馮榮添 對 陳作華

馮榮添 對 陳作華

The Jan 22 registered letter was ineffective (returned), but the Jan 31 written notice left at the respondent's premises satisfied Cap.219 s.62 and was therefore a valid termination notice. The respondent ceased payment from 1 March; mesne profits are payable from that date but limited to the proven prior monthly rent of HK$2,300. Possession is awarded to the applicant with a conditional stay; costs assessed at HK$500.

Citation
馮榮添 對 陳作華
Parties
Applicant (landlord): 馮榮添; Respondent (tenant): 陳作華
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
16 May 2013
Case Number
LDPD536/2013
Procedural Posture
Landlord and Tenant — Recovery of Possession and Mesne Profits / Determination at Hearing (oral Hearing and Judgment)
Outcome
Application granted in part: possession awarded to applicant; mesne profits awarded; conditional stay granted; costs awarded.
Legal Topics
Possession, Service of Notice, Mesne Profits, Costs
Source Language
CH
Landlord and Tenant Property Law Service of Notices Under Property Ordinance (cap.219) Possession Service of Notice Mesne Profits Costs

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Parties

馮榮添

Applicant (landlord)

陳作華

Respondent (tenant)

Procedural Posture

Landlord and Tenant — Recovery of Possession and Mesne Profits / Determination at Hearing (oral Hearing and Judgment)

Legal Issues

  1. 1 Whether the Jan 22 registered letter constituted valid notice
  2. 2 Whether the Jan 31 notice left at premises constituted valid notice
  3. 3 Whether respondent owes mesne profits from 1 March and the correct monthly sum

Ratio Decidendi

The Jan 22 registered letter was ineffective (returned), but the Jan 31 written notice left at the respondent's premises satisfied Cap.219 s.62 and was therefore a valid termination notice. The respondent ceased payment from 1 March; mesne profits are payable from that date but limited to the proven prior monthly rent of HK$2,300. Possession is awarded to the applicant with a conditional stay; costs assessed at HK$500.

Court Disposition

Application granted in part: possession awarded to applicant; mesne profits awarded; conditional stay granted; costs awarded.

Orders

  • Respondent to surrender vacant possession of Flat C, 5/F, 28 Hing Wah Street, Sham Shui Po, Kowloon to the applicant.
  • Respondent to pay mesne profits at HK$2,300 per month from 1 March 2013 until the date the premises are vacated and returned to the applicant.