HUANG TONGJIE v. SILVA MARC A

HUANG TONGJIE v. SILVA MARC A

The tenant remained liable for rent and forfeiture was valid because the tenancy contained no express term permitting abatement or suspension of rent for the defects alleged; the alleged defects were either inherent or remedied within a reasonable time and did not render the lease void or frustrated; the Lands Tribunal lacks jurisdiction to hear the respondent's damages counterclaim; accordingly leave to appeal was refused and stay of execution denied.

Citation
HUANG TONGJIE v. SILVA MARC A
Parties
Applicant (landlord): Huang Tongjie; Respondent (tenant): Silva Marc A
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
16 February 2015
Case Number
LDPD2809/2014
Procedural Posture
Recovery of Possession and Rent (landlord and Tenant) / Post Judgment Interlocutory Application for Leave to Appeal and Stay of Execution
Outcome
Interlocutory application dismissed. Leave to appeal refused. Application for stay of execution refused. Costs awarded to applicant.
Legal Topics
Forfeiture, Rent Arrears, Leave to Appeal, Stay of Execution, Repair and Habitability, Jurisdiction of Lands Tribunal
Source Language
EN
Landlord and Tenant Contract Law Civil Procedure Forfeiture Rent Arrears Leave to Appeal Stay of Execution Repair and Habitability +1 more

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Parties

Huang Tongjie

Applicant (landlord)

Silva Marc A

Respondent (tenant)

Procedural Posture

Recovery of Possession and Rent (landlord and Tenant) / Post Judgment Interlocutory Application for Leave to Appeal and Stay of Execution

Legal Issues

  1. 1 Whether tenant may withhold rent or suspend payments because of alleged defects and safety issues
  2. 2 Whether alleged defects/frustration render the tenancy void
  3. 3 Whether an implied term for abatement/suspension of rent could be read into the tenancy

Ratio Decidendi

The tenant remained liable for rent and forfeiture was valid because the tenancy contained no express term permitting abatement or suspension of rent for the defects alleged; the alleged defects were either inherent or remedied within a reasonable time and did not render the lease void or frustrated; the Lands Tribunal lacks jurisdiction to hear the respondent's damages counterclaim; accordingly leave to appeal was refused and stay of execution denied.

Court Disposition

Interlocutory application dismissed. Leave to appeal refused. Application for stay of execution refused. Costs awarded to applicant.

Orders

  • Leave to appeal refused
  • Stay of execution of possession refused