LEI WA v. MO PAK HUNG

LEI WA v. MO PAK HUNG

Defendant failed to prove either an express or an implied term obliging the landlord to pay compensation for the structures; therefore the termination notice was effective, the tenancy ended on 31 December 2012, plaintiff entitled to vacant possession, mesne profits at $1,500 per year and interest, and the defendant's counterclaim is dismissed.

Citation
LEI WA v. MO PAK HUNG
Parties
Landlord: Plaintiff; Tenant/defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
25 November 2016
Case Number
DCCJ124/2013
Procedural Posture
Landlord and Tenant Recovery of Possession and Mesne Profits / Trial Judgment (deputy District Judge)
Outcome
Judgment for the plaintiff. Tenancy terminated effective 31 December 2012; defendant ordered to deliver vacant possession; defendant's counterclaim dismissed; mesne profits and interest awarded; costs awarded to plaintiff (order nisi).
Legal Topics
Termination of Tenancy, Mesne Profits, Implied Terms, Compensation for Tenant's Improvements, Vacant Possession
Source Language
EN
Landlord and Tenant Property Law Contract Law Agricultural Land Tenure Termination of Tenancy Mesne Profits Implied Terms Compensation for Tenant's Improvements +1 more

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Parties

Plaintiff

Landlord

Defendant

Tenant/defendant

Procedural Posture

Landlord and Tenant Recovery of Possession and Mesne Profits / Trial Judgment (deputy District Judge)

Legal Issues

  1. 1 Whether there was an express contractual term requiring the landlord to pay compensation for structures on termination
  2. 2 Whether a term to that effect should be implied into the oral tenancy
  3. 3 Whether the termination notice of 20 June 2012 was effective

Ratio Decidendi

Defendant failed to prove either an express or an implied term obliging the landlord to pay compensation for the structures; therefore the termination notice was effective, the tenancy ended on 31 December 2012, plaintiff entitled to vacant possession, mesne profits at $1,500 per year and interest, and the defendant's counterclaim is dismissed.

Court Disposition

Judgment for the plaintiff. Tenancy terminated effective 31 December 2012; defendant ordered to deliver vacant possession; defendant's counterclaim dismissed; mesne profits and interest awarded; costs awarded to plaintiff (order nisi).

Orders

  • Defendant do deliver vacant possession of the Land to the plaintiff, whether with or without the structures presently erected on the Land
  • Defendant do pay the plaintiff mesne profits at the rate of $1,500 per year from 1 January 2013 up to the date of this judgment