KUNG CHUN v. NGAI CHING-YUNG

KUNG CHUN v. NGAI CHING-YUNG

Section 74A displaces the operation of s.56 for fixed term tenancies by prohibiting any rent increase during the unexpired portion of a fixed term; therefore the landlord could not lawfully pass on the increased rates during the fixed term and the tribunal's decision in favour of the landlord was set aside.

Citation
KUNG CHUN v. NGAI CHING-YUNG
Parties
Appellant (tenant): KUNG Chun; Respondent (landlord): NGAI Ching-yung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 January 1978
Case Number
HCSA23/1977
Procedural Posture
Appeal From Small Claims Tribunal / Court of Appeal Judgment on Appeal
Outcome
Appeal allowed; judgment of Small Claims Tribunal set aside.
Legal Topics
Rent Increase, Rates, Fixed Term Tenancy, Periodic Tenancy, Landlord and Tenant (consolidation) Ordinance
Source Language
EN
Landlord and Tenant Statutory Interpretation Property Law Small Claims Procedure Rent Increase Rates Fixed Term Tenancy Periodic Tenancy +1 more

Case Brief

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Parties

KUNG Chun

Appellant (tenant)

NGAI Ching-yung

Respondent (landlord)

Procedural Posture

Appeal From Small Claims Tribunal / Court of Appeal Judgment on Appeal

Legal Issues

  1. 1 Whether a landlord may increase rent during the unexpired portion of a fixed term tenancy to pass on increased rates under s.56 of the Landlord and Tenant (Consolidation) Ordinance
  2. 2 Whether s.74A prohibits any increase in rent during the unexpired portion of a fixed term tenancy
  3. 3 Whether absence of proof that premises were not a post-war building (s.50(3)) affected outcome

Ratio Decidendi

Section 74A displaces the operation of s.56 for fixed term tenancies by prohibiting any rent increase during the unexpired portion of a fixed term; therefore the landlord could not lawfully pass on the increased rates during the fixed term and the tribunal's decision in favour of the landlord was set aside.

Court Disposition

Appeal allowed; judgment of Small Claims Tribunal set aside.

Orders

  • Appeal allowed.
  • Judgment dismissing the landlord's claim entered.