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Author: site_admin

Martin George & Company > Articles posted by site_admin (Page 110)

REPLEVIN

Q: My Landlord changed the locks and doesn't want me to get my stuff. What can I do? A: Replevin is a remedy that enables a tenant to recover possession of goods, which have been illegally distrained. This is further elucidated in Sealandaire Ltd v Paul (1994) High Court, No 169 of 1994 The remedy consists of two parts: 1. the replevy, whereby the tenant obtains re-delivery of the goods; and 2. the action of replevin, in which the validity or otherwise of the distree is determined. Replevin is ONLY available where the distress was illegal, not where it was excessive or irregular. Illegal...

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IN TRINIDAD & TOBAGO LAW IS PRO-TENANT

Rents: Can landlord and tenant freely agree rents in Trinidad & Tobago? Furnished dwelling houses with a monthly rent of TT$1,000 (US$161.29) or less are subject to rent restriction. Unfurnished dwellings with a monthly rent of TT$1,500 (US$241.93) are likewise covered. Under the Rent Restriction Act, rent adjustments for covered dwelling houses are subject to the approval of Rent Assessment Board. Either the landlord or the tenant may apply for a review of rent. Every tenant and landlord, whether or not the dwelling house is covered by the Rent Restriction Act, is required to register with the Rent Assessment Board. The landlord...

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FILING FOR CHILD CUSTODY

Custody is a matter that arises mainly after a divorce or separation since most times there are children involved. For the court, the welfare of the child is the most important consideration as it involves placing the child under the care and control of an individual. Custody is not limited to children within a marriage but also to parents in common-law relationships and extends to parents who are not in a relationship. What is custody Custody is defined in the Family Law Act, Chap. 46:08 (the Act) as the right to possession and care of a minor. Legal custody means,...

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LANDLORDS: DO YOU KNOW YOUR RIGHTS?

A tenancy is a contractual relationship between two parties, namely a landlord and a tenant. The essence of a tenancy is a grant by the landlord to the tenant of ‘exclusive possession’ of a property together with an intention to create the relationship of landlord and tenant. Since the basis of the relationship is contractual, the rights of parties depend on the terms of the agreement. There are however certain rights and obligations which are part of all tenancy agreements or are implied by law. In this article, some of the usual rights and obligations of the landlord will be noted. •...

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HOW HUMAN RIGHTS ARE PROTECTED IN TRINIDAD & TOBAGO

The Constitution The Constitution of the Republic of Trinidad and Tobago is the supreme law of the land. Within this document is contained guaranteed protection of fundamental human rights and freedoms. The most important sections relating to the protection of human rights in the Constitution include: Section 4 (Declaration of Rights and Freedoms) Section 4 of the Constitution declares and recognizes the existence of basic fundamental human rights and freedoms, without discrimination by reason of race, origin, colour, religion or sex. It states: “It is hereby recognised and declared that in Trinidad and Tobago there have existed and shall continue to exist, without...

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RIGHTS OF EMPLOYEES IN TRINIDAD & TOBAGO

Workers in Trinidad and Tobago enjoy many legal rights. In this week’s article we look at some of these rights Minimum wage The Minimum Wages Act Chap. 88:04 provides for a national minimum wage for all workers generally. This minimum wage was recently increased, effective January 2015, to $15 per hour. Employees can report non-compliance by their employer to their trade union or the Minister of Labour. Health and safety Workers have often downed tools in dissatisfaction with workplace conditions. Under the Occupational Health and Safety Act Chap. 88:08 employers must provide a safe and healthy work environment, protective clothing and equipment at no...

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EXPLORING RELIGION & DISCRIMINATION IN THE WORKPLACE

In a multi-religious society like T&T it is useful for both employers and employees to know what circumstances may give rise to discrimination on the ground of religion in the workplace. Section 4 of the Constitution recognises and protects the fundamental human right of freedom of conscience and religious belief and observance without discrimination. The Equal Opportunity Act Chap. 22:03 provides further protection against discrimination in employment. Sections 8 to 10 of the Act provides, among other things, that an employer must not discriminate against an employee in the terms or conditions of employment or in the way the employer gives...

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HOW TO MAKE A WILL IN TRINIDAD & TOBAGO

Published in the Trinidad Guardian newspaper on Monday 9 February, 2015. A Standard Will may be defined as a revocable declaration, put into writing, stating what a person intends to happen to his property (real and personal) after his death. Simply put, it states to whom that person’s property, belongings and money goes to upon his death. The concept of a Will is simple and a person may be inclined to put this “declaration” in writing himself. However, the law sets out certain requirements which must be followed when one makes a Will. These requirements are specifically put in place to avoid...

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CHILD MAINTENENCE

Q. What is Child Maintenance? A. Maintenance is the payment of a lump sum or periodical payments of money for the minor child/children of the family. Maintenance payments include the cost of day-to-day living and general upkeep of the minor child/children. and can also include educational cost. It is usually paid by the parent who is without the main day-to-day care of the child (the non-resident parent), also called the payer, to the parent with the main day-to-day care (the parent with care) - called the payee. Parents may decide to have an arrangement for the payment of child maintenance between...

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INTESTACY: DYING WITHOUT A WILL

Q: What happens when someone dies without leaving a Will? A: A person dies intestate when he/she does not leave a Will or leaves a Will that is later found to be invalid. The rules of Intestacy in Trinidad and Tobago are governed by the Administration of Estates Act, Sections 23 - 31 and The Distribution of Estates Act, 2000. The estate (all possessions of the deceased) is divided according to the rules of Intestacy. Only married or civil partners and some other close relatives can inherit under the rules of intestacy. Parents, brothers and sisters and nieces and nephews of the intestate...

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