RENTS ORDINANCE TEST CASE.
LANDLORD'S CLAIM FOR HIGHER RENT FOR A RE-BUILT HOUSE. STATUS OF THE, TEXANT MEST BE
PRESERVED.
THE HONGKONG DAILY PRESS
The plaintiff relies on "Phillips . Barnett," [1622), IN LT 1. In that case the owner of three dwelling houses, contignons, to each other, had made: ex- tensive alterations and enlargements with a view to converting the houses into a factory. After the alterations were cùm- The Puisne Judge (Mr. J.“ R. Wood) factory" to a new
pleted the premises were demised as gave judgment, yesterday afternoon, in rent of £700,-the first six months' reat tenant at the annual the Hants Ordinance case heard recently (£30) being paid whic'ezurned on the landlord's right to action was brought by the new tenants in advance. This turn out a tenant who refused to pay a under swation 14, sub-section 1. of the bigher rent for a reshuilt house. Judg" increase of Hent and Montgage Interest but was given for the tenants, gircumstances of the case are fully set out the owner the difference between the rent The (Restrictis) Act, 1982, to recover from in the judgment and in view of the in- paid by them and the standard rent -Zorest of the matters at issue the decision formerly paid by the previous tenants in of the Court is given in full.
respect of the three houses. It was held by the Court of Appeat that the Statute The Puise Judge, in his judgment, did not apply to the building as recan- structed on the ground that the identity dished after they were converted into a tof the old houses could no longer be estali factory. The letting to the plaintiff was, therefore, the first letting of a new build lense, £700 per annum, was the standard ing and the rent payable under the new repit, and also above the limit of the Act,
said:
THE JUDGMENT.
e
The plaintiff is the owner of house 25 Centre Street. The defendant is in sccupation of "the second floor of this house. The plaintiff claims an order for possession of the second, Hoar under the Bents' Ordinance, 1992 (Orilintuner 14 of! 1997).
Os the 11th January last, the defendant was the tenant in actual occupation of
the second floor.
He was
demolition Bad.. become necessary.
w
JESTEXT OF THE RECONSTRUCTÍOx.
?
i
THE NULLAH.
BY ITS NEIGHBOUR.]
I do not need to study the daily rain tall or speculate on the level of our reservoirs Past my study window there floas
WEDNESDAY, SEPTEMBER 6TH, 1922.
HONGKONG HORTICULTURAL
SOCIETY.
IMPROVEMENT OF HORTICULTURE IN THE COLONY.
Attention was called by the President, nullah, and ten years' hard (Mr. H., L. Dowbigging at the annual experienes enables me to guage thesecting of the Hongkong Horticultural maters with fair accuracy froin the bane ociety, last evening, to the improvement ful activity of this agency of tarmeat.
in hortienture accomplished in Hong- its persistent noise would get on
kong through the Society's efforts. Those the
less toughly constituted of creation': for Pattenden, Mr. Ji Owen Haghes, Mr.” E nerves of a rhinoceros, and prepare" the Wallace, Mrs. Aubreg Mr. W. I
present at the meeting, incladet Miss
Bediam. If only it would stop for ten F. Aucott, Mr. E. L. Sun, Mr. J. P. insistence of fate it tears along, and in (cock, Mr. E. D. C. Hornell and Mr. P. A seconds sometime, but it won't! With the Robinson, Mr. E. A Ran, Mr. H. Han- time will undoubtedly wear a channel, Dixon (hon, secretary). through to the cent of the earth. Until The CRMAN expressed regret that week's rains we have been able to hear members that the Committee's Report, ourselves speak on the verandah this sea had been issued so late. The President, son and had been engratulating our on treasurer and hon. secretary and selves on the unusual circumstance. I half the Committee, weht on feave or left know it is wrong to gropar, but, like other the Colony just after the last exhibition, forbidden amusements, it is pleasant, and and difficulty was experienced in finding water, queues shall prevent my having one mittee thanked Mr. N. L. Watson and not evra the prospect of stopping the treasurer and her secretary, The Com- members to undertake the chities of hoo.
Mr. P. A. Dixon for so kindly taking Thanks were also due to Mr. A. E. Eagle Over these positions at short notice.. for auditing the accounts.
back at our nallah. .
Just for a little it sounds nice and, rustic. A recent lady enller remarked
:
to
I will here set out the facts which show the nature of the reconstruction under taken in these premises. The work done that it made her think of the river Spey report of the Society's activities, 2083 84.200,- sum almost sufficient th
which
Bat pre
as drawn up by Mr. Gibbs before he left, spoke for itself.
A few items of the accounts required is. 15, showed a large increase, à con explanation. Printing and advertising, at siderable portion of this sum was incurred by publishing and issuing to all members by Mr. R. A. Nicholson. The Society had the valuable papers on Roses and Dahlias also printed and issued to members
it was hoped that these various publi- list of such of Sutton's seeds as had been found to be a success in, Hongkong, and cations would prove useful and fond to The erst, of erecting matsbris for the greater successes in members' gardens, Show was again higher. The show itself
a monthly build entirely a Chinese tenement housing past her old home. fonant of the plaintiff under a verbal of this character. The rear wall, the Cank sently she began to fidget, and before! agreement, lunar months being adopted wall and the interior wall were removed long the happy mood of recollection gave for calculation of the tomancy period. carried down deeper than the original way to feelings which no lady would, and and re-erected. The foundations were The standard rear payable in respect of foundations. Alout nine feet was ent aff¦ few could, express in language, his tenancy was $36 per menscm. "
from the back of the house to provide ! In the driest times; we get a trickle, fo September, 1921, a notice issued by space in accordance with the re the Building Authority under the provi. quirements of the Public Health and, but what our nullah can do when it really axis of section 20 of the Public Health itself capable of coming a domestie to be believed. Lidoré, which I have seen,
Buildings Ordinance, 10, and Buildings Ordinance, 1987, (Ord. of tenemens, was added to the third for
A cock-loft, means to take it out of you must be sen 1905), was served upon the plaintiff. By this note the uilding was, declared More than half of the roof was removed is nothing to it: Niagara, which I have dangerous to such an extent that partial and replaced. The kitchens were placed, not seen, cannot at any rate be so apite
The in different positions. The position of lamtiff was ordered to take dawn, the the staircase was altered." On the other ful, for 1 understand Niagara rears. whole of the lack wall, and portions of height, followed the same line of frontage is diversified by the descent of an org big decline. The Committee was grateful hand, the building remained the same, whereas our nallah screams. The shriek was run at a considerable loss, owing to the front, cross, and rear walls.
the Strike and gate recripts showed a Apart from shoring and preparation of wall facing the street remained as it was,sional rock. battered against the sides to kind friendly who gave generous dona
and the sate site boundaries. The front archiwet's "plans, the plaintiff look no The angle of the roof was unchanged and bottom of the gully, with an effections to the prize fund and thereby helped steps to comply with this notice until the The party wall dividing the house from 11th January. He. then served on the de- the next house was unaffected. The pre-i
very considerably. fenilant a netice to quit immediately, in
110 one but
amber of the The CHAIRMAN continued "You will erder that the instructions of the Buildases are still numbered as before and E.A.S.M.A, is competent to describe. As see that our membership rose to 205, ing Authority might be carried out, Thare set out by floors for domestic for volume, no instrument can be,cape though gratifying, the Committee feel the which shows a steady increase but, defendant quitted the premises in 'accord-|
foecupation. ance with this notree. He male no. pro by the judgment of the Divisional the most cursory glance that on a gala impress on all members themselves to In deciding this matter I shall be guid of registering that, but it is obvious to total should be much greater. I would test of my kind, nor did he reserve Court in “Woodward e. Samwela" [1920],, day enough brown water rufs to waste to their best to enrol new members and expressly any rights under his tenancy, sa .. K.B. 65. In that ease a dwelling Hood Tyra Tak in ten’mikutes.
take more interest in the Soviety and do The promises were then in part pulled hour, ons deeppieds as down and reconstructed by the plaintiff.
a whole, was:
encourage their friends to take an interest On the 15th May a certifients was issued Separately let. The action was brongly template hepate schemes for supplying cut look to members to gather in new comers Flater divide into three fats which were Why talk about bering well, why con frequently leaving the Colony andy wei in their gardens. Old members are by the Building Authority under section under the Increase of Rent and Hort. Colony from the sides of Thi Mo Sham? as they arrive and thereby sustain the 201 of the Public Health and Buildings gage Interest (War Restrictions) Act. All that is uvcessare is to impound our Ordinance, 103, that the premises, which 1913, (5 and 6 George V. c. 97), section gallah, and there will be abundance for Society in its endeavours to spread and had now become. # new building avithin the meaning of the Ordinaner, had
sub-spations 1, 2 and 3. The plaintiff, a wilk adulteration, lawn watering, ship you consider for a moment you will be encourage horticulture in Hongkong. If berg bult in compliance with the provi! now tenant of one of the flats, clained an supplying and all the other, purses tonished at the numbers and varieties sions of that Ordinauer. The house, whole house to determine the rent payable! But our nullah will never be impound.troduard by embers and how, through
apportionment of the standard rent of the about which so much ado is made. therefore, was on, that fate really for for his flat. The plaintiff sicc.cded ind. It resents interference and is in these varieties, being exhibited at
ef plants and flowers that have been in- ocenation..
The plaintiff still proposed to let the the County Court and again on appeal in league with the powers-that-be to prevent annan! Shows, many other people have tond Bourns a separate domestic tene
the Divisional Court. To giving judg it. You will find that out if you ask been encouraged to try and grow them. ment. On the 17th May the plaintiff and said: It is nct immaterial to see the hour after years of endurance. I fondly attempted to grow sweet peas here. Jr. ment in the Divisional Court, Sankey J. them to interfere, as I did in a Forgotten the defendant "made a verbal agreement nature of the work that is carried out, hoped to catch the F. W.D. in a softened A. Nicol showed us to what excellence Ten years ago, a little mure, no one for a monthl; tenancy again adopting Water was laid on to all three floors, and mood, and wrote them-oh so nicely!they can attain and now hardly one of Junai menths of this domestic tenement, sinks and gas cookers were installed on suggesting that perhaps the Departments but does not have sweet peas in our The first month's rent was paid inch floor. In deciding that the rent of night care to earn undying gratitude by gardens during the winter. Only as re- adyne wader this agreement. The de the undivided dwelling house must be culverting the thing. According to tently as 108 did M. Ho Kom Tong send fendant accupied the floor, again, with apportioned, he said, To hold otherwise ancient photographs this house must be a few pots of linuria to the aguual defendant claimed that the standard rent of the results of holding otherwise would hillside, but its ad plea was rejected on the plaintiff's consent. Subsequently the would lead to very strange results. One the eldest ratepayer on the now populous payable in January last still attached to be that the landlord might retain one or the ground of expense. the domestic tenement. For the second two rooms of the house for his own uso. month, he rendered that amount (with a and let off the remainder as a separate voluntary addition calculated in accord dwelling at a greatly increased rent, aner with section 14 of the Rents' Ordin- although he would be unable by reason of an, 1992).
the Act to increase the rent of the whole
at a rental of denk per mensen.
A FRIENDLY TEST CASE.
house.
our
the pioneer work done in roses by Sir Show and agw it is a common variety with us. I have only to remind you of
of Chinese at the University, and other Peak, so enable you to appreciate, the When lakhs are needed for the training lower levels, and Mr. T. F. Pearce on the Paul Chater and Mr. R. A. Nicholson on far-reaching purposes, it was foolish to progress that has resulted, in the last dream that a few dollars could be spared decade. These few instances that occur for the comfort of British residents. Ito me at the moment are sufficient statute, This Increase of Rent and Mort-Pidiculous."
The later Chusolidating and amending Highest Authority that the request was and can continue to ig towards the admit the folly, and quite agree with the think to show what this Society has done! gage interest (Restrictions) Act, 1920," in tion, not from the format reply trans-kong section 12, sub-setion, provides as mitted to me, but from the much more
I quote the characterisa-couragement of horticulture in Hoag follows: This. Act shall not apply to human annotation scribbled on the margin port and statement of accounts.
I beg to move the adoption of the ro in the first place it seems to me by way of conversion into two or more ing to this document, the writer, was motion was carried.
may dwelling house reconstructed of the dossier by an august pen. Accord. Mr. J. OWEN HUGHES seconded and the material to enquire whether the first seperate and self-contained flats or tene reminded of the man who sent to the tenancy of the defendant terminated or ments." survived on the 11th January. It is
Mr. W. L. PATTENDEN proposed a vote sleep at night for those dd night special mention of Mr. Gilibs's services as country and complained he could not of thanks to the retiring officers, with ingales" It is delightful to and that the Eon. secretary Mr. Gibba had been as great ones who run the Empire can retail sociated with the Society since its incep- chestnuts, and even cuss, like common tion and its success was largely due to his
efforts.
The present action is brought to test the legal validity of the defendant's contention. It is a friendly action and is, as I un informed, a test action for other parties.
i
TO PRESERVE THE STATUS OF THE TENANT
It is unnecessary to emphasis, the diff.men
One had no idea, by the way, that such
nation was carried with acclamation,
Mr. E. HANCOCK seconded and the The appointment of Mr. H. B. L. Dow proposition of Mr. Roussos seconded by Mrs. AcuREY.
admitted that, on the date of the issue The local Ordinance contains no pro of the present writ, he was not a tres vision parallel to this amendment in the passer. He was then a tenant in netual English law. occupation. haring commenced his tenancy with the consent of the plaintiff, and, as such may claim to retain possession of culty of finding a principle to cover alt the domestic tenement bu due payment cases. In general the Court will lean to exalted attention would be given to so of the appropriate rent.
la regent ease in Euzland 4" Schnition of the Ordinance to" preserve the quired of it here to condescend to things biggin as President was confirmed, on the the view which gives effect to the inter-mall a matter, but it appears to be re Christy L.R, [1922] 2 K.B. at p.61) which was concerned with the Thierense status of the tenant.
which are lowly. However, an Authority of Rent and Mortgage Interest. (Restric
In the present case, however extensive even longer established had to do with tions) Act, 1920" (10 and 11 George V the reconstruction may have been, theur nullah.
The Adversary himself put
Mr. RAM proposed, and Mr. HORNELL C.17, section 3 sub-sections 1 and 2), the premises have continued to be of the same fuger in the pie, and suggested to the sanded that Mr. E. F. Aucott be elected principle has been again affirmed that type, and are still designed for use as contractor to insert a 12-inch step in its hon. treasurer. This was approved. the standard rant attaches to premises formerly, for domestic purposes, by a course exactly where the augmented upiary, on the proposition of the CHAIRMAN, Nr. P. A. Dixon was elected hon ercre- seconded by Mr. 513.
although the tenant in actual occupation separate letting of each floor, in accord may change, The judgment of the ance with local custom This domestic." Divisional Court, read by Action T tenement, though improved, has not lost stated "It is now settled by authority its identity in any way. For this reason, that the standard rent is a rent stereo typed for the premises do which the Act hus application. The Act operates in rem and not in personam." This feralirk. is equally true in relation to the local Ordinance.
would give most nanoyance:--
A dirty trick,
And worthy of Old "Nick"
The following were appointed to the Committee: Mrs. Aubrey, Miss Wallace, Mr. H. Green, Mr. Ho Kom Tong, Mr. Mr. N L. Watnós, Mr. M. E. F. Airey, Thornton, Mr. E. B. C. Hornell and Mr. J. B. Robinson.
in my opinion, the circumstances of this To be sure it is gratifying in a way that came have more in common with those in ON. thinks. our district worth his notice. Woodward. Samuel" than with the Also I feel wonderfully bucked to think facta in Phillipe e. Burnett.!
that by merely writing a civil letter I can The Ordinance has protected the inter-set going one of the little pleasantries. ests of the lesser in two ways. Hu may which relieve the tedium of official life ingale which once took to haunting AIS ITA, NEW" BUILDING
claim under section 14, an increase of As for O.N., if his alleged carryings on Brodley Woods at Newton Abbot. I have The plaintiff contends that the altera anual sum equal to 8 per cent on the of those who enjoy a din.
rent beyond the standard rent, by an in Kirk Alloway are authentic he must be seen pretty much the same in Japan, tions have changed the building com pletely, out of all recognition, with the amount (above 8600) expended by him on pretty sure that if our nullah ran close resorts of cicadas. All mast commendable, But I am where a favourite excursion is to the reault that nader the Ordinance. the tion 24, he may apply on the ground of ment it would do so underground.
additions or improvements. Under sec past the windows of a Government depart and an excellent excuse for keeping your doneštio tenement now occupied by the defendant' should be classified as new and exceptional circumstances to the Governor Further, I hold that the man who com-
best girl out beyond conventional hours, in no way identified with the tenement Council for an order excluding his pro plained of the nightingales need have all through the night and every night. but few of us, want these vocalisations occupied by the same party in January Party from the operation of the Oriin-been neither a fool nor a Philistine last. If this contention be accepted, then ance
Besides, to compare my nullah to a flock though he would have been a fool, as I of nightingales, or even a swarm the standard rent of the domestic tene find, therefore, for the defendant, was, to send his plaint to a Government cicadas! But even as I pen this good old letting after the issue of the Building able in respect of this domestic tenement.In the West of England the nightingale behold, stretched out on the parapet meat is that provided for in the first He has tendered the standard rent pay department.
grouse Iglance from the window, and Authority's certificate in May last, name. The plaintiff is not entitled to the order does not appear, being frightened there, which bridges our holy terror, a chair 17, 360 per mensem. On this. basis the for postcesion which he has claimed. as all men know, by the superior sweetness coulie sound asleep. I am rebuked. defendant has made default in the pay Mr. Vaux (for the defendant) asked of the voices of the inhabitanta I have Would that I had his nerves! Life in ment of the appropriate rent and the for costs and the application was granted, een citizens of Torquay filling the late this Crown Colony would be less con order for possession should be made Mr. F. E. Naah was solicitor for the evening train to go and listen to a night sciously under the obsession of the against him.
landlord.
(Continued at foot of next col ́vin.) Everlasting No!
12
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