CHUI PAK KUT v. KU MEI FUNG AND ANOTHER

CHUI PAK KUT v. KU MEI FUNG AND ANOTHER

Under the amended Ordinance s.119D(4) the Tribunal may for good cause entertain a late application; on the facts the Applicant established good cause (ongoing negotiations and relief against forfeiture) so the Tribunal granted an extension, determined a two-year new tenancy commencing 13 September 2003 and fixed the PMR at $8,700 per month exclusive of rates and management fee.

Citation
CHUI PAK KUT v. KU MEI FUNG AND ANOTHER
Parties
Applicant (tenant): CHUI PAK KUT; Respondent (landlord): KU MEI FUNG; Respondent (landlord): KU KWOK WING
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
24 June 2004
Case Number
LDNT156/2003
Procedural Posture
Land Tribunal Application for Grant of New Tenancy Under Landlord and Tenant (consolidation) Ordinance / Judgment (hearing Concluded; Judgment Dated 24 June 2004)
Outcome
Application allowed in part; new tenancy granted with terms determined by Tribunal
Legal Topics
New Tenancy, Prevailing Market Rent, Extension of Time, Tenancy Termination, Forfeiture
Source Language
EN
Landlord and Tenant Property Law Statutory Interpretation New Tenancy Prevailing Market Rent Extension of Time Tenancy Termination Forfeiture

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Parties

CHUI PAK KUT

Applicant (tenant)

KU MEI FUNG

Respondent (landlord)

KU KWOK WING

Respondent (landlord)

Procedural Posture

Land Tribunal Application for Grant of New Tenancy Under Landlord and Tenant (consolidation) Ordinance / Judgment (hearing Concluded; Judgment Dated 24 June 2004)

Legal Issues

  1. 1 Whether the Tribunal may entertain an application for a new tenancy made after failure to file required forms and after termination of the old tenancy
  2. 2 Whether the Applicant has shown good cause to extend time under the amended Ordinance
  3. 3 Appropriate duration of the new tenancy

Ratio Decidendi

Under the amended Ordinance s.119D(4) the Tribunal may for good cause entertain a late application; on the facts the Applicant established good cause (ongoing negotiations and relief against forfeiture) so the Tribunal granted an extension, determined a two-year new tenancy commencing 13 September 2003 and fixed the PMR at $8,700 per month exclusive of rates and management fee.

Court Disposition

Application allowed in part; new tenancy granted with terms determined by Tribunal

Orders

  • New tenancy for the Premises granted for a term of 2 years commencing 13 September 2003.
  • Rent of the new tenancy fixed at $8,700 per month, exclusive of rates and management fee; leave to the Respondent to pay Applicant any over-payment of rent, if any, within one month from today.