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Tuesday, 12 August 2014

Dance-hall License

Q: Do I need permission to have a weekly karaoke event at my bar?


A: Yes. According to Section 2 of the Theatres and Dance Halls Act 1934, as amended, a “dance hall” means any building, tent or other erection open to the public gratuitously or otherwise, where public dancing or singing takes place.

S. 3(1) - After the commencement of this Act a place within a specified area shall not be used as a theatre or dance hall without a licence.

A license is acquired through an application to the Magistrate's court in the district of the venue, and is granted for 12 months at a time. 

Wednesday, 30 July 2014

Trinidad and Tobago name change: Deed Poll

Q: I am considering changing my name (putting my middle name first). I went to a few Commissioner of Affidavits to get information on the process, but they all said that its a long drawn out process. What i want to know is how can i change my name and what happens after i do. I have a number of certificates that have my current name what would happen to them if i do?


A: It's not really a long drawn out process. 

What you need: Birth certificate, new name, proof of address.
Where to go: Civil Lawyer
Length of process: Approximately 2-3 months

Your certificates will remain valid, but everywhere you present them, you'll have to present a copy of the Deed Poll. 

Also, to change your name on all official documents, you just need to present the Deed Poll along with your birth certificate and apply for your new documents. 

I'm happy to see my past COSTAATT Criminal Law students using my site! :-)

Saturday, 12 July 2014

Responsibilities of Landlords & Tenants in Trinidad and Tobago

This is another area of law that generates a lot of questions, so here are some of the rights and obligations of landlords and tenants in Trinidad and Tobago.

Tenants obligations:
  • Pay rent in full and on time
  • Make sure the house or apartment is used mainly for living purposes
  • Keep the property in good order (except for normal wear and tear)
  • Inform the landlord if repairs are needed and give the landlord access to the property to carry out repairs
  • Give the landlord access (by appointment) for routine inspections
  • Inform the landlord of who is living in the property
  • Not to cause disturbance, nuisance or annoyance to neighbours and not to allow visitors to do so. These actions include, but are not limited to:
o   persistent, excessive noise;
o   verbal or physical abuse of neighbours;
o   racial or sexual harassment;
o   vandalism in the neighbourhood or damaging neighbours' property
o   drug use or selling drugs.
  • Comply with any special terms in the tenancy agreement, verbal or written
  • To give the landlord written notice when you wish to end the tenancy
  • Not carrying out alterations to the property without the landlord’s permission

Tenants rights:
  • Make emergency repairs, which are the responsibility of the landlord, and deduct it from the next month’s rent (receipts MUST be shown)
  • Break the lease and move out immediately if the dwelling is no longer habitable and the living conditions are unbearable. This can be considered a “constructive eviction” and in extreme cases, can be actionable.



Landlords obligations:
  • Make sure that the property meets minimum standards of health and safety (lighting, water, sanitation, ventilation, etc.)
  • Repair and maintain the interior and structure of the property to the standard it was in at the start of the tenancy
  • Repair and maintain the structure of the property
  • Reimburse tenants for any repairs they carry out which are the responsibility of the landlord
  • Ensure the tenant knows how to contact you (or your agent)
  • Give tenants at least a month’s notice for rent increases
  • Provide tenants with a valid notice of termination (in writing) if terminating the tenancy.
  • To follow the correct legal procedures if they want you to leave (illegal evictions can result in litigation)
  • Return deposits to the tenants (unless they have not paid the rent or have damaged the dwelling)

Landlord rights
  • Enter the premises with the tenant’s permission (usually you have to give 48 hours’ notice) OR without permission if there is an emergency
  • Give eviction notice at any time




REPAIRS
Landlord repairing responsibilities:
  • the structure and exterior of the property, including exterior paintwork, drains, gutters and external pipes;
  • the interior of the property other than matters covered under tenant responsibilities (see below);
  • any installations for the supply and use of water, gas, electricity and sanitation (including baths, sinks, wash-hand basins and toilets);
  • any appliances provided by the landlord under the tenancy for making use of the supply of water, gas or electricity;
  • any fixtures, fittings and furnishings provided by the landlord under the terms of the tenancy;
  • keeping in good repair any common areas or areas required for access;

Tenant repairing responsibilities:
  • making good any damage to the property caused by the behaviour or negligence of the tenant, members of his/her household or any other person lawfully visiting or living in the property
  • keeping the interior of the property in reasonable decorative order