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Tuesday,
HONGKONG TELEGRAPH. September 26, 1939.
LEGAL POINT DEBATED ALHAMBRA
Do Words "On Or Before" Invalidate
Landlord's Notice To Quit?
“This is a very interesting point. In all the history of the Inw no case is known on all fours with this," said Mr. Justice Lindsell in the Summary Court yesterday in n possession case in which Mr. C. A. S. Rusa raised a legal point,
The polit at lasue was whether a notice to quit "on or before" a certain date, issued by a landlord to a tenant was o valid notice.
His Lordship decided that it was and the matter.Is to be taken on appeal before three, judges.
Mr. Ross argued that the words "on or before" were quite unnecessary, that they made the notice ambiguous, that it was. bad, even if it was good, because it was doubtful, and that it placed unnecessary hardship upon the tenant.
The plaintiffs were Fung Fook and his grounds in a short written Tsang Yau-mui. There were four]ment. defendants in four separato actions,|
Rent Raised
itles that, there were only three kite
chens for the four fints?-No.
You know that the landlord in- formed them?-No
Mr. Hun sald he could bring evi- dence to show that the building authorities reported to the Direktor of Medical Services on July 6 that they did not propose to press this matter at all-they did not con- sider the lack of a kitchen a serious matter. A
Mr. Rusa (to, witness): I put it to you the whole scheme in an effort to get rid of these tenants?-No.
Mr. Russ asked permission to bring rebuttal evidence regarding the judg-architectural evidence.
His Lordthip: Rebuttal evidence can only be called when one side
but all four cases were taken to- The hearing of the case was then has been taken entirely by surprise. gether. The defendants were Leung taken, Mr. Russ calling Chin Sook-You have not been taken by surprise. Chun-pong, Ho Kwal-ying and Unicho who said that he was a tenant Your whole case is that this recon- Hak-young.
of the plaintiff at Caine Road. Hestruction is not necessary...
Mr. Russ: This is bad evidence, Mr. Russ was for the defendants said the house had two big rooms and Mr. P. Y. Woo, of Woo and Woo, and a verandah. In it lived himself, However, the second polat is that for the plaintiff...
his wife, his concubine, seven sons, he must prove that it is imperativo three refugee for him to pull this place down and daughters,
into the street. The defendants admitted servics of Ave
and failure to nephews and their mother and three turn these people the. notice to quit
He has not only to prove that he but that the comply on the ground of its validity, servants, making, 22 in all.
In raising the legal point, Mr. Mr. Chin said the rent had been received, this notice, Ress said that the use of the words raised from $35 to $35 in January notice in being enforced. "an or before" in the notice to quit last year. On March 30, 1938, he
Judgment For Landlord notice to quit on the made the notice invalid,
received a
His Lordship! The Court must Mr. Russ quoted a number of ground of reconstruction. In April "Horso on The Merry-Go-Round"] "Healthy, Wealthy and Dumb" authorities and contended that in they held a meeting of tenants and hold that the Government having Issuing the notice the landlord did so it was decided to pay the landlord served the notice intend to act upon prove that at his own peril. He submitted that half the architect's fee of $200 which it. It is up to you to the wards complained of made the the landlord had paid and the land- they do not so intend. I see it is a notice vague and called upon the lord agreed to stop the reconstruction 14-day notice.
Mr. Russ: Yes, it is six months old tenant to get on something that was work.
Later he received another letter and nobody has taken a bit of notlee quite ambiguous, and, thirdly, the' notice was bad, even if it was good, from the landlord drawing attention, about ft. because it was doubtful.
to a notice he had received from the p HI Lordship: The fact that they Mr. Russ said that position should building authorities requesting the did not act for six months does not
kitchens on the show that they intend to ignore it. never have arisen at all. It wasjerection of two quite unnecessary. No definite date second and third floors, had been mentioned. If a defuite therefore requested to quit. date had been given and then been qualified that would have been ull right, but that was not the case here.
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He was Mr. Woo: Perhaps they did not take action because my ellente were In communication with the building authorities and they thought he was They Mr. Chin said that since he lived doing something about it.
accommodation on the ground floor there was no know that kitchen reason why he should not continue cannot be provided in a day, or even
while the work was a month, Mr. Woo, said he was quite preto live there
Judgment was entered for tho In any case, he was pre- pared to admit that a notice to quit going on. must not call upon a tenant to Inter-pared to go provided the landlord landlord in all the cases with costs.
law. pret a dimeult point
He gave an undertaking that when the An order for possession by October submitted, however, that there was work was finished he could go back. 31 was made.
On the application of Mr. Russ, nothing vague Dr difficult in the Mr. Chin suld the Idlichen accom- notice. It merely required the tenant to quit on a certain date, or, if it suited him, to quit before that date arrived.
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modation notice was merely a pre-stay of execution for 14 days was text to get rid of him. He said he granted pending appeal. If notice of had looked for accommodation but appeal is filled within 14 daya, stay could not find any.
of execution to be extended until Mr, Woo cited a case in which two Under cross-examination, Mr. Chin decision of the appeal. separate dates were mentioned where sold it was the landlord who nad the notice war held to be valid. flest suggested Increasing the rent. that he had The Judge: That is a case where He agreed, however,
written a letter to the landlord Inj two specific dates are mentioned.
Mr. Woo: My submission is that which he stated that he would, of his this is a similar case. There are twojown accord, consider increasing the Ispecite dates, from the first day of rent,
the notice until the last day.
Mr. Russ: I submit that a notice Chew and Co., said he gave notice riving specific alternative dates, or to the defendants after coming to the! mathematically calculable dates. In conclusion that demolition and re- quite valid. But this I submit is not construction was necessary if kitchen! such a notice. What would be the accommodation was to be provided position 1 I received a notice on as required by the notice. March 25 saying that on or before
Dangerous to Building. September 20 I must quit certoln Mr. Woo Would it be possible to premises and I say "all right" nad quit on, the following day. Am I not provide kitchen aecommodation with
out reconstruction?--Yes, bu! responsible for the rent? The point
Mr. K. C. Chew, architect of K. C. |
it
is that all these dificulties are quite would be dangerous to the building.
Mr. Russ: Did you tell the land- unnecessary and are thrust upon the lord to inform the huilding authorl- tenant because the landlord chooses
to word his notice ambiguously.
The Judge: What difficulties are
thrust upon the tenant?
Threat of Eviction
Mr. Russ: Because of this ambi- guous noilce. He cannot, as a mat- ter of fact, leave before the dale, because the landlord is entitled to leave the place unoccupied and charge the tenant rent right up to the end of the time.
Mr. Woo: In the Instance eiled by Mr. Russ, the notice to quit would be a threat of eviction, according to Halsbury, and as such he would be entitled to quit without hability for rent.
The Judge: Is a notice to quit a threat of evletion?
Mr. Russ Certainly not.
His Lordship said he would give his decision on the point after con- alderation as it seemed to him a very interesting one. In all the history of the law there did not seem to be
a rase on all fours with it.
Later, His Lordship asked whether the case would be taken to appeal On being informed In any event, that I would, His Lordship said he would find against the defendant. Ho anid ho would And that the notice was a valid notice.
On the application of Mr. Russ, |His Lordship said he would set out
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missing, bellaved killed, according
R.A.F. Man From to the Royal Air Force casualty list.
China Missing
Admiralty Denial
LONDON, Sept. 25 (Reuter) Squadron-Leader A. S. Murray, LONDON, Sept. 25 (Reuter). former alstant Air Attache to thoj The Admiralty state that they havo British Embassy in China, who was received do report of a naval eni in one of the Embassy cars which gagement off the Norwegian coast, were machine guntied by the Japan-jas would have been the ease had ere between Nenking and Shanghat one taken place, says the Ministry of In October, 1997, is reported to be Information,
Printed and Published for the Proprietors by FREDERICK PERCY FRANKLIN, at 1 and 3. Wyndham Street in the City of Victoria, Hongkong.