JOHN R. MCDONALD v. CHAN KING LUEN

JOHN R. MCDONALD v. CHAN KING LUEN

The Tribunal held that under the amended Section 115 the new rent must be ascertained as at 9 July 1983 (the date the current tenancy would have ended ignoring Section 119N); Section 119M(4) back-dates the new rent to cover the interim period from 9 July to 9 November 1983; applying relevant comparables the Tribunal fixed the new rent at HK$23,000 per month exclusive of rates and management charges and ordered a new two-year tenancy commencing 10 November 1983.

Citation
JOHN R. MCDONALD v. CHAN KING LUEN
Parties
Applicant Tenant: John R. McDonald; Respondent Landlord: Chan King Luen
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
13 October 1983
Case Number
LDLA23/1983
Procedural Posture
Application Under Part IV of the Landlord and Tenant (consolidation) Ordinance, Cap. 7 for Grant of New Tenancy / Hearing and Judgment on Application for New Tenancy and Determination of Rent
Outcome
New tenancy granted for two years commencing 10 November 1983; new rent fixed at HK$23,000 per month exclusive of rates and management charges, determined as at 9 July 1983 and applicable from 9 July 1983 by virtue of Section 119M(4).
Legal Topics
Grant of New Tenancy, Back Dating of New Rent, Interpretation of Amended Section 115, Operation of Section 119 M(4), Market Rent Assessment
Source Language
EN
Landlord and Tenant Law Statutory Rent Determination Residential Tenancy Grant of New Tenancy Back Dating of New Rent Interpretation of Amended Section 115 Operation of Section 119 M(4) Market Rent Assessment

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Parties

John R. McDonald

Applicant Tenant

Chan King Luen

Respondent Landlord

Procedural Posture

Application Under Part IV of the Landlord and Tenant (consolidation) Ordinance, Cap. 7 for Grant of New Tenancy / Hearing and Judgment on Application for New Tenancy and Determination of Rent

Legal Issues

  1. 1 What date is the correct date for ascertaining the new (prevailing market) rent under the amended Section 115?
  2. 2 Whether the new rent should be back-dated to the date the current tenancy would have ended ignoring Section 119N (i.e., effect of Section 119M(4)).
  3. 3 What is the prevailing market rent for the subject premises as at the statutory date?

Ratio Decidendi

The Tribunal held that under the amended Section 115 the new rent must be ascertained as at 9 July 1983 (the date the current tenancy would have ended ignoring Section 119N); Section 119M(4) back-dates the new rent to cover the interim period from 9 July to 9 November 1983; applying relevant comparables the Tribunal fixed the new rent at HK$23,000 per month exclusive of rates and management charges and ordered a new two-year tenancy commencing 10 November 1983.

Court Disposition

New tenancy granted for two years commencing 10 November 1983; new rent fixed at HK$23,000 per month exclusive of rates and management charges, determined as at 9 July 1983 and applicable from 9 July 1983 by virtue of Section 119M(4).

Orders

  • Grant a new tenancy for 2 years commencing 10 November 1983.
  • Fix new rent at HK$23,000 per month exclusive of rates and management charges, determined as at 9 July 1983 and payable for the interim continuance (9 July 1983 to 9 November 1983) by operation of Section 119M(4) and thereafter for the new tenancy.