TANG WAI CHEE AND ANOTHER v. CHAN SIK HONG AND ANOTHER

TANG WAI CHEE AND ANOTHER v. CHAN SIK HONG AND ANOTHER

The Tribunal lacks jurisdiction under s.8(7) because the tenancy was effectively surrendered in 1988 as measured by the government plan and the respondents were occupying the disputed land as (mistaken) tenants or tolerated occupiers of the government rather than as holdover tenants of the applicants; accordingly the Lands Tribunal cannot grant possession and the matter must be transferred to the District Court.

Citation
TANG WAI CHEE AND ANOTHER v. CHAN SIK HONG AND ANOTHER
Parties
1st Applicant: TANG Wai-chee; 2nd Applicant: TANG Cheuk-chuen; 1st Respondent: CHAN Sik-hong; 2nd Respondent: CHUNG Chuen-chup
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
15 November 2000
Case Number
LDPE795/1999
Procedural Posture
Landlord and Tenant Repossession Claim (lands Tribunal) / Ruling on Jurisdiction; Case Transferred to District Court
Outcome
Lands Tribunal has no jurisdiction to grant the relief sought; case transferred to the District Court.
Legal Topics
Repossession, Surrender of Tenancy, Tenancy Termination, Jurisdiction of Lands Tribunal, Mesne Profits
Source Language
EN
Land Law Landlord and Tenant Jurisdiction Property Repossession Surrender of Tenancy Tenancy Termination Jurisdiction of Lands Tribunal +1 more

Case Brief

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Parties

TANG Wai-chee

1st Applicant

TANG Cheuk-chuen

2nd Applicant

CHAN Sik-hong

1st Respondent

CHUNG Chuen-chup

2nd Respondent

Procedural Posture

Landlord and Tenant Repossession Claim (lands Tribunal) / Ruling on Jurisdiction; Case Transferred to District Court

Legal Issues

  1. 1 Whether the Lands Tribunal has jurisdiction under s.8(7) of the Lands Tribunal Ordinance to order possession where a tenancy was terminated by surrender and the occupier holds the land as tenant or tolerated occupier of the government rather than as a former tenant of the landlord
  2. 2 Whether the alleged surrender in 1988 terminated the landlord-tenant relationship between the applicants and the respondents
  3. 3 Whether the respondents were occupying government land as tenants or tolerated occupiers rather than holding over as tenants of the applicants

Ratio Decidendi

The Tribunal lacks jurisdiction under s.8(7) because the tenancy was effectively surrendered in 1988 as measured by the government plan and the respondents were occupying the disputed land as (mistaken) tenants or tolerated occupiers of the government rather than as holdover tenants of the applicants; accordingly the Lands Tribunal cannot grant possession and the matter must be transferred to the District Court.

Court Disposition

Lands Tribunal has no jurisdiction to grant the relief sought; case transferred to the District Court.

Orders

  • This case be forthwith transferred to the District Court
  • Each party to bear his own costs