WANG YICK INVESTMENT CO LTD v. CHAN FUK CHI

WANG YICK INVESTMENT CO LTD v. CHAN FUK CHI

Clause 4.11 satisfies s.121(2)(a) so the tenancy falls within Part V; the Lands Tribunal has jurisdiction under s.8 of Cap 17 (including s.8(8)) to order possession and to order payment of rent, mesne profits, rates and interest as money due; the Tribunal lacks jurisdiction under s.8(8) to adjudicate the forfeiture of the deposit, therefore forfeiture is not ordered by the Tribunal; the applicant is entitled to conditional vacant possession and payment of specified arrears, mesne profits, rates, interest and costs.

Citation
WANG YICK INVESTMENT CO LTD v. CHAN FUK CHI
Parties
Plaintiff/landlord: Applicant; Defendant/tenant: Respondent
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
14 July 2004
Case Number
LDPE371/2004
Procedural Posture
Landlord and Tenant — Possession and Recovery of Arrears / Judgment
Outcome
Application allowed in part; possession ordered conditionally; deposit forfeiture not adjudicated by Tribunal (outside Tribunal jurisdiction); monetary relief granted as ordered.
Legal Topics
Possession, Forfeiture of Deposit, Jurisdiction of Lands Tribunal, Application of Part V of Landlord and Tenant (consolidation) Ordinance, Interest on Arrears, Mesne Profits, Rates
Source Language
EN
Landlord and Tenant Property Law Tribunal Jurisdiction Contract Law Possession Forfeiture of Deposit Jurisdiction of Lands Tribunal Application of Part V of Landlord and Tenant (consolidation) Ordinance +3 more

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Parties

Applicant

Plaintiff/landlord

Respondent

Defendant/tenant

Procedural Posture

Landlord and Tenant — Possession and Recovery of Arrears / Judgment

Legal Issues

  1. 1 Whether the Lands Tribunal has jurisdiction to grant possession and related monetary orders in this tenancy
  2. 2 Whether the tenancy falls within Part V of the Landlord and Tenant (Consolidation) Ordinance s.121(2)(a) despite fixed three year term
  3. 3 Whether forfeiture of deposit constitutes an unenforceable penalty or is within the Tribunal's jurisdiction to order

Ratio Decidendi

Clause 4.11 satisfies s.121(2)(a) so the tenancy falls within Part V; the Lands Tribunal has jurisdiction under s.8 of Cap 17 (including s.8(8)) to order possession and to order payment of rent, mesne profits, rates and interest as money due; the Tribunal lacks jurisdiction under s.8(8) to adjudicate the forfeiture of the deposit, therefore forfeiture is not ordered by the Tribunal; the applicant is entitled to conditional vacant possession and payment of specified arrears, mesne profits, rates, interest and costs.

Court Disposition

Application allowed in part; possession ordered conditionally; deposit forfeiture not adjudicated by Tribunal (outside Tribunal jurisdiction); monetary relief granted as ordered.

Orders

  • Vacant possession of the Subject Property to be delivered to the Applicant conditional upon the Respondent failing within two weeks in terms of s.21 of the High Court Ordinance Cap 4 to pay the sums ordered below
  • The Respondent shall pay the Applicant arrears of rent at $100,000 per month for the period from 22 February 2004 to 21 April 2004