CHAN YUK MUI v. 葉穎麟

CHAN YUK MUI v. 葉穎麟

An alleged oral tenancy for an uncertain duration (until URA redevelopment) is unenforceable; at best the defendant was a month-to-month tenant or tenant at will which was validly terminated by the plaintiffs one month Notice to Quit dated 3 April 2007; acceptance of rent did not waive the Notice to Quit; therefore...

Source-derived case information.

Citation
CHAN YUK MUI v. 葉穎麟
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 November 2007
Case Number
DCCJ2111/2007
Procedural Posture
Landlord and Tenant Possession / Application to Set Aside Judgment Entered in Default of Defence
Outcome
Defendant's application dismissed
Legal Topics
Tenancy Agreement, Notice to Quit, Waiver, Legal Aid, Default Judgment, Tenancy at Will, Uncertain Term
Source Language
en
Property Law Landlord and Tenant Civil Procedure Tenancy Agreement Notice to Quit Waiver Legal Aid Default Judgment +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Landlord and Tenant Possession / Application to Set Aside Judgment Entered in Default of Defence

Legal Issues

  1. 1 Whether an oral open-ended tenancy until redevelopment by the Urban Renewal Authority existed and was enforceable
  2. 2 Whether the plaintiff waived the Notice to Quit by accepting rent payments after service of the Notice to Quit
  3. 3 Whether the tenancy revived or continued by reason of the defendants rent payments

Ratio Decidendi

An alleged oral tenancy for an uncertain duration (until URA redevelopment) is unenforceable; at best the defendant was a month-to-month tenant or tenant at will which was validly terminated by the plaintiffs one month Notice to Quit dated 3 April 2007; acceptance of rent did not waive the Notice to Quit; therefore the defendants application to set aside the judgment is dismissed.

Court Disposition

Defendant's application dismissed

Orders

  • Application dismissed with costs to be taxed if not agreed
  • Certificate for counsel granted