Tuesday, 28 June 2016
Q: I have a tenant who refuses to move despite numerous eviction letters. He continues to pay rent directly into our bank account, blatantly ignoring our notices to quit. He has been advised that he has ongoing rights as long as he continues to pay rent, despite our opposition. Isn’t this trespassing?
A: A Tenancy at Sufferance, also called "Estate at Sufferance" or "Holdover Tenancy", is when a lawful tenant remains on property after the lease has expired or been terminated. While the tenant’s continued occupation may seem like trespassing, he is a Tenant at Sufferance because, at one point in time, you, the landlord, lawfully rented the premises to him. However, while not a trespasser, the tenant is in wrongful possession of the property; therefore all monies paid would be deemed to be Mesne Profits, and not rent, so you have all rights to evict at any point.
Get a court order and then get a Bailiff.
A Trespasser or Disseisor, on the other hand, never had lawful possession of the property.
Thursday, 12 May 2016
Q: Hi, for seven years, I was made to believe that I was the father of a child, but I have doubts. What can I do?
A: The first step is to have a paternity test done. One place to get it done is:
Trinidad and Tobago Forensic Science Centre
Barbados Road, Federation Park
St Clair, Port of Spain
Tel: +1 868 622-1011 or 622-2167
The cost as of now is $500 per swab. So, as father, that’s $1000 (baby and yourself). The test involves Macroscopic and DNA analyses.
· If the tests prove that you are not the father and your name is not on the birth certificate, you’re fine.
· If the tests prove that you are not the father and your name is on the birth certificate, you will have to visit an Attorney to apply for a court order to have it removed (important to have done).
Based on my experience in the legal profession, I would advise any man with just an ounce of doubt to get this test done.