KONG ON TAI AND ANOTHER v. WU WEIWEI

KONG ON TAI AND ANOTHER v. WU WEIWEI

The March 26 WeChat message constituted valid written notice under the Break Clause and in any event the April 20 solicitor letter validly exercised the Break Clause terminating the tenancy by 27 May 2018 at the latest; the HK$63,000 payment of 17 April 2018 was accepted or held by the 1st Applicant by mistake and did not create or revive a new tenancy or estop the applicants from enforcing the Break Clause; accordingly the respondent must deliver vacant possession and pay mesne profits and costs.

Citation
[2018] HKLdT 70
Parties
1st Applicant: KONG ON TAI; 2nd Applicant: DONG XIAOQIN SHIRLEY; Respondent: WU WEIWEI
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
23 August 2018
Case Number
LDPD1171/2018
Procedural Posture
Application for Recovery of Possession and Mesne Profits (landlord and Tenant) / Judgment Delivered by Lands Tribunal Member Lawrence Pang on 23 August 2018
Outcome
Application granted in favour of the Applicants; Respondent ordered to deliver vacant possession and pay mesne profits and costs; execution for possession stayed until 31 August 2018
Legal Topics
Break Clause, Notice to Quit, Service of Notice, Mesne Profits, Estoppel by Convention, Fraud/deceit, Costs Assessment
Source Language
EN
Landlord and Tenant Property Law Contract Law Civil Procedure Break Clause Notice to Quit Service of Notice Mesne Profits +3 more

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Parties

KONG ON TAI

1st Applicant

DONG XIAOQIN SHIRLEY

2nd Applicant

WU WEIWEI

Respondent

Procedural Posture

Application for Recovery of Possession and Mesne Profits (landlord and Tenant) / Judgment Delivered by Lands Tribunal Member Lawrence Pang on 23 August 2018

Legal Issues

  1. 1 Whether the March 26 WeChat message constituted valid written notice under the Break Clause
  2. 2 Whether the April 20 solicitor letter validly exercised the Break Clause
  3. 3 Whether the HK$63,000 bank transfer on 17 April 2018 revived or created a new tenancy

Ratio Decidendi

The March 26 WeChat message constituted valid written notice under the Break Clause and in any event the April 20 solicitor letter validly exercised the Break Clause terminating the tenancy by 27 May 2018 at the latest; the HK$63,000 payment of 17 April 2018 was accepted or held by the 1st Applicant by mistake and did not create or revive a new tenancy or estop the applicants from enforcing the Break Clause; accordingly the respondent must deliver vacant possession and pay mesne profits and costs.

Court Disposition

Application granted in favour of the Applicants; Respondent ordered to deliver vacant possession and pay mesne profits and costs; execution for possession stayed until 31 August 2018

Orders

  • Respondent do deliver vacant possession of the Premises to the Applicants
  • Execution of the order for possession be stayed until 31 August 2018