ST KITTS & NEVIS Law and Practice Contributed by: Dahlia Joseph Rowe and Daisy Joseph Andall, Joseph Rowe, Attorneys-at-Law
Notwithstanding the aforementioned provisions, a court can make an order forcefully evicting a tenant from the premises if it considers it rea - sonable to make such an order based on the circumstances of the case. There have been no amendments to the leg - islation that alter the position that existed with respect to leases prior to the coronavirus pan - demic. 6.22 Termination by a Third Party A lease can effectually be terminated by the government of St Christopher and Nevis or the Nevis Island Administration if the property leased is compulsorily acquired by the government pur - suant to the St Kitts and Nevis Land Acquisition Act or the Nevis Land Acquisition Ordinance. If the governor general considers that the prop - erty should be acquired for a public purpose, he or she may, with the approval of the National Assembly, cause a declaration to that effect to be made by the secretary to the Cabinet. The declaration will then be published in two ordinary issues of the gazette (or newspaper, in the case of Nevis) and copies thereof shall be posted on one of the buildings or exhibited at suitable plac - es in the locality in which the property is situated. Upon the second publication, the land shall vest in the Crown. If any land shall be comprised in a lease for a term of years unexpired and part only of such land shall be acquired compulsorily, the rent payable in respect of the land comprised in such lease may, on the application of the lessor or the lessee to a judge of the High Court, be apportioned between the land acquired and the residue of the land.
After such apportionment, the lessee shall, as to all future accruing rent, be liable to pay only so much of the rent as shall be so apportioned in respect of the residue of the land, and as against the lessee. The lessor shall have all the same rights and remedies for the recovery of such portion of the rent that was held prior to such apportionment. All the covenants, conditions and agreements of such lease, except as to the amount of rent to be paid, shall remain in force with regard to the residue of the land in the same manner as they would have done if the residue of the land only had been included in the lease. Where it is shown that the compulsory acquisi - tion of a portion of land comprised in a lease has rendered the residue unsuitable for the purpose for which the land was leased or where in the circumstances the said court considers it just so to do, the court may rescind the lease alto - gether, and in such case, the lessee shall only be liable to pay the rent due at the date of the occurrence of the circumstances on which the rescission order is based. Where, as the result of such rescission of lease, the lessor or lessee suffers any loss or injury, he or she shall be entitled to compensation by the government. 6.23 Remedies/Damages for Breach In the event of a tenant breach and termination of the lease, there are no statutory or other cus - tomary limitations on damages that a landlord may collect. The landlord may pursue remedies other than charging the remaining rent and evict - ing the tenant if the circumstances of the case form the basis for seeking any other remedies. Landlords would typically hold a security deposit that is at least equivalent to one month’s rent, which is customarily applied to repair any dam -
893 CHAMBERS.COM
Powered by FlippingBook