LAI CHUN YAN v. HO SAU MIN

LAI CHUN YAN v. HO SAU MIN

Premises whose occupation permit was issued on 29 June 1981 fall within Section 50(6)(1) and are not excluded from Part IV by Section 116; therefore despite a rateable value of $12,900 the Tribunal had jurisdiction under Section 117(1) and properly granted a new tenancy under Part IV.

Citation
LAI CHUN YAN v. HO SAU MIN
Parties
Applicant: Lai Chun Yan; Respondent: Ho Sau Min
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
11 November 1983
Case Number
LDLA142/1983
Procedural Posture
Application Under Part IV of the Landlord and Tenant (consolidation) Ordinance, Cap.7 / Judgment
Outcome
Application granted; parties reached agreement and Tribunal granted new tenancy.
Legal Topics
Part IV Classification, Rateable Value Thresholds, New Tenancy Rights, Security of Tenure, Rent Determination
Source Language
EN
Landlord and Tenant Property Law Statutory Interpretation Part IV Classification Rateable Value Thresholds New Tenancy Rights Security of Tenure Rent Determination

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Parties

Lai Chun Yan

Applicant

Ho Sau Min

Respondent

Procedural Posture

Application Under Part IV of the Landlord and Tenant (consolidation) Ordinance, Cap.7 / Judgment

Legal Issues

  1. 1 Whether premises with rateable value below statutory minima can fall within Part IV
  2. 2 Whether occupation permit dated 29 June 1981 brings the premises within Section 50(6)(1) and thus Part IV despite low rateable value
  3. 3 Interaction and effect of Sections 50(6)(1),(m),(o) and Section 116 on classification for Part II vs Part IV

Ratio Decidendi

Premises whose occupation permit was issued on 29 June 1981 fall within Section 50(6)(1) and are not excluded from Part IV by Section 116; therefore despite a rateable value of $12,900 the Tribunal had jurisdiction under Section 117(1) and properly granted a new tenancy under Part IV.

Court Disposition

Application granted; parties reached agreement and Tribunal granted new tenancy.

Orders

  • New tenancy granted for two years from 1 November 1983 at a rent of $4,300 per calendar month exclusive of rates and otherwise on the terms of the prior tenancy agreement.
  • No order as to costs.