PERFECT CYPRESS LTD. v. MUI PO CHU

PERFECT CYPRESS LTD. v. MUI PO CHU

Clause 6 of the tenancy, properly construed, obliges the tenant to pay management fees and rates; the respondent failed to establish a contractual or restitutionary basis for set-off or repayment of alleged overpayments; allegations of breach, harassment and conspiracy were unsubstantiated; therefore the landlord is entitled to possession and payment of rent arrears, management fees, rates and costs as ordered.

Citation
PERFECT CYPRESS LTD. v. MUI PO CHU
Parties
Landlord: Applicant (landlord); Tenant: Respondent (tenant)
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
15 October 2001
Case Number
LDPD2367/2001
Procedural Posture
Landlord and Tenant Repossession / Judgment
Outcome
Applicant's repossession application granted subject to payment of outstanding sums within four weeks; otherwise respondent to deliver vacant possession; respondent ordered to pay arrears, management fees, rates and costs.
Legal Topics
Repossession, Rent Arrears, Management Fees, Rates, Set Off, Breach of Covenant, Harassment (s119 V), Conspiracy Allegations, Costs
Source Language
EN
Landlord and Tenant Property Contract Civil Procedure Statutory Offences Repossession Rent Arrears Management Fees +6 more

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Parties

Applicant (landlord)

Landlord

Respondent (tenant)

Tenant

Procedural Posture

Landlord and Tenant Repossession / Judgment

Legal Issues

  1. 1 Whether Clause 6 of the tenancy requires the tenant to pay management fees
  2. 2 Whether tenant is liable for rates under the tenancy
  3. 3 Whether the respondent can set off alleged overpayments and claimed losses against rent arrears

Ratio Decidendi

Clause 6 of the tenancy, properly construed, obliges the tenant to pay management fees and rates; the respondent failed to establish a contractual or restitutionary basis for set-off or repayment of alleged overpayments; allegations of breach, harassment and conspiracy were unsubstantiated; therefore the landlord is entitled to possession and payment of rent arrears, management fees, rates and costs as ordered.

Court Disposition

Applicant's repossession application granted subject to payment of outstanding sums within four weeks; otherwise respondent to deliver vacant possession; respondent ordered to pay arrears, management fees, rates and costs.

Orders

  • Unless respondent pays sums in paragraphs 2–5 within 4 weeks, respondent to deliver vacant possession of the premises to the applicant
  • Respondent to pay all outstanding rent or mesne profit from 2 July 2001 at HK$10,800 per month and continue until delivery of vacant possession