香港平民屋宇有限公司 對 甄國業

香港平民屋宇有限公司 對 甄國業

On the established facts the plaintiff, as registered owner and landlord, was entitled to recover vacant possession of the listed flats after expiry of the tenancies; defendants failed to prove any estoppel (promissory or proprietary) or other legal right to remain; the asserted implied perpetual renewal term was...

Source-derived case information.

Citation
[2025] HKDC 1800
Parties
Plaintiff: the hong kong settlers housing corporation limited; Defendant: YAN KWOK YIP (甄國業); Defendant: CHO CHEUK CHEE AMY (曹綽芝); Defendant: KWAN WAI KIN (關偉建); Defendant: MA MEI MEI (馬媚媚); Defendant: TAM WAI LAN (譚蕙蘭)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
23 October 2025
Case Number
DCCJ5505/2023
Procedural Posture
Landlord and Tenant – Recovery of Vacant Possession / Judgment After Trial
Outcome
Judgment for plaintiff in all five actions; defendants' counterclaims/cross‑claims dismissed or formally discontinued where abandoned
Legal Topics
Recovery of Vacant Possession, Estoppel (promissory/proprietary/by Convention), Implied Contract Terms, Unconscionable Bargains, Termination of Tenancy, Statutory Resettlement Regime
Source Language
ch
Landlord and Tenant Property Law Equity Contract Law Civil Procedure Recovery of Vacant Possession Estoppel (promissory/proprietary/by Convention) Implied Contract Terms +3 more

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Parties

the hong kong settlers housing corporation limited

Plaintiff

YAN KWOK YIP (甄國業)

Defendant

CHO CHEUK CHEE AMY (曹綽芝)

Defendant

KWAN WAI KIN (關偉建)

Defendant

MA MEI MEI (馬媚媚)

Defendant

TAM WAI LAN (譚蕙蘭)

Defendant

Procedural Posture

Landlord and Tenant – Recovery of Vacant Possession / Judgment After Trial

  1. 1 Whether defendants must deliver up vacant possession after expiry of periodic/term tenancies
  2. 2 Whether promissory estoppel or proprietary estoppel prevents recovery of possession
  3. 3 Whether an implied perpetual right to renew tenancy exists

Ratio Decidendi

On the established facts the plaintiff, as registered owner and landlord, was entitled to recover vacant possession of the listed flats after expiry of the tenancies; defendants failed to prove any estoppel (promissory or proprietary) or other legal right to remain; the asserted implied perpetual renewal term was not established; historical hire‑purchase/sale agreements did not confer enduring land title once occupation permits were lawfully revoked; clause II(26) was not necessary for the decision and was left undecided.

Court Disposition

Judgment for plaintiff in all five actions; defendants' counterclaims/cross‑claims dismissed or formally discontinued where abandoned

Orders

  • Each defendant ordered to deliver up vacant possession of the specified flats to the plaintiff (DCCJ 5505/5507/5509/5546/5582 as listed)
  • Counterclaims in DCCJ 5507, 5509, 5546 and 5582 formally dismissed/withdrawn