MOK YEE WAN v. TAIPAN AGENCIES LTD. AND OTHERS

MOK YEE WAN v. TAIPAN AGENCIES LTD. AND OTHERS

The Tribunal held the 1 Oct 1983 tenancy was validly a Part IV tenancy because the prior Part II tenancy was surrendered on 30 Sep 1983 without need for Commissioner approval; Taipan's Section 117 application was not lawfully entertainable under Section 119D and therefore did not create statutory continuance under...

Source-derived case information.

Citation
MOK YEE WAN v. TAIPAN AGENCIES LTD. AND OTHERS
Parties
Applicant: Mok Yee Wan; 1st Respondent: Taipan Agencies Ltd.; 2nd Respondent: Pacific Realty Ltd.; 3rd Respondent: Consulate General of the Federal Republic of Germany
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
24 April 1986
Case Number
LDLA1626/1985
Procedural Posture
Landlord and Tenant Recovery of Possession / Judgment
Outcome
Application allowed: vacant possession ordered and mesne profits awarded
Legal Topics
Forfeiture, Statutory Continuance, Surrender of Tenancy, Mesne Profits, Subletting, Notice Requirements, Classification Part II Vs Part IV, Tribunal Jurisdiction Under Section 119 D/119 N
Source Language
en
Landlord and Tenant Property Law Conveyancing Civil Procedure Forfeiture Statutory Continuance Surrender of Tenancy Mesne Profits +4 more

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Parties

Mok Yee Wan

Applicant

Taipan Agencies Ltd.

1st Respondent

Pacific Realty Ltd.

2nd Respondent

Consulate General of the Federal Republic of Germany

3rd Respondent

Procedural Posture

Landlord and Tenant Recovery of Possession / Judgment

Legal Issues

  1. 1 Whether the premises were governed by Part IV or Part II of the Ordinance
  2. 2 Whether a consensual surrender required Commissioner of Rating approval
  3. 3 Whether an invalid/unenforceable Part IV application can trigger statutory continuance under Section 119N

Ratio Decidendi

The Tribunal held the 1 Oct 1983 tenancy was validly a Part IV tenancy because the prior Part II tenancy was surrendered on 30 Sep 1983 without need for Commissioner approval; Taipan's Section 117 application was not lawfully entertainable under Section 119D and therefore did not create statutory continuance under Section 119N; Taipan breached the tenancy by late/non-payment and forfeiture arose without requirement of notice; sub-tenants breached the statutory condition in s.119P; mesne profits awarded at market rent of HKD 15,000 per month from 1 Oct 1985 until delivery of vacant possession.

Court Disposition

Application allowed: vacant possession ordered and mesne profits awarded

Orders

  • Vacant possession granted to the applicant against 1st, 2nd and 3rd respondents
  • 1st respondent to pay mesne profits to the applicant at HKD 15,000 per month from 1 October 1985 until delivery up of vacant possession