許肖梅及另一人 v. 李綺紅

許肖梅及另一人 v. 李綺紅

The Tribunal found on the balance of probabilities that the deceased had let the Suit Premises to the respondent and that the applicants, as executors with probate, have locus standi to sue to recover possession and to claim mesne profits; consequently the applicants are entitled to possession and mesne profits from 18 July 2014.

Citation
許肖梅及另一人 v. 李綺紅
Parties
Applicants/executors (landlord): Applicants (executors of the estate of Hui Koon Ting); Respondent/tenant: Li Yee Hung
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
5 November 2015
Case Number
LDPE1057/2014
Procedural Posture
Recovery of Possession (landlord and Tenant) / Lands Tribunal Judgment (final)
Outcome
Application allowed in favour of the applicants; applicants entitled to possession and mesne profits and costs
Legal Topics
Locus Standi, Mesne Profits, Tenancy Agreement, Government Land, Transfer of Rights by Probate, Credibility of Witnesses
Source Language
EN
Landlord and Tenant Land Law Probate and Succession Civil Procedure Locus Standi Mesne Profits Tenancy Agreement Government Land +2 more

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Parties

Applicants (executors of the estate of Hui Koon Ting)

Applicants/executors (landlord)

Li Yee Hung

Respondent/tenant

Procedural Posture

Recovery of Possession (landlord and Tenant) / Lands Tribunal Judgment (final)

Legal Issues

  1. 1 Physical location of the shop premises
  2. 2 Whether the applicants (executors) have locus standi to sue to recover possession
  3. 3 Effectiveness of the tenancy agreement

Ratio Decidendi

The Tribunal found on the balance of probabilities that the deceased had let the Suit Premises to the respondent and that the applicants, as executors with probate, have locus standi to sue to recover possession and to claim mesne profits; consequently the applicants are entitled to possession and mesne profits from 18 July 2014.

Court Disposition

Application allowed in favour of the applicants; applicants entitled to possession and mesne profits and costs

Orders

  • Respondent to deliver vacant possession of the Suit Premises to the applicants
  • Respondent to pay mesne profits at the rate of $6,800 per month from 18 July 2014 until delivery up of vacant possession