Issue link: https://maltatoday.uberflip.com/i/1448619
maltatoday | SUNDAY • 6 FEBRUARY 2022 15 LAW CLASSIFIEDS HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apartments for short or long lets with magnificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other commercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE SAN GWANN - Close to all amen- ities and located in the commercial district is this 3 storey OFFICE BUILD-ING. Presently arranged in open plan layout on each floor, complimenting this there are a number meeting rooms. Each floor has a balcony and toilet facilities, with the 3rd floor having a front terrace overlooking the main street and the back balcony with coun- try views. Although the property is currently being used as offices, there is the possibility of convert- ing to two apartments and a pent- house with terrace. The proper-ty is being offered freehold. Asking price: €760,000. Call on:79899838. SAN GWANN- Open plan 190sqm, ready to move into designer fin- ished second floor apartment in a cen-tral quiet street forming part of a block of 5 apartments. Two double A/C bedrooms and 1 sin- gle A/C bed-room, two bathrooms, lift, double glazing doors and win- dows. Direct from owner €350k inquire on 79402244. TARXIEN - Larger than usual first floor duplex maisonette. Three bedrooms; double glazed windows; in-verter air conditioners including solar water heater. Being sold fur- nished. Own airspace with possibil- ity of further development. Contact owner on 99912005/99450639. SERVICES NEWSPAPER adverts - Book & pay on-line on www.perfecta.com. mt - no extra charges. Call on 21322452 SITUATIONS VACANT FOOD KINGDOM LTD - located in Balluta St Julians has vacancies for an ASIAN FOOD CHEF to work full time 6 days a week with one day off, must be able to work on Sundays & Public holidays. Also required is a full time and a wait- er/waitress. Call on 99504694 / 27833888 for further information. JUFU ASIAN RESTAURANT – we are seeking to employ a cleaner, waiter/waitress, Asian food chef & a restaurant manager. A minimum of 3 years' experience is essen- tial. Contact 99027608 or email on: huxi-huan88@hotmail.com LIVE-IN CARER - We are seek- ing to recruit a live-in carer, who will be employed on a full-time basis to take care of an elderly cou- ple. Candidates must speak flu- ent English and/or Maltese; be in possession of a Carer Certificate (Level 3 MQF or the equivalent); and have 3 or more years of expe- rience as a home-based carer. The selected candidate will be required to provide care and help in dai- ly activities, including: shopping, cooking, daily cleaning, assistance with personal care and hygiene, and administration of medi-cati- on. Salary offered will be between 12,000 and 14,500€ per annum, depending on experience. Appli- cants are to submit a letter of appli- cation by email addressed to Victor Caruana Colombo c/o camil-leri. katrine@gmail.com, of 67, Depiro Street, Sliema, with a recent police conduct certificate, Curriculum Vitae, and the names and contact details of two referees by not later than 7th February 2022. ROOM ATTENDANT - required to work in a luxury boutique in Naxxar. Full time, flexible hours on a roster system. Must be fluent in English. Call The Village Hotel Ltd on 99885352 for more info SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Customer Care Clerks, Security Guards, security for places of enter- tainment and cleaners. Applicants should be customer care orien- tated, smart and flexible for shift work. Email your CV to hr@sig- nal8securitymalta.com.mt THAI FOOD CHEF - Padthai Express of Paola is seeking the immediate employment on a full- time basis of a Thai Food Chef. His/ her duties will include choosing the right ingredients on the market, food prepara-tion, and cooking of authentic Thai Food dishes. The ideal candidate should be in pos- session of the appro-priate cater- ing qualifications. In the absence of qualification, a minimum of five years' experience is re-quired, in similar Thai restaurant working as a Chef. A salary of €9,600 per annum is being offered to the suit- able candidate. Interested persons are to send their CV by email to padthaikitchen.malta@gmail.com with the words "Thai Food Chef " as the subject, by not later than Sunday 13th February 2022 VACANCY - we are looking for a hard-working person to work in an ICE Factory in temperatures of -30 de-grees Celsius. Minimum wage from Monday to Sunday with 2 days off. If you are interested, please con-tact owner on: sales@ godwinsdiamondice.com WANTED COLLECTIBLE items such panini albums and loose stickers, old post- cards and posted envelopes, med- als, militaria, coins and paper mon- ey, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632. A landlord may not claim the rent for the full di fermo pe- riod if the same landlord had rented the property to a third party after the tenant vacated the premises. This was held in Gismond Attard -v- Yog.Art Catering Limited a judgement delivered by the Rent Regula- tion Board presided by Magis- trate Dr Josette Demicoli on 31 January 2022. The landlord filed an appli- cation stating that he rented a shop in St Julians to the De- fendant company for ten years. The first three years were di fer- mo up to March 2017. Howev- er, a few months after the lease started the Defendant company informed the Applicant that it could not continue rented the property. The Applicant did not accept the keys of the prop- erty and the Defendant com- pany deposited them in court. The Applicant, Attard, claimed that he is owed €63,387.50, together with €2676.35 repre- senting a pending ARMS bill. The company defended itself by stating that it had a good and legal reason why it should have terminated the lease agreement and anyhow, the Applicant had rented the premises to a third party shortly after. The director of the compa- ny testified and told the Board that the company was selling frozen yoghurt from this shop, however, the business was not doing well and ran into finan- cial difficulties. The company's accountant pointed out that the company was insolvent. He received legal advice not to continue trade if the company is insolvent. The company ar- gued in its submissions that the directors have a legal responsi- bility not to trade if they know that the company cannot pay its bills. The Board held that there was no evidence of insolvency of the company, apart from the director's affidavit. The Board commented that even though the company is insolvent, it is obvious that the company did not make the proper calcula- tions when it entered into the lease agreement. Although it could have been the correct de- cision, the landlord should not pay for this miscalculation. The Board then dealt with whether there were any con- sequences when the land- lord rented the property to third parties and whether this amounts to renunciation of the lease agreement. The Boarded quoted from a Superior Court judgement Mary Ciantar -v- Ladislao Giuseppe Micolucci et decided on 27 April 2010. Renunciation of a right has a number of elements. The first is that right may be retained. The renunciation has to be spe- cific and not general and that it must reflect the precise wish of who is renunicating his or her right. In this case quoted, the landlord had accepted the return of the keys of the prop- erty rented and therefore the renunciation was proved. In this case, the Defendant company had informed Attard that it cannot continue rented the shop and Attard did not accept the return of the keys. Here the Board held that the company failed to observe the lease agreement and was in breach. However, when Attard accepted to rent the same shop to a third party, it is evident that he took possession of the shop. He presented a copy of the new lease agreement with the third party, which was dated 16 February 2015. The Board considered that day as the day that the lease with the company was terminated. The Board then calculated the pending rent due and this amounted to Euro 9,720. Nei- ther could the Board concern whether there were damag- es because the Applicant had rented the property to a third party. Together with this sum, another €2,676.35 which rep- resents the pending utility bills. However, the company had paid €16,000 as a depos- it and therefore, the total sum of €12,396.35 should be paid through the deposit. Landlord cannot claim full di fermo period if property is rented to third party LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates CLASSIFIEDS INFO @MEDIATODAY.COM.MT