Plenty Rich Ltd. v. Deckwell Zone Ltd.

Plenty Rich Ltd. v. Deckwell Zone Ltd.

Because the tenancy expressly barred deduction or withholding of rent and the tenant produced no legal basis to withhold, the Tribunal entered judgment for the landlord for possession, ordered payment of specified arrears and mesne profits, and granted conditional relief from forfeiture under Section 21F on payment within four weeks.

Citation
Plenty Rich Ltd. v. Deckwell Zone Ltd.
Parties
Landlord: Applicant (landlord); Tenant: Deckwell Zone Ltd.
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
2 May 2002
Case Number
LDPE261/2002
Procedural Posture
Recovery of Possession for Non Payment of Rent / Judgment (lands Tribunal)
Outcome
Judgment for Applicant; vacant possession awarded; arrears and mesne profits ordered; conditional relief from forfeiture granted if payment made within four weeks; costs nisi ordered.
Legal Topics
Possession, Rent Arrears, Set Off and Withholding of Rent, Forfeiture and Relief From Forfeiture, Mesne Profits
Source Language
EN
Landlord and Tenant Property Contract Civil Procedure Possession Rent Arrears Set Off and Withholding of Rent Forfeiture and Relief From Forfeiture +1 more

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Parties

Applicant (landlord)

Landlord

Deckwell Zone Ltd.

Tenant

Procedural Posture

Recovery of Possession for Non Payment of Rent / Judgment (lands Tribunal)

Legal Issues

  1. 1 Whether tenant validly withheld rent as set-off for alleged defects and losses
  2. 2 Whether an express clause barring deduction or set-off prevents withholding of rent
  3. 3 Entitlement of landlord to possession, arrears and mesne profits

Ratio Decidendi

Because the tenancy expressly barred deduction or withholding of rent and the tenant produced no legal basis to withhold, the Tribunal entered judgment for the landlord for possession, ordered payment of specified arrears and mesne profits, and granted conditional relief from forfeiture under Section 21F on payment within four weeks.

Court Disposition

Judgment for Applicant; vacant possession awarded; arrears and mesne profits ordered; conditional relief from forfeiture granted if payment made within four weeks; costs nisi ordered.

Orders

  • Respondent shall deliver vacant possession of the premises to the Applicant.
  • Respondent shall pay arrears of rent from 29 November 2001 to 28 December 2001 in the sum of $45,000 and arrears from 29 December 2001 to 28 March 2002 totalling $330,000.