Chan Shun Yau v. Ahmad Gulzar

LDPE000322/1998

IN THE LANDS TRIBUNAL OF

THE HONG KONG SPECIAL ADMINISTRATIVE REGION

Lands Tribunal Application No. LDPE 322 of 1998

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Coram : Deputy Judge LEE

Dates of Hearing : 11 November 1998

Date of Judgment : 11 November 1998

Date of Reasons for Decision : 3 December 1998

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REASONS FOR DECISION

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1. The Applicant is the landlord of Flat B5, 9th Floor, Mirador Mansion, 54-64, 54A-64A, 64B Nathan Road, 1A-1H & 1J Mody Road, 3-15 Bristol Avenue & 1A-9A, 3-9 Carnarvon Road, Kowloon. The Respondent is the tenant of the suit premises. The application was for the vacant possession of the premises, arrears of rent from 21st May 1998, arrears of management fees from 1st June 1997 and costs.

2. The Applicant's evidence was that rent has been in arrears since 21st May 1998, and management fees since June 1997. It was agreed between the parties that the rent was reduced to $12,200 per month from the original rent of $13,100 per month as from January 1998.

3. The Respondent agreed that rent has been owing since 21st May 1998, and management fees outstanding from August 1997. He had paid the management fees for June and July 1997, and produced the relevant receipt.

4. There was no valid grounds of opposition to the application for vacant possession. The possession order was therefor made, with the usual 4 weeks relief against forfeiture should the Respondent pay all arrears of rent, management fees, and costs within that period.

Representation:

Miss Tin Shuk Yi of Messrs. Ho & Wong for the Applicant.

The Respondent in person.