ARTTOP LTD v. PANG MUN YEE

ARTTOP LTD v. PANG MUN YEE

No valid notice to quit was proved to have been served; therefore the fixed term T/A continued by operation of law as a monthly periodic tenancy under s.122(4) Cap.7, respondent remained in occupation until execution of possession on 19 April 2011 and is liable for arrears from 1 December 2004 to 19 April 2011; applicant entitled to set off Interim Payment and Deposit against arrears and to interest at the contractual Prescribed Rate.

Citation
ARTTOP LTD v. PANG MUN YEE
Parties
Principal Tenant (landlord/plaintiff): Applicant; Sub Tenant/defendant: Respondent
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
18 November 2014
Case Number
LDPE1255/2010
Procedural Posture
Tenancy Dispute (possession and Claim for Arrears/mesne Profits) / Trial on Quantum; Judgment Delivered
Outcome
Judgment for applicant. Default judgment partly set aside earlier; on trial respondent liable for arrears and interest; set off applied; costs awarded to applicant (costs order nisi).
Legal Topics
Possession, Mesne Profits, Notice to Quit, Service of Process, Set Off, Interest on Arrears, Limitation, Statutory Demand, Locus Standi
Source Language
EN
Landlord and Tenant Property Contract Civil Procedure Bankruptcy/ Insolvency Possession Mesne Profits Notice to Quit +6 more

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Parties

Applicant

Principal Tenant (landlord/plaintiff)

Respondent

Sub Tenant/defendant

Procedural Posture

Tenancy Dispute (possession and Claim for Arrears/mesne Profits) / Trial on Quantum; Judgment Delivered

Legal Issues

  1. 1 Whether respondent validly served a notice to quit on 31 March 2003
  2. 2 If notice to quit valid, when did occupation cease (date for mesne profits)
  3. 3 Quantum of arrears of rent/mesne profits recoverable

Ratio Decidendi

No valid notice to quit was proved to have been served; therefore the fixed term T/A continued by operation of law as a monthly periodic tenancy under s.122(4) Cap.7, respondent remained in occupation until execution of possession on 19 April 2011 and is liable for arrears from 1 December 2004 to 19 April 2011; applicant entitled to set off Interim Payment and Deposit against arrears and to interest at the contractual Prescribed Rate.

Court Disposition

Judgment for applicant. Default judgment partly set aside earlier; on trial respondent liable for arrears and interest; set off applied; costs awarded to applicant (costs order nisi).

Orders

  • Respondent to pay applicant balance of arrears of rent/mesne profits from 1 December 2004 to 19 April 2011 in the sum of $706,416.67 (HKD).
  • Interest for rent/mesne profits from 1 December 2004 to 19 April 2011 in the sum of $1,810,416.67 to be levied at the Prescribed Rate of 3% per annum above the prime rate quoted by HSBC until payment.