PLOTIO DEVELOPMENT (HK) LTD. AND ANOTHER v. RALPH SPRENGER

PLOTIO DEVELOPMENT (HK) LTD. AND ANOTHER v. RALPH SPRENGER

Landlords were responsible for repairs and delayed unreasonably; tenant was entitled to set-off but failed to quantify loss until late, so Tribunal assessed a reasonable quantum on available evidence at 10% of rent (HK$3,300/month) for the period July 2001 to August 2002 (HK$46,200) and granted possession and award of rents/mesne profits subject to credits and conditional relief from forfeiture if paid within four weeks.

Citation
PLOTIO DEVELOPMENT (HK) LTD. AND ANOTHER v. RALPH SPRENGER
Parties
Applicant: Plotio Development (HK) Limited; Applicant: Chan Ting Kwok Terrence, Executor of the Estate of CHAN Mun, Deceased; Respondent: Ralph Sprenger
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
18 November 2002
Case Number
LDPD963/2002
Procedural Posture
New Tenancy Application No. 963 of 2002 (lands Tribunal) / Judgment (18 November 2002)
Outcome
Application granted in part. Respondent ordered to deliver vacant possession and to pay arrears, mesne profits, rates, interest and costs; credit given for interim payments and for assessed set-off; conditional relief from forfeiture under s21F if sums paid within four weeks, otherwise orders enforceable.
Legal Topics
Possession, Rent Arrears, Mesne Profits, Repairs and Maintenance Obligations, Set Off of Damages, Relief From Forfeiture, Costs
Source Language
EN
Landlord and Tenant Property Law Civil Procedure Contract Possession Rent Arrears Mesne Profits Repairs and Maintenance Obligations +3 more

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Parties

Plotio Development (HK) Limited

Applicant

Chan Ting Kwok Terrence, Executor of the Estate of CHAN Mun, Deceased

Applicant

Ralph Sprenger

Respondent

Procedural Posture

New Tenancy Application No. 963 of 2002 (lands Tribunal) / Judgment (18 November 2002)

Legal Issues

  1. 1 Whether landlords breached their covenant to keep main structure and drains in repair
  2. 2 Whether tenant was entitled to set off damages against outstanding rent
  3. 3 Whether tenant adequately proved and quantified loss and mitigated it

Ratio Decidendi

Landlords were responsible for repairs and delayed unreasonably; tenant was entitled to set-off but failed to quantify loss until late, so Tribunal assessed a reasonable quantum on available evidence at 10% of rent (HK$3,300/month) for the period July 2001 to August 2002 (HK$46,200) and granted possession and award of rents/mesne profits subject to credits and conditional relief from forfeiture if paid within four weeks.

Court Disposition

Application granted in part. Respondent ordered to deliver vacant possession and to pay arrears, mesne profits, rates, interest and costs; credit given for interim payments and for assessed set-off; conditional relief from forfeiture under s21F if sums paid within four weeks, otherwise orders enforceable.

Orders

  • Respondent to deliver vacant possession of the Premises to the Applicants.
  • Respondent to pay arrears of rent from 1 September 2001 to 30 April 2002: HK$264,000 (HK$33,000/month).