9 Sept 1994
AVION INVESTMENT LTD v. MAN YUN KWAN AND OTHERS
- Citation
- AVION INVESTMENT LTD v. MAN YUN KWAN AND OTHERS
- Court
- Lands Tribunal
- Case number
- LDMP1043/1993
The applications for possession were dismissed because, although the landlord proved intention to redevelop and adequate financial resources, the Tribunal could not impose the mandatory timing conditions required by ss53A(2)(b)/119F(2)(b) due to uncertainty arising from the 1984 informal transfer: the Tribunal found on balance that the 1984 transaction amounted to a surrender by operation of law creating a new tenancy under Part IV and that sub-tenants became direct tenants under s119P(8); accordingly the Tribunal could not determine when rebuilding could commence and therefore the statutory…