1.
By a Notice of Application (Form 22) filed to the Lands Tribunal (“the Tribunal”) on 3 September 2024, the Applicant sought recovery of possession of Room 1713, 17/F, Wellborne Commercial Centre, 8 Java Road, North Point, Hong Kong (“the Property”) on the ground that a tenancy of the Property granted to the Respondent had expired on 31 August 2024 (“the 2022 Tenancy”) and that in addition, the Respondent had failed to pay the rent reserved in the 2022 Tenancy for the period since 1 May 2024.
2.
The 2022 Tenancy referred to was attached to the Notice of Application. It was in Chinese and dated 11 August 2022 whereby the Applicant let the Property to the Respondent for a term of two years commencing from 1 September 2022 to 31 August 2024 at a monthly rent of $11,000 inclusive Government rent, rates and management fees. Also, according to clause 2 of the tenancy, when the tenancy was due to expire, if the tenant wished to continue, terminate or renew the tenancy, it should serve one month’s prior notice; otherwise, the tenant should compensate the landlord by one month’s rental.
[1]
3.
Attached to the Notice of Application are further grounds in support of the Application:
(1) The 2022 Tenancy had reserved a monthly rental of $11,000 and the tenancy expired on 31 August 2024. The Applicant had given written notice on 27 August 2024 to the Respondent that it had breached the 2022 Tenancy by being in rental arrears as the Respondent only paid $8,000 per month, ie less than the full rent for 4 months (May 2024 to August 2024), an underpayment of rent of $12,000.
(2) The Applicant on 12 July 2024 made written enquiry of the Respondent on whether it wished to renew the 2022 Tenancy. The Respondent did not provide one month’s written notice of its intention to renew the tenancy by 30 July 2024 as required pursuant to the 2022 Tenancy.
(3) The Respondent informed the Applicant on 14 August 2024 that it had signed a new tenancy agreement dated 14 June 2024 for a period from 1 July 2024 to 30 June 2026 (“the 2024 Tenancy”). The Applicant requested a copy of the 2024 Tenancy and informed the Respondent that the Board of Directors of the Applicant did not give any consent to the signing of the new tenancy and as such it was not valid and legally binding on the Applicant. The Applicant requested the Respondent to provide vacant possession of the Property on or before 31 August 2024.
(4) The Applicant provided further written notice to the Respondent on 20 August 2024 to provide vacant possession on or before 31 August 2024 and requested a copy of the 2024 Tenancy.
(5) The Respondent provided the Applicant with a copy of the 2024 Tenancy on 24 August 2024 which was signed by Fung Sau King (who is hereinafter referred to as “Auntie Daisy”), a director of the Applicant but also the mother of the sole director of the Respondent, Mr Kimmy Wong (who is hereinafter refer
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