BermudaSte
New Member
Hi,
I work in Bermuda, I have an issue with my now ex landlord. We have rent control in Bermuda and my apartment came under the rent control act 1978, or so I am lead to believe; however, my landlord's lawyer is stating that the act isn't applicable under Section 3, Part 2, Point g, which states:-
Application
3 (1) Save as otherwise provided in this section this Act shall apply
to every domestic tenancy existing on 1 July 1978, or which may
thereafter subsist, and notwithstanding any provision in such tenancy,
including any provision purporting generally or specifically to exclude
this Act.
(2) This Act shall not apply to the following —
(g) a tenancy for a fixed term not exceeding twelve months
of a house in which the landlord ordinarily resides,
during the temporary absence from Bermuda of the
landlord.
Now my landlord was away on 3 or 4 occasions for three months during a 20 month period, he was also living elsewhere when he was back in Bermuda, he's in the phone book there. When I told him I was vacating the apartment he was just about to leave the country again and so he did, but upon his return he moved right back into my now vacant apartment.
I have two twelve month leases (I left the second six months through), which may actually be illegal as they have no government stamp on them and were never registered with rent control. But if they are legal then the first one ran for twelve months and I never signed the second one until the two months and 20 days after the first expired, the lease says it converts to a month to month. The second lease was pre-dated by 10 days when I signed it; however, there is no date next to the signatures, but I can prove the signature date. I vacated with one months notice six moths through my second lease.
So, who can give me arguements for and against this matter and better still give me an honest opinion of how I stand in court, it has passed the summons stage and is on its way to trial, but either way I'd rather settle this out ouf court if possible (how do I stop that now?) and would appreciate the advice on how to contact his lawyer, what can I ask her to provide as she only stated the act and never explained why it was applicable in his case. How do I bargain if I'm right and what's the worst and best scenario...for fun!
P.S. Anyone know of a good lawyer in Bermuda who is willing to help a school teacher out for a decent price?
I work in Bermuda, I have an issue with my now ex landlord. We have rent control in Bermuda and my apartment came under the rent control act 1978, or so I am lead to believe; however, my landlord's lawyer is stating that the act isn't applicable under Section 3, Part 2, Point g, which states:-
Application
3 (1) Save as otherwise provided in this section this Act shall apply
to every domestic tenancy existing on 1 July 1978, or which may
thereafter subsist, and notwithstanding any provision in such tenancy,
including any provision purporting generally or specifically to exclude
this Act.
(2) This Act shall not apply to the following —
(g) a tenancy for a fixed term not exceeding twelve months
of a house in which the landlord ordinarily resides,
during the temporary absence from Bermuda of the
landlord.
Now my landlord was away on 3 or 4 occasions for three months during a 20 month period, he was also living elsewhere when he was back in Bermuda, he's in the phone book there. When I told him I was vacating the apartment he was just about to leave the country again and so he did, but upon his return he moved right back into my now vacant apartment.
I have two twelve month leases (I left the second six months through), which may actually be illegal as they have no government stamp on them and were never registered with rent control. But if they are legal then the first one ran for twelve months and I never signed the second one until the two months and 20 days after the first expired, the lease says it converts to a month to month. The second lease was pre-dated by 10 days when I signed it; however, there is no date next to the signatures, but I can prove the signature date. I vacated with one months notice six moths through my second lease.
So, who can give me arguements for and against this matter and better still give me an honest opinion of how I stand in court, it has passed the summons stage and is on its way to trial, but either way I'd rather settle this out ouf court if possible (how do I stop that now?) and would appreciate the advice on how to contact his lawyer, what can I ask her to provide as she only stated the act and never explained why it was applicable in his case. How do I bargain if I'm right and what's the worst and best scenario...for fun!
P.S. Anyone know of a good lawyer in Bermuda who is willing to help a school teacher out for a decent price?
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