TSE WAH TONG v. LIN YUEN TING

DCCJ3477/2004

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 3477 OF 2004

ASSESSMENT OF DAMAGES

1.  The plaintiff is the registered owner of premises known as Flat E, 22nd Floor, Block 5, 2 Mei Tung Street, Tung Chung Crescent, Tung Chung in Lantau Island, New Territories (hereinafter referred to as “the premises”.) 

2.  The defendant was the plaintiff’s tenant at the premises under a tenancy agreement executed on 16 August 2003 for a term of 2 years from 1 September 2003 to 31 August 2005 at a monthly rental of $6,800.  (hereinafter referred to as “the said tenancy”)

3.  The defendant, without obtaining the prior consent of the plaintiff, unilaterally quit the premises on 31 January 2004 in breach of the said tenancy after failing to pay rental in December 2003.  Furthermore, the plaintiff upon re-entry of the premises found all the walls of the premises had been marked and damaged, and the premises were filled with garbage.  Consequently, the plaintiff had to send in contractors to clean up the flat and remove the garbage from the flat, and had the flat repainted at the cost of $12,800.  The plaintiff eventually let out the premises to a new tenant at $6,700 per month on 20 June 2004, the tenancy to commence on 1 July 2004.

4.  The plaintiff commenced proceedings in July 2004.  Final and interlocutory judgment was entered for $34,000 with interest on 11 October 2004, in default of notice of intention to defend, with damages to be assessed. 

5.  Today’s hearing is the assessment of damages of the plaintiff’s claim under particulars (ii) to (iv) of paragraph 11 of the Statement of Claim, namely the reduction in monthly rental from $6,800 to $6,700 for a period of 14 months, i.e. for the remainder of the term after the plaintiff successfully let out to a new tenant on 1 July 2004 up to 31 August 2005; renovation charges caused by the defendant’s damage to the premises and the commission paid to estate agents to find a suitable new tenant

6.  I have heard the evidence of the plaintiff, Mr Tse, and I have been shown the original quotations and receipts from the contractor who repainted and cleaned up the premises, the new tenancy agreement of the premises and the receipt from the estate agent for half a month’s rental commission. 

7.  I am satisfied the plaintiff did suffer the damages claimed, and therefore my assessment is as follows:

Reduction in rental	$1,400
Renovation charges	$12,800
Commission to estate agent	$3,350
Total:	$17,550

8.  Interest from the date of writ to the date of judgment at half judgment rate and thereafter at judgment rate.  Costs of the assessment with certificate for counsel be to the plaintiff, to be taxed if not agreed.

9.  Exhibits be returned to Plaintiff upon expiry of appeal period.