● Obstacles - best to get order for possession s23 Public order

○ Avoid committing an offence of trespass

○ Date A:Writ → Date B: order of possession → Date C: Actual Possession
■ Date A - acquire nominal possession
■ Date B- tenancy agreement ended back on the date of A
● Have to plead two things in the notice:
○ Possession of the property
○ And the payment of rent up to A
○ Mense Profit - occupational rent
■ Only charge someone who is not your tenant
occupational rent
●
○ Once forfeiture is successfully executed and no relief for the tenant → relationship
of tenant and landlord ended
■ Goes against the spirit of contract
■ Must be fault-based

● Other breaches - E.g. subletting

○ s58(1) CPO- Must serve notice
■ (a) specify the breach and give tenant time to remedy the breach if he’s
capable to do so (i.e. grace period)
Item (a) must be included in the notice

■ (b) Require the breach to be remedied

■ (c ) Specify the compensation required by the landlord
● If the breach is capable of being remedied

● Relief against forfeiture

○ Court has jurisdiction to grant relief -s58(2) CPO
■ Wide discretion
■ Court often grants relief when tenant failed to perform positive covenant
■ E.g. you used property as drug factory
● Not capable of relief since hard to rectify
○ Conditional relief
■ E.g. 10 days to rectify certain things → otherwise no relief
○ If relief is granted, the lease is revived
■ So landlord has to ensure that relief wouldn’t be granted or else that’d be
waste of money and time for litigation
●
●
● Your firm acts for the landlord named in the enclosed Tenancy Agreement relating to the
Tai Po Property (Attachment 2 thereto)
●
● You are in a conference with Mr. Chin, a director of the landlord company. He has asked you
to:
●
● Advise the remedies available to the Landlord and their effect, if any, on the Tenancy
Agreement if the Tenant has not paid rent for the past three months.