Court awards landlord $1.5m for unpaid rent

LA Romaine landlord who leased his building to the Education Ministry in 2012, after doing substantial customisation work at the request of the ministry, has been awarded compensation for unpaid rent.

A Master of the High Court ordered the State to pay Azim Ishmael a total of $1.5 million for unpaid rent for June 2012-June 2015.

Judgment in Ishmael’s favour was granted by Justice Carol Gobin in February 2017, after the State failed to comply with the court’s orders. She also ordered damages to be assessed by a Master of the High Court.

In her assessment, Master Sherlanne Pierre ordered the State to compensate Ishamael with $1.5 million for unpaid rent, interest and costs.

In his claim, filed in 2016, Ishamael said the ministry had expressed interest in renting his property at 404 Southern Main Road, La Romaine, for St Patrick school district offices. After negotiations, the monthly rental value was put at approximately $99,000 a month, which was agreed to by the ministry.

Ishmael said he completed all the customisation in May 2012 and the keys were handed over to the ministry, which took possession of the building.

Ishmael said approximately 16 months after taking possession, the Ministry of Housing’s property and real estate department ordered a valuation, and the valuation report put the property’s rental value at $54,000. Ishmael said he agreed to the lower rent, but around May 21, 2014, he received a letter from the Education Ministry saying it had decided to vacate the property and return the keys. His claim also said it was agreed that he should be paid 22 months’ rent at $54,000 a month for June 2012-February 2014 or until the keys were returned.

Ishmael said the keys were only returned in September 2014, some 28 months after the ministry took possession of the property.

In his claim, Ishmael, who was represented by Anand Ramlogan,SC, alleged breach of contract and he said he has suffered losses because of the non-payment of rent. He said he was forced to borrow money to cover personal expenses and suffered grave embarrassment because of it. He also said his wife’s car was repossessed and all their credit cards were cancelled, causing irreparable damage to his credit rating.

He also said he suffered stress and had to be hospitalised because the ministry did not settle the rent, and also had to sell property he had in Boston in the United States to cover debts incurredas a result.

According to his claim, Ishmael was seeking damages for breach of contract as well as $2.6 million in special damages.

The State was represented by Sean Julien and Josefina Baptiste-Mohammed at the assessment hearing.