25 May 1981
CHAN WING WAH v. WONG SAI KUEN AND OTHERS
- Citation
- CHAN WING WAH v. WONG SAI KUEN AND OTHERS
- Court
- District Court
- Case number
- DCCJ5506/1980
The court held that Part II creates a statutory continuance of the contractual term (not a replacement statutory tenancy) so waiver by the landlord during the contractual term survives into the statutory continuance; facts arising during the contractual term (even if not then actionable) may be relied on to establish waiver after expiry; applying these principles the plaintiff's ground of unlawful subletting failed and, on balance of hardship and the 'manifestly not just and equitable' test, the plaintiff's claim for possession for occupation also failed.