LAM HUNG KWAN v. MAK WAI LAN

LAM HUNG KWAN v. MAK WAI LAN

The premises remain subject to Part II because the respondent was in possession as a sub-tenant of part of the premises before 10 June 1983, section 50(6)(o) excludes such tenancies from Part IV, the Commissioner's endorsement of Form CR109 is merely administrative and does not change classification, and the respondent was not estopped or waived her right to challenge classification; therefore the landlord's Part IV possession application fails.

Citation
LAM HUNG KWAN v. MAK WAI LAN
Parties
Applicant (landlord): LAM HUNG KWAN; Respondent (tenant): MAK WAI LAN
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
28 March 1990
Case Number
LDLA5056/1989
Procedural Posture
Landlord and Tenant — Possession Application Under Landlord and Tenant (consolidation) Ordinance / Judgment (lands Tribunal)
Outcome
Application dismissed; suit premises remain subject to Part II of the Landlord and Tenant (Consolidation) Ordinance.
Legal Topics
Possession, Tenancy Classification, Part II V Part IV, Estoppel, Administrative Endorsement (form Cr109)
Source Language
EN
Property Law Landlord and Tenant Law Statutory Interpretation Possession Tenancy Classification Part II V Part IV Estoppel Administrative Endorsement (form Cr109)

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Parties

LAM HUNG KWAN

Applicant (landlord)

MAK WAI LAN

Respondent (tenant)

Procedural Posture

Landlord and Tenant — Possession Application Under Landlord and Tenant (consolidation) Ordinance / Judgment (lands Tribunal)

Legal Issues

  1. 1 Whether the suit premises are subject to Part II or Part IV of the Landlord and Tenant (Consolidation) Ordinance
  2. 2 Whether the respondent is estopped or has waived the right to dispute classification
  3. 3 Whether the Commissioner's endorsement of Form CR109 affects legal classification of premises

Ratio Decidendi

The premises remain subject to Part II because the respondent was in possession as a sub-tenant of part of the premises before 10 June 1983, section 50(6)(o) excludes such tenancies from Part IV, the Commissioner's endorsement of Form CR109 is merely administrative and does not change classification, and the respondent was not estopped or waived her right to challenge classification; therefore the landlord's Part IV possession application fails.

Court Disposition

Application dismissed; suit premises remain subject to Part II of the Landlord and Tenant (Consolidation) Ordinance.

Orders

  • Application dismissed
  • There shall be no order as to costs