LAM KAM v. LUI KUNG POK

LAM KAM v. LUI KUNG POK

Where a tenant serves no valid counter-notice under the Rent Increases Ordinance a correctly worded notice to quit takes effect and the landlord is entitled to possession, rent arrears and mesne profits; the Court/Registrar lacks power under the applicable Rules to extend time for service of the statutory counter-notice; duplicative proceedings may be permitted to run with costs consequences rather than voiding the valid remedy.

Citation
LAM KAM v. LUI KUNG POK
Parties
Plaintiff/applicant: LAM KAM; Defendant/respondent: LUI KUNG POK
Court
District Court
Jurisdiction
Hong Kong
Case Number
DCCJ1930/1971
Procedural Posture
Possession and Rent Increases (district Court) / Judgment (trial)
Outcome
Judgment for plaintiff; possession granted; Rent Increases application dismissed.
Legal Topics
Notice to Quit, Counter Notice, Extension of Time, Mesne Profits, Election of Remedies, Statutory Interpretation
Source Language
EN
Landlord and Tenant Rent Control Civil Procedure Notice to Quit Counter Notice Extension of Time Mesne Profits Election of Remedies +1 more

Case Brief

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Parties

LAM KAM

Plaintiff/applicant

LUI KUNG POK

Defendant/respondent

Procedural Posture

Possession and Rent Increases (district Court) / Judgment (trial)

Legal Issues

  1. 1 Effect of a notice to quit under the Rent Increases (Domestic Premises) Control Ordinance when no counter-notice is served
  2. 2 Whether service of two notices in quick succession invalidates the later valid notice
  3. 3 Whether a landlord who files an application under the Rent Increases Ordinance is precluded from suing out a writ for possession

Ratio Decidendi

Where a tenant serves no valid counter-notice under the Rent Increases Ordinance a correctly worded notice to quit takes effect and the landlord is entitled to possession, rent arrears and mesne profits; the Court/Registrar lacks power under the applicable Rules to extend time for service of the statutory counter-notice; duplicative proceedings may be permitted to run with costs consequences rather than voiding the valid remedy.

Court Disposition

Judgment for plaintiff; possession granted; Rent Increases application dismissed.

Orders

  • Judgment for possession entered for the Plaintiff.
  • Judgment for rent arrears in the sum of $320.