Tsang Shu Wo v Person unknown in occupation of Lot No 2643RP in DD 120, Yuen Long, New Territories, Hong Kong ([2023] HKCA 644) concerned a possession claim by a person claiming to be the sub-tenant of a large plot of land in the New Territories (‘the Plot’). The claim concerned the possession of a house on the Plot which had been occupied by the defendant’s family since the 1920s.
The plaintiff claimed to be the sub-tenant of the Plot. There was, however, no valid tenancy in favour of the alleged intermediate landlord. This was because the Plot was owned by a Tso and one of the registered managers had refused consent to the grant of the alleged head-lease of the Plot. While not all registered managers need to sign leases of Tso land, they do need to consent to the grant ([27] Hon Yuen JA). Thus, there could be no valid sub-lease to the plaintiff.
The plaintiff claimed that there was a tenancy by estoppel and this entitled the plaintiff to bring the claim. Both in the Court of First Instance and in the Court of Appeal it was held that any such tenancy could only affect dealings between the alleged landlord and tenant. It did not entitle the tenant by estoppel to bring possession proceedings.
The outcome seems to be that, in the absence of a valid lease and so of any valid sub-lease, the right to bring possession proceedings remained with the Tso.
Michael Lower