鄧美容 對 張樂添

鄧美容 對 張樂添

The Tribunal adopted the principle that 'all rent in arrears' means rent due up to the date of the payment/order; because the respondent had not paid the full rent by 28 July he had not obtained relief at that time, so the earlier 14 August decision was inappropriate; exercising its discretion the Tribunal extended...

Source-derived case information.

Citation
鄧美容 對 張樂添
Parties
Applicant: TANG MI YUNG (鄧美容); Respondent: 張樂添
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
6 September 2012
Case Number
LDPD1515/2012
Procedural Posture
Landlord and Tenant Recovery of Possession and Rent / Review of Tribunal Orders / Non‑summary Application
Outcome
14 August 2012 order set aside; respondent's amendment and extension of relief period to 7 August 2012 approved; non‑summary application of 6 August 2012 granted to stay the 2 August 2012 warrant of possession; respondent granted relief from forfeiture on payment and ordered to pay costs.
Legal Topics
Forfeiture, Rent in Arrears, Relief From Forfeiture, Warrant of Possession, Extension of Relief Period, Costs
Source Language
ch
Landlord and Tenant Civil Procedure Relief From Forfeiture Statutory Interpretation Forfeiture Rent in Arrears Warrant of Possession Extension of Relief Period +1 more

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Parties

TANG MI YUNG (鄧美容)

Applicant

張樂添

Respondent

Procedural Posture

Landlord and Tenant Recovery of Possession and Rent / Review of Tribunal Orders / Non‑summary Application

  1. 1 Whether 'all rent in arrears' means rent due at date of service or rent due up to date of payment/order
  2. 2 Whether respondent had obtained relief from forfeiture by payments made on 28 July and subsequently
  3. 3 Whether the 14 August order should be set aside and the relief period extended

Ratio Decidendi

The Tribunal adopted the principle that 'all rent in arrears' means rent due up to the date of the payment/order; because the respondent had not paid the full rent by 28 July he had not obtained relief at that time, so the earlier 14 August decision was inappropriate; exercising its discretion the Tribunal extended the relief period to 7 August, accepted that the respondent paid the full arrears by 7 August, granted relief from forfeiture, stayed the warrant of possession, and ordered the respondent to pay costs of HK$300.

Court Disposition

14 August 2012 order set aside; respondent's amendment and extension of relief period to 7 August 2012 approved; non‑summary application of 6 August 2012 granted to stay the 2 August 2012 warrant of possession; respondent granted relief from forfeiture on payment and ordered to pay costs.

Orders

  • Set aside the Tribunal's 14 August 2012 order.
  • Approve respondent's oral amendment to the non‑summary application to extend the relief period to 7 August 2012.