ST KITTS & NEVIS Law and Practice Contributed by: Dahlia Joseph Rowe and Daisy Joseph Andall, Joseph Rowe, Attorneys-at-Law
powers (COVID-19) regulations (at the time of writing, No 16 is in force) that provide extensive safety measures and protocols for residences, offices, retail and hotels to follow. Subject to the regulations, real estate accessible to the pub - lic ought to have measures in place to ensure that hygiene, distancing and other protocols are followed. Additionally, the number of persons allowed to frequent the premises at one time has been restricted. 6.15 Effect of the Tenant’s Insolvency If the tenant is insolvent and owes rent, the land - lord would be an unsecured creditor entitled to share in the assets of the tenant with other unse- cured creditors pari passu. 6.16 Forms of Security to Protect Against a Failure of the Tenant to Meet Its Obligations In accordance with the Rent Restriction Act, the landlord is precluded from charging any premium, fine or other additional amount other than rent as a condition to the granting, con - tinuance or renewal of a tenancy. The landlord’s only recourse in relation to a breach of a ten - ant’s obligations is to serve notice on the tenant, where the Act so allows, and/or institute legal proceedings against the tenant with respect to any damages arising out of the tenant’s failure to meet obligations. As a practical matter, at the commencement of the tenancy, a landlord can negotiate for and secure first and last month’s rent and/or a refundable security deposit. 6.17 Right to Occupy After Termination or Expiry of a Lease A tenant does not have a right to continue to occupy the rented premises after the expiry or termination of a fixed-term commercial lease.
Tenants can continue to occupy the premises after the expiry of the date set out in an ordi - nary lease if they exercise an option to renew the lease, or if they pay for the additional time that they remain in the premises, normally on a month-to-month basis until another agreement is made or the tenant is evicted by the court. It is open to landlords to exercise any of the fol - lowing options if they require a tenant to vacate premises: • serve a notice to quit on the tenant; • apply to the court for recovery of possession of the premises if the tenant does not leave on the date originally agreed or demanded; and/or • apply to the court for the recovery of the additional rent (also known as mesne profit) for the period the tenant occupied the prem - ises after the expiry of the lease. 6.18 Right to Assign a Leasehold Interest A tenant may assign its leasehold interest if the terms of the lease permit. A clause allowing a tenant to sublet or assign a property would normally include the following: • a requirement that the tenant give notice to the landlord in writing or request the land - lord’s permission to sublet or assign the property; • a condition that the main tenant ensures that all the terms, obligations and covenants outlined in the lease are complied with by the person to whom the lease is assigned or underlet; and • a term indicating that the act of assigning or subletting does not affect the landlord’s right of re-entry or right to forfeit the lease or serve
890 CHAMBERS.COM
Powered by FlippingBook