Hong Kong Case Law: Decisions & Judgments

Topic

Reasonable requirement for residence

Legal area

Court

8 Nov 2005

SIMON JOHN COX v. PAUL DESMOND SCANLON

Citation

SIMON JOHN COX v. PAUL DESMOND SCANLON
Court

Lands Tribunal
Case number

LDPD2769/2005

Applicant satisfied the burden of proof that he reasonably requires the house for occupation by himself, his wife and three children; the respondent's hardships and medical/dog-related concerns amounted to inconvenience only and did not meet the high threshold of 'manifestly not just and equitable'; accordingly the Tribunal granted possession subject to a limited 28-day stay conditional on allowing the applicant's architect one inspection and ordered continued payment of rent until delivery of vacant possession.
15 Apr 1983

LEE TAI ON v. SK MAHTANI

Citation

LEE TAI ON v. SK MAHTANI
Court

Lands Tribunal
Case number

LDLA10378/1982

On the evidence the plaintiff entered into the tenancy on his own behalf and as agent for his mother; accordingly both registered owners are landlords for the purposes of s.53(2)(b) and the plaintiff cannot obtain possession solely on his individual need; claim dismissed.
8 Aug 1980

VIRGINIA MOH PEDRON v. CHAN SUK CHU

Citation

VIRGINIA MOH PEDRON v. CHAN SUK CHU
Court

District Court
Case number

DCCJ1744/1980

The landlord proved on the balance of probabilities that she reasonably required the disputed premises for her own occupation; the tenant failed to establish that, in all the circumstances, it would manifestly not be just and equitable to grant possession. Therefore the court must grant the possession order. The tenant bears a heavy burden under the proviso; 'manifestly' requires clear and cogent proof of injustice outweighing the landlord's reasonable need, although hardship is a relevant factor among all circumstances to be considered.

Hong Kong Case Law

SIMON JOHN COX v. PAUL DESMOND SCANLON

LEE TAI ON v. SK MAHTANI

VIRGINIA MOH PEDRON v. CHAN SUK CHU