HO LEE CHEUNG AND ANOTHER v. COMMISSIONER OF RATING AND VALUATION AND ANOTHER

HO LEE CHEUNG AND ANOTHER v. COMMISSIONER OF RATING AND VALUATION AND ANOTHER

The Tribunal found on the balance of probabilities that both premises were looted in the war, remained uninhabitable and untenanted after 16 August 1945, were rendered habitable by extensive post-war repairs paid by the landlords, and the reinstatement costs reported ($20,000 and $17,650) met or exceeded the equivalent of seven years' standard rent (estimated at $2,688), therefore both premises were excluded from Part I under the former s3(1)(d) and the Commissioner's determinations were upheld.

Citation
HO LEE CHEUNG AND ANOTHER v. COMMISSIONER OF RATING AND VALUATION AND ANOTHER
Parties
1st Appellant: HO LAW CHEUNG; 2nd Appellant: YEUNG TAK; 1st Respondent: COMMISSIONER OF RATING AND VALUATION; 2nd Respondent: FOOK LUEN WAH DEVELOPMENT CO. LTD.
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
9 April 1984
Case Number
LDLA10/1984
Procedural Posture
Landlord and Tenant Appeal Under Landlord and Tenant (consolidation) Ordinance / Appeal to Lands Tribunal (appellate Jurisdiction) Final Judgment
Outcome
Appeals dismissed; Commissioner's determinations upheld
Legal Topics
Pre War Premises, Part I Exclusion, Substantial Rebuilding, Onus of Proof, Standard Rent Estimation, Post War Reinstatement Costs
Source Language
EN
Landlord and Tenant Property Law Statutory Interpretation Valuation Pre War Premises Part I Exclusion Substantial Rebuilding Onus of Proof +2 more

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Parties

HO LAW CHEUNG

1st Appellant

YEUNG TAK

2nd Appellant

COMMISSIONER OF RATING AND VALUATION

1st Respondent

FOOK LUEN WAH DEVELOPMENT CO. LTD.

2nd Respondent

Procedural Posture

Landlord and Tenant Appeal Under Landlord and Tenant (consolidation) Ordinance / Appeal to Lands Tribunal (appellate Jurisdiction) Final Judgment

Legal Issues

  1. 1 Whether the pre-war premises were rendered habitable only after extensive post-war repairs and therefore excluded from Part I under former s3(1)(d) (now s3(1)(a)(ii))
  2. 2 Whether the tenants discharged the onus to prove premises did not remain continuously untenanted and/or that repairs were not extensive
  3. 3 Whether reinstatement costs met the statutory threshold of not less than seven years' standard rent

Ratio Decidendi

The Tribunal found on the balance of probabilities that both premises were looted in the war, remained uninhabitable and untenanted after 16 August 1945, were rendered habitable by extensive post-war repairs paid by the landlords, and the reinstatement costs reported ($20,000 and $17,650) met or exceeded the equivalent of seven years' standard rent (estimated at $2,688), therefore both premises were excluded from Part I under the former s3(1)(d) and the Commissioner's determinations were upheld.

Court Disposition

Appeals dismissed; Commissioner's determinations upheld

Orders

  • Both appeals 10 & 11/84 dismissed
  • Liberty to apply reserved for consequential matters