Gloryson Ltd. v. Alfred Lau & Co.

Gloryson Ltd. v. Alfred Lau & Co.

At the date of application there was a cause of action for unpaid rent and management fees; there was no automatic two‑month rent‑free entitlement for the option year absent agreement or valid exercise of the option; mesne profit for 12 March 2002 to 30 April 2002 is assessed at HK$12.00/psf on 1,300 psf producing HK$25,664.52; applicant entitled to recover assessed mesne profit, rates, management fees and costs, and the application for vacant possession is dismissed.

Citation
Gloryson Ltd. v. Alfred Lau & Co.
Parties
Former Landlord (applicant): Gloryson Limited; Tenant (respondent): Alfred Lau & Co.
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
31 July 2002
Case Number
LDPE238/2002
Procedural Posture
New Tenancy Application No. 238 of 2002 (lands Tribunal) / Judgment (31 July 2002)
Outcome
Application for vacant possession dismissed; Applicant awarded mesne profits, outstanding rates and management fee and costs.
Legal Topics
Mesne Profits, Rent Arrears, Tenancy Renewal Option, Rent‑free Period, Costs
Source Language
EN
Landlord and Tenant Property Contract Civil Procedure Mesne Profits Rent Arrears Tenancy Renewal Option Rent‑free Period +1 more

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Parties

Gloryson Limited

Former Landlord (applicant)

Alfred Lau & Co.

Tenant (respondent)

Procedural Posture

New Tenancy Application No. 238 of 2002 (lands Tribunal) / Judgment (31 July 2002)

Legal Issues

  1. 1 Whether a cause of action existed at date of application for recovery of possession and rent
  2. 2 Whether a two‑month rent‑free period applied to the one‑year option period and when it would apply
  3. 3 How to assess market rent/mesne profits for the period 12 March 2002 to 30 April 2002

Ratio Decidendi

At the date of application there was a cause of action for unpaid rent and management fees; there was no automatic two‑month rent‑free entitlement for the option year absent agreement or valid exercise of the option; mesne profit for 12 March 2002 to 30 April 2002 is assessed at HK$12.00/psf on 1,300 psf producing HK$25,664.52; applicant entitled to recover assessed mesne profit, rates, management fees and costs, and the application for vacant possession is dismissed.

Court Disposition

Application for vacant possession dismissed; Applicant awarded mesne profits, outstanding rates and management fee and costs.

Orders

  • Application for vacant possession of the suite premises to the Applicant is dismissed
  • The Respondent shall within 7 days from today pay the Applicant arrears of mesne profits from 12 March 2002 to 30 April 2002 in the sum of HK$25,664.52