LEE WAI KWONG AND ANOTHER v. VINCENT THOMAS

LEE WAI KWONG AND ANOTHER v. VINCENT THOMAS

The tenant was not entitled to unilaterally reduce or withhold rent due to alleged disrepair; the valid Transitional Termination Notice rendered the tenancy month-to-month at the agreed rent of $5,500; the Lands Tribunal lacked jurisdiction to adjudicate the tenant's counter-claim; accordingly the landlord was entitled to possession for non-payment of the full rent and to recovery of arrears and costs as ordered.

Citation
LEE WAI KWONG AND ANOTHER v. VINCENT THOMAS
Parties
1st Applicant: LEE WAI-KWONG; 2nd Applicant: LAI I-HA; Respondent: VINCENT THOMAS
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
21 March 2006
Case Number
LDPD3299/2005
Procedural Posture
Landlord and Tenant Possession (lands Tribunal Application) / Judgment
Outcome
Application allowed in part: landlords granted order for vacant possession subject to payment conditions; tenant ordered to pay arrears at full rent and costs.
Legal Topics
Rent Arrears, Transitional Termination Notice, Repairs and Rent Suspension, Counter Claim Jurisdiction
Source Language
EN
Landlord and Tenant Property Law Contract Law Civil Procedure Rent Arrears Transitional Termination Notice Repairs and Rent Suspension Counter Claim Jurisdiction

Case Brief

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Parties

LEE WAI-KWONG

1st Applicant

LAI I-HA

2nd Applicant

VINCENT THOMAS

Respondent

Procedural Posture

Landlord and Tenant Possession (lands Tribunal Application) / Judgment

Legal Issues

  1. 1 Whether tenant may unilaterally reduce rent due to alleged disrepair
  2. 2 Whether a Transitional Termination Notice created a month-to-month tenancy at the prior rent
  3. 3 Whether the Lands Tribunal has jurisdiction to adjudicate the tenant's counter-claim/deduction

Ratio Decidendi

The tenant was not entitled to unilaterally reduce or withhold rent due to alleged disrepair; the valid Transitional Termination Notice rendered the tenancy month-to-month at the agreed rent of $5,500; the Lands Tribunal lacked jurisdiction to adjudicate the tenant's counter-claim; accordingly the landlord was entitled to possession for non-payment of the full rent and to recovery of arrears and costs as ordered.

Court Disposition

Application allowed in part: landlords granted order for vacant possession subject to payment conditions; tenant ordered to pay arrears at full rent and costs.

Orders

  • Applicants shall after 28 March 2006 recover vacant possession of the Premises from the Respondent
  • The Respondent do pay the Applicants arrears of rent/mesne profits from 1 March 2006 to the date of recovery of vacant possession at the rate of $5,500 per month