DID YOU KNOW ?
Termination of Leases
A lease or a tenancy can be terminated in any of the following ways:
3. Effluxion of time;
4. Notice to Quit; or
The issue of forfeiture would have been dealt with when we discussed breaches of the specific clauses in the lease. Once there is a material breach of a covenant on the part of the Tenant, the landlord is entitled to forfeit the lease and re-enter the premises.
Surrender takes place where the tenant gives up possession of the premises by delivery of the keys, and the landlord accepts it.
Effluxion of Time:
This is the simplest way that a lease can be terminated. Basically it means, once the agreed period in a fixed term lease has expired and no request has been made for an extension or a new lease by the tenant, the lease terminates automatically.
Notice to Quit:
A periodic tenancy is determinable by a proper notice to quit either by the landlord or the tenant. A notice to quit must be unconditional. There must be plain, unambiguous words claiming to determine the tenancy at a certain time. I am attaching a template of a Notice to Quit.
Two title documents which are critical for conducting financial transactions such as bank loans, mortgages are your (i). Certificate of Title to Property (for tenants of 30, 45, 60 or 99 year leases) and (ii). Lease Contract with e TecK. Keep these documents in a safe place.
Property Tax : Objections, Relief, Revaluations and Appeals
The property owner who is dissatisfied with the assessment of the Commissioner of Valuations, may within twenty-one (21) days next after the annual tax become due and payable, notify the Board in writing of his/her objection thereto.
As monthly paid tenants , your rent is due and payable on the first day of the month.
Annual Risk Assessment
Section 13A of the Trinidad and Tobago OSH Act 2004 as amended 2006 states that:
(1) Every employer shall make a suitable and sufficient annual assessment of –
(a) the risk to the safety and health of his employees to which they are exposed whilst they are at work; and
(b) the risk to the safety and health of persons not in his employment arising out of or in connection with the environmental impact of his undertaking, for the purpose of identifying what measures are necessary for compliance with Act and any other statutory provision.
This means that at the beginning of every year (or sooner, once a process changes or a new piece of equipment is introduced), a suitable management representative, in collaboration with the Safety representative and employee representative, should conduct a risk assessment exercise for the entire organization, inclusive of service personnel (such as janitorial staff and clerical workers, to ensure that pertinent risks are captured, control measures are identified and implemented, and loss is prevented. Also, be sure to interview staff members…their views and experiences are an invaluable component of conducting a suitable and sufficient assessment!
Remember that apart from being a statutory requirement, conducting an annual risk assessment exercise for you organization inculcates a positive health and safety culture within the organization, which translates into safer practices and less accidents (and possible lawsuits!)
Why not make January month the “risk assessment review month”!
Electrical Safety in the Work Place
Did you know that the installation and/use of air conditioning units, welding plants and decorative lighting (Christmas lights) can overload your electrical circuit and cause a fire?
For the period 2012 – 2016, the Trinidad and Tobago Fire Service has responded to 66 industrial incidents, 135 business incidents and 2471 residential incidents. While it is unclear regarding the nature of these incidents, it would be prudent for one to assume that incidents that were electrical in nature, attributed to these statistics.
The bottom line is that you should seek to protect your investment, as well as the safety of yourself and your employees in order to avoid loss, fatalities, unemployment and possibly a criminal and/or civil suit, by carrying out the necessary electrical checks with the electrical inspectorate every 5 years, and by following the Trinidad and Tobago Electricity Commission (TTEC) electrical safety tips.
Fire prevention in the Work Place
Part 11 section 8 of the TTOSH act 2004 as amended 2006 states:
“(2) An occupier of an industrial establishment employing twenty-five or more persons shall prepare or revise, in consultation with worker representatives in the industrial establishment –
(a) a written statement of his general policy with respect to the safety and health of persons employed in the industrial establishment, specifying the organization and arrangements for the time being in force for carrying out that policy and the provisions specified in subsection (1); and
(b) an emergency plan in writing based on a risk assessment made in accordance with section 13A which shall include –
(i) suitable and rapid means of obtaining first aid help and transportation from the industrial establishment to a hospital for injured workers; and
(ii) measures and procedures to be used to control a major fire, to react to serious damage to the industrial establishment, to evacuate the industrial establishment and to notify rescue personnel, and the occupier shall submit the statement or the emergency plan, as the case may be, and any revision thereof to the Chief Inspector and bring them to the notice of all persons employed in the industrial establishment.”
The Water Pollution Rules, 2001, (as amended) (WPR) is a piece of legislation generated under provisions of the Environmental Management Act Chapter 35:05, and implemented by the EMA on February 27, 2007.
The primary goal of the WPR is to get industries in Trinidad and Tobago to reduce the levels of water pollutants in their effluent (point-source discharges), thereby improving the overall quality of inland and coastal water resources.
There are two major processes under the WPR:
- Source Registration – which is the process whereby an application is processed to determine whether a facility releases or intends to release a water pollutant as identified in the First Schedule of the WPR. The registration process begins with facilities discharging water pollutants, submitting an application form and payment of a prescribed fee in accordance with the Registrations Schedule of the Water Pollution (Fees) (Amendment), 2006. Such entities include industrial, commercial, agricultural, institutional and sewage treatment facilities.
- Water Pollution Permitting – which is the process to control and reduce the volume and concentration of effluent to meet the permissible levels established in the Second Schedule of the WPR. A water pollution permit is a license for a facility to discharge certain types of water pollutants at certain concentrations from authorized discharge point/outfalls into a receiving water body under controlled conditions. Any entity who releases water pollutants other than the conditions or levels specified in the Second Schedule may be notified by the Authority to apply for a permit.”
Part VI, section 31 of the Trinidad and Tobago OSH Act, as amended 2006, mandates that “cleanliness” in an industrial establishment is treated with in the prescribed manner as follows:
“Every industrial establishment shall be kept clean and free from effluvia arising from any drain, sanitary convenience or other source, and, without prejudice to the generality of the foregoing provision –
(a) accumulations of dirt and refuse shall be removed daily, where practicable, by suitable methods from the floors, benches, furniture, furnishings and fittings of workrooms, and from the staircases and passages;
(b) the floors of every workroom shall be kept clean and properly maintained;
(c) effective means shall be provided, maintained and used to prevent the breeding of insects, rats, mice or other vermin; and
(d) effective means shall be provided and maintained for the draining of wet floors and yards, where necessary”
Each tenant is responsible for securing his/her premises. This is not a Landlord’s responsibility. The responsibility of the Landlord is with respect to the common areas.
Assignment of Your Property
Once consent has been granted for an assignment of your property that you are required to provide to eTecK with a registered copy of the Memorandum of Transfer failing which you will continue to be recognized by eTecK as the tenant on record and will be held liable for all matters related to the said property.
Factory Shell Tenants – monthly rent is due in equal monthly payments on the first day of each month without any deduction or set off.
Land Site Tenants – annual rent is payable on the anniversary date of your lease without any deduction or set off.
SENDING YOUR ISSUES AND CONCERNS
You can email your issues and concerns through e TecK Tenants’ Portal at www.eteckparks.com.
Go to the homepage, click on the ISSUES AND CONCERNS TAB , simply fill out the fields and finally click on Submit Request. You can even attach a file, photo or a video to assist us in assessing your issue even before a site visit.
Our helpdesk operators will be sure to provide you with a speedy response to your query.
SUBLETTING OR ASSIGNMENT
If a Tenant wishes to sublet and or assign his property, in accordance with the lease, permission must first be sought from the Landlord. The Tenant must formally write seeking this permission, attaching the company documents of the proposed assignee and/or sub-tenant with information on the nature of the business the new assignee and/or sub-tenant wishes to engage in. An internal assessment is done and once the Assignee and/or Sub-Tenant is a legitimate Company and the business is in keeping with e TecK’s mandate, permission would be given, providing that there are no current breaches and/or arrears by the Tenant.
e TecK will continue to recognize the assignor until such time as a registered Memorandum of Transfer is received and the assignor will be responsible for all matters related to the tenancy
Contact our Tenants’ Hotline at 1-868-224-1970 for further information.