 1984
Case Number
LDLA79/1984
Procedural Posture
Lands Tribunal Application for Forfeiture and Possession Under Landlord and Tenant Law / Final Judgment on Application
Outcome
Applicants' application partly allowed: deposit and arrears and reduced mesne profits awarded; claim for damages for unexpired term dismissed on procedural grounds
Legal Topics
Forfeiture, Surrender, Repudiation, Mesne Profits, Mitigation of Loss, Default Orders, Procedural Bars to Relief
Source Language
EN
Property Law Landlord and Tenant Contract Law Civil Procedure Forfeiture Surrender Repudiation Mesne Profits +3 more

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Parties

SUEN CHUNG KEE DANNY & FUNG WAI MAY HEIDY

Applicants Landlords

LUK SHU KUEN IRVING

Respondent Tenant

Procedural Posture

Lands Tribunal Application for Forfeiture and Possession Under Landlord and Tenant Law / Final Judgment on Application

Legal Issues

  1. 1 Whether the tenancy was surrendered by agreement on 28 November 1983
  2. 2 Whether the applicants validly forfeited the tenancy for non-payment of rent
  3. 3 Proper period for assessment of mesne profits given delay between forfeiture and judgment

Ratio Decidendi

Tenancy was not surrendered but forfeited for non-payment; applicants lawfully retain the $8,600 deposit; arrears of rent to 16 December 1983 are payable; mesne profits are payable but reduced to $8,600 to reflect reasonable allowance for delay between forfeiture and judgment; claim for damages for the unexpired term is dismissed on procedural grounds because damages were not pleaded or included in the default orders.

Court Disposition

Applicants' application partly allowed: deposit and arrears and reduced mesne profits awarded; claim for damages for unexpired term dismissed on procedural grounds

Orders

  • Applicants entitled to retain deposit of $8,600
  • Arrears of rent payable by respondent $8,600 (to 16 December 1983)