Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 53
  • 20 Jan 1982

    LEUNG WAI HAN v. LAU FING YING AND OTHERS

    Citation
    LEUNG WAI HAN v. LAU FING YING AND OTHERS
    Court
    District Court
    Case number
    DCCJ3700/1981

    Sections 52(1) and 53(1) must be read literally: for periodic tenancies the tenancy cannot end by effluxion of time so it must be terminated by the landlord; the common law method of termination of a periodic tenancy is by notice to quit; consequently a valid notice to quit must be served and its period must expire before proceedings under s.53(2) can be commenced, and until then no cause of action arises for possession under s.53(2).