Ex-Government minister, Denis Kellman, has been ordered by a High Court judge to pay his former landlord, Ralph Bowen, $363 217.16 for the premises he occupied, Moontown, at Half Moon Fort, St Lucy, which became a popular bar/ supermarket.
Judge Shona Griffith delivered a decision last March awarding Bowen the sums of money representing arrears of rent, mesne profits, (of an estate received by a tenant in wrongful possession and recoverable by the landlord), prejudgement interest on arrears of rent and post-judgement interest on the total of arrears of rent and mesne profits at the rate of six per cent per annum from the
date of judgement until payment.
On Kellman’s counterclaim for $227 586.70 which he said was arrived from an agreement between him and the landlord for compensation for any alterations or additions to the property, this was rejected by the judge who found that Kellman failed to prove his counterclaim for improvements carried out on the premises.
“The defendant’s counterclaim as pleaded, therefore fails in its entirety.”
The case for rental arrears was brought by the landlord against Kellman and his company, St Elmo’s Enterprises Inc.
The Sunday Sun understands that Kellman, who was Minister of Housing under the last Democratic Labour Party Government, is appealing the decision.
On Friday when a team visited him at his business next door to the site owned by his former landlord, Kellman confirmed the appeal and said he could not speak on the matter.
However, he gave himself credit for putting Moontown on the map, adding that through the operation of his business he achieved community tourism.
“That is what I really wanted,” Kellman said, as he referenced physical developments which took place and are also underway in the environs.
In the judgment, Justice Griffith examined Arrears of Rent Landlord and Tenant (Registration of Tenancies) Act, Cap. 230A, the effect of non-registration of tenancy; the counterclaim for value of improvements and the claim for rental arrears and mesne profits.
She noted that Kellman did not dispute owing rent, but counterclaimed for the value of improvements carried out to the premises, in the sum of $227 586.70. However, she noted that Bowen denied giving permission for any alterations or improvements to his premises, or to compensate the defendants for any such improvements as claimed.
The judge also noted that at the time of the claim for rental arrears made by Bowen, there were a few “technical issues”, as she noted that at the time Bowen filed his claim in August 2018, he had issued notice to Kellman to deliver up possession of the premises on July 11, 2018, to expire on December 31, 2019 and that he had pleaded his entitlement to mesne profits from the date of service of the notice, when the tenancy had not yet determined.
Rejected
In relation to the issue surrounding landlord and tenant (Registration of Tenancies) Act, where it was claimed by the defendant that the rental premises was not registered, the judge rejected this as well.
“This court stands by its decision in Lionel Lashley v Marvia Trotman that a landlord is not barred from recovering arrears of rent owed where the tenancy is not registered. In this case, the claimant registered the tenancy after these proceedings began (a certificate of registration was issued in October 2020). As stated in the above case, the contract itself is not illegal and the purpose of the statutory provisions are in aid of revenue collection, as opposed to a prohibition of the activity based on public policy.”
“The defendant provided no supporting documentation in respect of any improvements made stubs; no plans; no photographs; none of the 28 service providers listed in the defence gave evidence of having provided services. The defendant’s claim for $227 586.70 was entirely unsupported and based on his assertion of what was done, what he spent and a general assertion of when it was done no receipts; no invoices; no estimates; no cheque. In addition to this counterclaim, the defendant pleaded reliance on Sections 3 and 11 of the Landlord and Tenant (Registration of Tenancies) Act, the claimant’s case is easily determined. The amount of rent payable (from 2007) was not in dispute.”
Attorney Alicia Archer appeared for Bowen, while Senior Counsel Hal Gollop in association with Neil Marshall, represented Kellman. (MB)
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