In Chan Po King v Yau Wai Yin ([2015] HKEC 1283, CA) two out of four tenants in common had granted a two year lease of land expiring on 31 December 2013.The tenant refused to leave when the term ended. One of the two tenants in common who had granted the lease brought proceedings to recover possession and seeking mesne profits in respect of the occupation after the end of the term. The tenant contended that both landlords had to be parties to the proceedings and that one tenant in common, acting alone, could not do so. This argument failed. The lease term had ended and the tenant had no further right to possession. There was no evidence to suggest that the other landlord was willing to allow the possession to continue. The applicant was entitled ‘in exercise of her right and interest to possession as a tenant-in-common’ to bring possession proceedings acting alone ([26] per Chu J-A).
Michael Lower
