盧少權 對 麥斯美達有限公司 (前稱密謀實業有限公司)

盧少權 對 麥斯美達有限公司 (前稱密謀實業有限公司)

Because the parties failed to conclude a new lease, the original fixed term expired on 21 September 2013; post-expiry payments did not evidence an intention to create a new tenancy, so the applicant was entitled to recover possession and to claim mesne profits at HK$14,000 per month from 22 October 2013 until vacant possession; the respondent's application for permission to appeal lacked a reasonable prospect of success and was refused.

Citation
盧少權 對 麥斯美達有限公司 (前稱密謀實業有限公司)
Parties
Applicant (owner): 盧少權; Respondent (tenant): 麥斯美達有限公司 (前稱密謀實業有限公司)
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
11 December 2013
Case Number
LDPD2320/2013
Procedural Posture
Application for Possession and Recovery of Rent/mesne Profits; Application for Permission to Appeal / Permission to Appeal Application / Review of Tribunal Decision
Outcome
Application for permission to appeal refused; review application dismissed; possession order maintained.
Legal Topics
Possession, Termination of Lease, Mesne Profits, Notice to Quit, Costs, Permission to Appeal
Source Language
CH
Landlord and Tenant Law Civil Procedure Statutory Interpretation Appeals Procedure Possession Termination of Lease Mesne Profits Notice to Quit +2 more

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Parties

盧少權

Applicant (owner)

麥斯美達有限公司 (前稱密謀實業有限公司)

Respondent (tenant)

Procedural Posture

Application for Possession and Recovery of Rent/mesne Profits; Application for Permission to Appeal / Permission to Appeal Application / Review of Tribunal Decision

Legal Issues

  1. 1 Whether a new tenancy was created after the original fixed term expired
  2. 2 Whether acceptance of rent after expiry constituted continuation of the lease
  3. 3 Whether landlord was required to serve a notice to quit

Ratio Decidendi

Because the parties failed to conclude a new lease, the original fixed term expired on 21 September 2013; post-expiry payments did not evidence an intention to create a new tenancy, so the applicant was entitled to recover possession and to claim mesne profits at HK$14,000 per month from 22 October 2013 until vacant possession; the respondent's application for permission to appeal lacked a reasonable prospect of success and was refused.

Court Disposition

Application for permission to appeal refused; review application dismissed; possession order maintained.

Orders

  • Respondent must deliver vacant possession of Flat G, 4/F, Block 15, Cherry Mansions, Whampoa Garden Site 2 by 30 November 2013 (stay of execution until 30 November 2013).
  • Respondent must pay mesne profits/rent to applicant from 22 October 2013 until delivery of vacant possession at HK$14,000 per month.