A company connected to businessman and restaurateur Peter George Jr has been ordered to pay over $175,000 in compensation to a former landlord.
High Court Judge Ricky Rahim ordered the compensation Wednesday as he upheld a lawsuit brought by Earl Brewster against his former tenant Trinidad Entertainment Restaurants and Promotions Limited.
The lawsuit centred around the lease for Brewster’s property at Maraval Road in Newtown.
In 2015, Brewster and the company signed a five-year lease for the property.
Brewster claimed that before the lease was due to expire, the company requested a renewal.
He claimed that he proposed terms in writing and a second lease was entered into in September 2020.
He claimed that the company was affected by restrictions during the COVID-19 pandemic and failed to pay its monthly rent for May 2021.
Brewster claimed that he agreed to accept half of the rent for that month.
The following month, the company wrote to Brewster informing him of its intention to vacate the property and that he could keep its security deposit to cover the last month of occupation.
Brewster filed the case alleging that the company breached the terms of the second lease by failing to give proper notice.
He claimed that he was entitled to $33,750 in rent for June 2021 as well as $101,250, which represents three months’ rent under the termination clause of the lease.
He also contended that the company caused $64,836 in damage to the property and left an unpaid $1422 water bill.
The company rejected claims of any wrongdoing as it denied the existence of the renewed lease and claimed that it had a month-to-month arrangement with Brewster after its initial lease expired.
It also claimed that Brewster had promised to perform repairs on the building but failed to do so. It denied that it damaged the building and claimed that it spent over $400,000 in renovating it.
However, it accepted that it owed the outstanding water bill.
In deciding the case, Justice Rahim ruled that a valid second lease for the property existed, one that was not dependent on Brewster conducting repairs, as contended by the company.
He referred to correspondence sent by the company in November 2020 in which it (the company) appeared to raise the issue of the repairs for the first time.
“It is more likely than not, therefore, that the allegation of repairs being requested and an agreement that it be done as a precondition to the effective date of the agreement was a fabrication based on the November 2, 2020 letter,” Justice Rahim said.
Justice Rahim also rejected the company’s complaint over Brewster misrepresenting that he witnessed George sign the second lease.
Stating that a court is free to accept some evidence from a witness but reject other aspects, Justice Rahim said: “Although he has at the highest told an untruth and at the lowest attempted to fill a gap in circumstances which he may not have remembered, it is clear that the weight of the evidence lies with his credibility on the issue of the execution of the agreement in so far as George admitted to signing same in any event.”
Justice Rahim also found that the company was wrong to have broken the lease without giving proper notice under it.
He also ruled that it was liable for the damage to the property claimed by Brewster.
“It is clear to the court that a considerable amount of damage was done to the premises upon departure,” he said.
Justice Rahim ordered the compensation claimed by Brewster less the $30,000 security deposit he retained.
The company was also ordered to pay Brewster’s legal costs for the lawsuit.
Brewster was represented by Bryan McCutcheon, and Marcelle Ferdinand.