Issue link: https://maltatoday.uberflip.com/i/1335208
maltatoday | SUNDAY • 31 JANUARY 2021 15 A lease of a commercial premises will be terminated if it is not be- ing made use of. This was held in a Rent Regulation Board decision delivered on 27 January 2021 in Eamon Grixti et -v- Ronald John et. Grixti filed an application be- fore the Rent Regulation Board explaining that he and other family members are owners of two properties used as a bar in Bugibba. These two properties were rented separately in 2003 and 2004, but later joined as one bar. In 2009 the lease was then terminated and then giv- en to the defendants. The lease was for 15 years, which may be extended for a further 15 years. One of the conditions of the lease agreement was that the property had to be used as a bar and that the defendants were personally responsible for the licences. Grixti complained that the property is now closed and abandoned and therefore, asked the Board to order the defend- ants to vacate the premises. John contested these claims and held that the property was always used as a bar. The Board presided by Mag- istrate Dr Josette Demicoli an- alysed the evidence brought before it, but criticized the ap- plicants, Grixti, did not present a copy of the lease agreement. Grixti had told the Board that although he had never entered the bar in question, saw that there were tables and chairs outside the property, but today are no longer there, because the authorities ordered their re- moval. His son testified that the bar has been closed since Sum- mer of 2016 and lives above the bar. Because the property is abandoned, it is causing dam- age to his residence. He denied that the defendants had asked his family to apply for tables and chairs to be allowed. The person who took care of the bar, in the absence of the defendants who lived in the UK, held in 2018 that the bar was closed for three years pre- vious to 2018. The defendants testified by means of an affida- vit told the Board that they had problems with the owners be- cause they wanted a higher rent, which they rejected. They also had problems with the drain- age of the property and the part where they placed tables and chairs was dug up. They also had plans to renovate the prop- erty and showed the plans to the son, but instead of receiving a reply, they received this case. The defendants returned to the UK in 2010, but left the pub in the hands of another, but fre- quently came to Malta. The Board in its decision, held that although it does not have a copy of the lease agreement, it was proved that this did exist, but could not comment wheth- er there was any breach of the conditions. Saying this the Arti- cle 1555 of the Civil Code reads: "If the lessee uses the thing leased for any purpose other than that agreed upon by the parties, or as presumed in the previous article, or in a manner which may prejudice the lessor, the less or may, according to circumstances, demand the dis- solution of the contract" Therefore, the non-use of the property is interpreted to be the wrongful use of the prop- erty rented. This is the case in this particular bar in Bugibba. The accumulation of evidence shows that the bar was no used for a considerable time. The Board then moved to uphold the applicants request and ordered the defendants to vacate the premises within a month. LAW CLASSIFIEDS CLASSIFIEDS INFO @MEDIATODAY.COM.MT Commercial leased properties must be made use of HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with mag- nificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other com- mercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE OZOMALTA Ltd – we are seeking to recruit individuals to work as Food & Beverage Attendants. The chosen can- didates should speak and write fluently in English. To apply send a detailed CV to careers@ozogroup.com. BUILDING ENERGY TECHNOLOGIES LTD – located in San Gwann, has job positions for General labourers & General Construction Cleaners in roads construction. Applicants must have experience, fluently speak English and other languages. Hourly rate Eur4.50. Interested applicants may send e-mail to: secretary@a-plusplus.eu. CASHIER / GENERAL ATTENDANT - Tikka Thai Street Food of Naxxar are seeking the immediate employment, on a part-time basis, of a person with knowledge of Thai cuisine, to work as a cashier and to also assist in general res- taurant duties, for example explaining to customers the ingredients of dishes offered. Although no particular qualifi- cations are required, the ideal candidate must be fluent in written and spoken Thai and English, must also demon- strate sound knowledge of Thai tradi- tions and Thai cuisine. Experience in a similar position would be considered an asset. The candidate must also have a clean criminal record. The duties of the chosen candidate will include handling sales, assisting patrons with queries, helping as necessary in the restaurant (not cooking). A salary of €400 per month is being offered to the suitable candidate. Interested candidates are to send their cv by email to piak@onvol. net with the words "Cashier/general attendant" as the subject, by not later than Friday 5th February 2021. CHEF - Padthai Kitchen (Jungle Joy) of Gzira is seeking the immediate employ- ment, on a full-time basis, of a Thai Food Chef. His/her duties will include choosing the right ingredients on the market, food preparation, and cook- ing of authentic Thai dishes. The ide- al candidate should be in possession of the appropriate catering qualifica- tions. In the absence of qualifications, a minimum of five years' experience is required, in a similar Thai restaurant working as a Chef. A salary of €9,600 per annum is being offered to the suita- ble candidate. Interested persons are to send their cv by email to piak@onvol. net with the word "Chef " as the subject, by not later than 5th February 2021. CLEANER – TP Carparks require an experienced cleaner. The applicant must have 3 years experience and possess a good level of spoken and written English. You must be flexible, hard- working & self-motivated, previous experience will be considered an asset. Be highly professional with a pro-active approach. Be a team-player willing to work in a rapidly changing and dynamic environment. Interested individuals can apply by email: christian.miggiani@dte- malta.com or call on: (356) 99995034. KITCHEN HELPER - Padthai Kitchen (Jungle Joy) of Gzira is seeking the immediate employment, on a full-time basis, of a kitchen helper. His/her duties will include cutting of vegetables, meat, fish and any other ingredients for the Chef, packing of ready dishes prepared by the Chef for customers, washing up of kitchen utensils, and helping in gen- eral (not cooking). Although no par- ticular qualifications are required, the ideal candidate must be fluent in writ- ten and spoken Thai and English and must also demonstrate sound knowl- edge of Thai traditions and Thai cui- sine. Experience in a similar position would be considered an asset. The can- didate must also have a clean criminal record. A salary of €800 per month is being offered to the suitable candidate. Interested candidates are to send their cv by email to piak@onvol.net with the words "Kitchen helper" as the subject, by not later than Friday 5th February 2021. LABOURERS - OZOMALTA is seeking to recruit individuals to work as labour- ers. The chosen candidates must be able to speak and write fluently in English. Kindly apply by sending a detailed CV to careers@ozogroup.com OASIS TRAVEL AND TOURISM - we are seeking to recruit staff for delivery drivers and AC Technicians. Kindly send your CV to philip@citysightsee- ing.com.mt OZOMALTA – we are seeking to recruit an individual to work as a supervisor in our commercial domestic department. The chosen candidate should speak and write fluently in English. To apply send a detailed CV to careers@ozogroup.com SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Customer Care Clerks, Security Guards, security for places of entertainment and clean- ers. Applicants should be customer care orientated, smart and flexible for shift work. Email your CV to hr@signal8se- curitymalta.com.mt SMART MANAGEMENT SERVICE LTD – located in Swieqi we are looking for: chefs, chef assistant, butcher, head waiters, shop assistant, kitchen helpers, electricians, caregiver, cashier, delivery- man. Interesting candidates must have a minimum of 3/5 years of working expe- rience, must work shifts day and night and flexible working hours. Please kind- ly send us your CV and covering let- ter at info@smartmanagementservice. com.mt SPA THERAPIST - Required for a bou- tique hotel. Full time hours including weekends and public holidays. Must be flexible with hours. At least 5 years' experience in a similar post. Must be specialised in colonic irrigation. For more info please call Village Concept on 99885352. VACANCY - we are looking for a hard-working person to work in an ICE Factory in temperatures of -30 degrees Celsius. Minimum wage from Monday to Sunday with 2 days off. If you are interested, please contact owner on: sales@godwinsdiamondice.com IBESEEN MALTA Ltd - we have vacan- cies for waiters, cleaners and help- ers in offices, hotels, hostels, guest houses and other establishments, for Security Officers and for Construction Labourers. Applicants must have mini- mum of two / three years' experience. Fluently speaking English and other languages. Hourly rate from Eur4.53 / Eur5.50. Interested applicants may send email to secretary@a-plusplus.eu WANTED COLLECTIBLE items such panini albums and loose stickers, old postcards and posted envelopes, medals, militar- ia, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632 LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates