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

On the balance of probabilities the Tribunal accepted the Commissioner's contemporaneous records and officer reports that both pre‑war buildings were looted and left with only outer walls, remained uninhabitable and untenanted after 16 August 1945, and were rendered habitable after extensive landlord repairs whose costs ($20,000 and $17,650) met or exceeded the equivalent of the standard rent for seven years (as reasonably estimated by the Commissioner); accordingly 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
LDLA11/1984
Procedural Posture
Landlord and Tenant Appeal Under Landlord and Tenant (consolidation) Ordinance / Appellate Hearing in Lands Tribunal Against Commissioner's Determination Under S3(2)
Outcome
Appeals dismissed; Commissioner's determinations upheld
Legal Topics
Pre War V Post War Premises, Exception From Part I, Onus of Proof, Reinstatement Costs Apportionment, Standard Rent Estimation
Source Language
EN
Landlord and Tenant Rating and Valuation Statutory Interpretation Pre War V Post War Premises Exception From Part I Onus of Proof Reinstatement Costs Apportionment Standard Rent Estimation

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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 / Appellate Hearing in Lands Tribunal Against Commissioner's Determination Under S3(2)

Legal Issues

  1. 1 Whether premises were rendered uninhabitable during WWII and thereafter rendered habitable by extensive landlord repairs
  2. 2 Whether repairs satisfied former s3(1)(d) test (costs >= standard rent for 7 years)
  3. 3 Whether tenants discharged onus of proof to show Part I applied

Ratio Decidendi

On the balance of probabilities the Tribunal accepted the Commissioner's contemporaneous records and officer reports that both pre‑war buildings were looted and left with only outer walls, remained uninhabitable and untenanted after 16 August 1945, and were rendered habitable after extensive landlord repairs whose costs ($20,000 and $17,650) met or exceeded the equivalent of the standard rent for seven years (as reasonably estimated by the Commissioner); accordingly 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

  • Appeals 10 & 11/84 dismissed
  • Determinations of the Commissioner under s3(2) that Part I did not apply to Nos.7 and 11 Kwong Ming Street upheld