Yu Chung Wei v Yunhu Su

The applicant, Yu Chung Wei, a tenant, brought a claim against the respondent, Yunhu Su, his resident landlord, alleging that the respondent was responsible for a burglary at the residential tenancy because he had not locked the door. The dispute was heard by an Adjudicator who found that there was no jurisdiction to hear the claim, and the applicant appealed to the tribunal. The legal issues before the tribunal were whether it is arguable that the tribunal has jurisdiction to hear such a claim and whether there is an arguable point on appeal. The tribunal found that the Adjudicator was correct in finding no jurisdiction to hear the claim. The tribunal noted that the applicant had waited over a year to bring the claim, which was out of time. Even if the claim had been timely, it would have been a new case mentioned for the first time at the hearing. Additionally, there would have been difficulties in proving that the failure to repair the inner door caused any loss, as the applicant’s possessions would be vulnerable anyway once the burglar was inside the house. The tribunal concluded that the claim was not a type of ‘minor civil dispute’ that the tribunal has jurisdiction to hear. Therefore, the tribunal refused leave to appeal, and the appeal failed.

Leave to appeal is refused. The appeal therefore fails.