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LDRT 89/2025
[2025] HKLdT 34
IN THE LANDS TRIBUNAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
APPLICATION NO LDRT 89 OF 2025
__________________________
BETWEEN
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Lo Ying Man
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Applicant
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and
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Anyim Egbert Umunna
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1
st
Respondent
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Musrini
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2
nd
Respondent
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__________________________
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Before:
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Her Honour Judge LJ Cruden, Presiding Officer of the Lands Tribunal
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Dates of Trial:
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5-6 June 2025
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Date of Handing Down of Judgment:
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2 July 2025
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________________
J U D G M E N T
________________
1.
This application concerns a subdivided unit under Part IVA of the Landlord and Tenant (Consolidation) Ordinance,
Cap. 7
(“the Ordinance”). The applicant is Lo Ying Man (“applicant”). The 1
st
respondent is Anyim Egbert Umunna (“R1”) and the 2
nd
respondent is Musrini (“R2”, collectively “the respondents”).
THE APPLICATION
Form 22
2.
The Form 22 Notice of Application dated 4 March 2025 particulars are as follows:
(1) Applicant landlord: Lo Ying Man.
(2) Respondent tenants: Anyim Egbert Umunna and Musrini.
(3) Address of premises: Room 3, Flat H, 11
th
Floor, 1A Shek Kip Mei Street, Shamshuipo Building, Kowloon (“Premises”).
(4) Duration of tenancy: From 1
st
October 2024 to 30 September 2026.
(5) Existing rent $6,160.
(6) The suit premises consist of a subdivided unit.
(7) Nature and particulars of Application: Application for recovery of possession of the suit premises and rent as the respondents have failed to pay rent from the 1
st
day of March, 2025 and the application for order for mesne profits (to the date of delivery of vacant possession of the suit premises) and costs.
(8) Other grounds: Outstanding balance of rent $3,477 from 1 February to 28 February 2025.
Form 7
3.
The Form 7 Notice of Opposition dated 7 March 2025 is signed by R1 on his own behalf and as the representative of R2. Grounds and particulars are that the landlord increased the house rent 3 times in one year, $5,390 to $5,600 and again to $6,160. For this the landlord has to give R1 notice, but did so without informing him. The respondents also ask for refund of their overpayments.
PART IVA OF THE LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE,
CAP.7
4.
Part IVA of the Ordinance applies to specific regulated domestic tenancies. Section 120AA, Interpretation definitions include that “tenancy” means a lease entered into orally or in writing and includes (a) an agreement for a tenancy; and (b) sub-tenancy. The “term” in relation to a regulated cycle of tenancies for a subdivided unit, means the first term or second term of the regulated cycle for the subdivided unit.
5.
Material sections of the Ordinance include:
(1) Section 120AAB Application of this Part
(1) Subject to subsection (2), this Part applies to a tenancy—
(a) that commences on or after the material date;
(b) that i
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