RITA MOY LAI YEE v. GERARD WRIGHT AND ANOTHER

RITA MOY LAI YEE v. GERARD WRIGHT AND ANOTHER

On the evidence the respondents were in arrears from 25 January 2005; the tenancy contained an implied forfeiture clause for non-payment; alleged disrepair did not justify withholding all rent and the Tribunal had no jurisdiction to award the damages sought, therefore possession and arrears/costs were ordered with a...

Source-derived case information.

Citation
RITA MOY LAI YEE v. GERARD WRIGHT AND ANOTHER
Parties
Applicant: RITA MOY LAI YEE; 1st Respondent: GERARD WRIGHT; 2nd Respondent: MERCATOR GROUP
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
14 September 2005
Case Number
LDPD1515/2005
Procedural Posture
Application for Recovery of Possession (lands Tribunal) / Final Judgment Following Hearings
Outcome
Applicant's application granted; respondents' objections dismissed; possession and arrears ordered.
Legal Topics
Recovery of Possession, Non Payment of Rent, Forfeiture, Mesne Profits, Repair Obligations, Service of Notices, Tribunal Jurisdiction
Source Language
en
Landlord and Tenant Property Law Civil Procedure Recovery of Possession Non Payment of Rent Forfeiture Mesne Profits Repair Obligations +2 more

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Parties

RITA MOY LAI YEE

Applicant

GERARD WRIGHT

1st Respondent

MERCATOR GROUP

2nd Respondent

Procedural Posture

Application for Recovery of Possession (lands Tribunal) / Final Judgment Following Hearings

Legal Issues

  1. 1 Whether tenant was in arrears and landlord entitled to possession
  2. 2 Whether tenant could withhold rent due to alleged disrepair
  3. 3 Whether Tribunal had jurisdiction to award damages for disrepair

Ratio Decidendi

On the evidence the respondents were in arrears from 25 January 2005; the tenancy contained an implied forfeiture clause for non-payment; alleged disrepair did not justify withholding all rent and the Tribunal had no jurisdiction to award the damages sought, therefore possession and arrears/costs were ordered with a conditional payment deadline to avoid forfeiture.

Court Disposition

Applicant's application granted; respondents' objections dismissed; possession and arrears ordered.

Orders

  • Applicant to recover vacant possession after 21 September 2005
  • Respondents to pay arrears of rent/mesne profits from 25 January 2005 to date of recovery at HK$16,500 per month