Walters v Levons

• Jurisdiction: British Virgin Islands
• Court: High Court (British Virgin Islands)
• Judge: Joseph, Monica, J.
• Judgment Date: 21 January 1985
• Neutral Citation: VG 1985 HC 3
• Docket Number: Civil Suit no. 6 of 1983
• Date: 21 January 1985

High Court of Justice

Joseph, J

Civil Suit no. 6 of 1983

Walters

and

Levons

Appearances:-

Mr. J. S. Archibald, Q.C. and Mr. Farara for plaintiff.

Mr. E. Hewlett for defendant.

Real Property - Landlord and Tenant — Notice to Quit.

Real Property - Landlord and Tenant — Covenant to repair.

Facts: Plaintiff rented premises to the defendant at an annual rent payable monthly. The rent was payable in arrears on the last day of every month. The plaintiff claimed that the defendant failed to pay rent from February 1, 1982 and that in June 1983 he served the defendant with a written demand for unpaid rent and a notice to quit and deliver up premises on July 31, 1982. The defendant claimed that the plaintiff was in breach of his covenant to paint and repair. The defendant counter claimed for a sum spent on repairs he had carried out and for loss and damage.

Facts: Plaintiff rented premises to defendant at annual rent payable at monthly rate. Rent payable in arrears on last day of every month. Plaintiff claimed that defendant failed to pay rent from February 1, 1982 and that in June 1983 he served defendant with written demand for unpaid rent and a notice to quit and deliver up premises. Defendant claimed that plaintiff was in breach of his covenant to paint and repair. Defendant counterclaimed for sum spent on repairs he had carried out and for loss and damage.

Held: The tenancy was a yearly one and could only be determined by at least half a year's notice. The notices served the defendant were not valid. The plaintiff was in breach of covenant. The defendant was ordered to pay plaintiff rent and arrears of $22,400 and the plaintiff to pay the defendant $10,300 for breach and cost of repairs.

Held: Notices served on defendant not valid. Plaintiff in breach of covenant. Defendant to pay plaintiff rent and arrears of $11,400. Plaintiff to pay defendant $10,300 for breach and cost of repairs.

Joseph, Monica, J.

1 The plaintiff in a statement of claim filed on 22nd January, 1983, claims that he is the freehold owner and is entitled to possession of premises known as the Big Bamboo, registered as Parcel 275 of Block 4840 B in the Virgin Gorda South Registration Section, comprising approximately 0.63 of an acre of land and a two storey building.

2 By an agreement in 1979, he rented the premises to the defendant from month to month as a residence and for use as a commercial business at an initial rent of $400 per month, which by oral agreement was increased from January 1st, 1981, to $600.00 per month payable in arrears an the last day of each and every month.

3 The plaintiff claim that the defendant failed to pay the rent from February 1st, 1982, end thereafter and that in June, 1983, he served on the defendant a written demand for unpaid rent and a notice to quit and deliver up the promises, but the defendant failed to pay arrears of rent up to date of writ and refused to quit and deliver up the premises. The plaintiff seeks arrears of rent and means profit.

4 The defendant in a defence filed on February 26th, 1983, denies that there was an agreement as alleged by the plaintiff and that there was a failure to pay rent. The defendant admits that he is in occupation of the premises at Parcel 196 in Block 4840 B and claims that the plaintiff is in breach of the lessor's covenant to paint, repair and to keep the structural parts of the premises in good repair and condition as provided for in an agreement to lease, and consequently the defendant carried out the repairs and painting. The defendant counterclaims for the sum so expended, and for loss and damage.

5 At the date of trial, learned counsel for the plaintiff informed the court that possession was no longer an issue as the defendant had delivered up possession of the premises to the plaintiff.

6 The facts I find — in 1978, the defendant became tenant of a building on Virgin Gorda known as the Big Bamboo. The parties signed a document, the terms of which follow:-

7 (The lessor covenanted –

• (1) That prior to the entry into possession of the building hereby leased by the lessee the lessor will repair and repaint the same internally and externally and bring its services into good order and condition.

• (2) That during the said term and any extension thereof the lessor will keep all structural parts of the said building in good repair and condition and entirely suitable for the uses designated by the lessor.

• (3) That the lessee is granted the right to use the top floor of the said building as a guest house or rooming house and the bottom floor thereof as a restaurant bar and club.

• (4) That the lessee paying the aforesaid rent and performing and observing the covenants and restrictions on his part herein contained shall at any time prior to the end of the term be granted the option at his sole discretion of an extension of the year term by five years at the same rent and together with and subject to the same covenants and restrictions herein except this covenant for an option.

8 The lessee covenanted

• (1) (a) To pay the said rent on tine first day of every month in manner aforesaid without any deduction.

• (7) To preserve the premises in good order and condition fair wear and tear excepted.

• (10) Not to build or erect anything on the parcel.'

9 The agreed annual rental was $4,800.00 payable at the rate of $400.00 a month and tenancy commenced on 1st March, 1978.

10 The document setting...