Issue link: https://maltatoday.uberflip.com/i/1484591
maltatoday | SUNDAY • 20 NOVEMBER 2022 15 LAW CLASSIFIEDS 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 SAN GWANN- Open plan 190sqm, ready to move into designer finished second floor apartment in a central quiet street forming part of a block of 5 apart- ments. Two double A/C bedrooms and 1 single A/C bedroom, two bathrooms, lift, double glazing doors and windows. Direct from owner €350k inquire on 79402244. TARXIEN - Larger than usual first floor duplex maisonette. Three bedrooms; double glazed windows; inverter air conditioners including solar water heat- er. Being sold furnished. Own airspace with possibility of further development. Contact owner on 99912005/99450639. SERVICES 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. SITUATIONS VACANT CASHIER - Padthai Kitchen Malta Ltd. are seeking the immediate employment on a full-time basis of a person with knowledge of Thai Cuisine to work as a cashier and to assist in general restaurant duties, for example explaining to cus- tomers the ingredients of dishes offered. Although no particular qualifications are required, the ideal candidate must be fluent in written and spoken Thai and English, must also demonstrate sound knowledge of Thai traditional and Thai cuisine. Experience in a similar posi- tion would be considered an asset. The candidate must also have a clean crim- inal record. The duties of the chosen candidate will include handling sales, assisting patrons with queries, helping as necessary in the restaurant (not cook- ing). The salary of €5.00 per hour is being offered to the suitable candidate. Interested candidates are to send their CV by email to padthaikitchen.malta@ gmail.com with the word 'Cashier' as the subject by not later than Wednesday 30 November 2022. CASHIER - Tikkas (Thai Street Food) of Naxxar are seeking the immediate employment on a full-time basis of a per- son with knowledge of Thai Cuisine to work as a cashier and to assist in general restaurant 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 demonstrate sound knowledge of Thai traditional 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 cook- ing). The salary of €5.00 per hour is being offered to the suitable candidate. Interested candidates are to send their CV by email to padthaikitchen.malta@ gmail.com with the word 'Cashier' as the subject by not later than Wednesday 30 November 2022. CLERK - Torri Gardens Ltd, Lija requires a clerk on a full-time basis. The ideal candidate must have ECDL, organization and communication skills, be fluent in English, ready to work flex- ible hours and other duties around the premises. Apply via email on: torri- gardens@gmail.com EXPERIENCED WAITER - required for busy hotel restaurant in Naxxar. Must be fluent in English, be able to work flexible hours including weekends and public holidays. Min 2 years' experience in similar position. Call +35627988357 for more info - The Village Hotel LTD. HAIR STYLIST - A Unisex hair salon located in Bugibba is looking to employ a hair stylist. The ideal can- didate will need to have the following skills: Specialize in a particular type of braid, such as box braids, Senegalese twists, flat twists, and other hair styles. Applicant should hold a diploma in hair styling and have at least 3 years' expe- rience with Afro braiding. Interested applicants should send their CV to alamsamm22@gmail.com by not later than 25th November. KITCHEN HELPER - Padthai Kitchen (Jungel Joy) of Gzira are seeking the immediate employment, on a FULL- TIME basis, of a person with knowledge of Thai cuisine, to work as a Kitchen Helper to assist in Kitchen and general restaurant duties. Although no particu- lar qualifications are required, the ide- al candidate must be fluent in written and spoken Thai and English, must also demonstrate sound knowledge of Thai traditional and Thai cuisine. Experience in a similar position would be consid- ered in asset. The candidate must also have a clean criminal record. The salary of €5.00 per hour is being offered to the suitable candidate. Interested candidates are to send CV by email to padthaikitch- en.malta@gmail.com with the words "Kitchen Helper" as the subject, by not later than Friday 25th November 2022. KITCHEN HELPER - Padthai Kitchen Malta Ltd are seeking the immediate employment, on a FULL-TIME basis, of a person with knowledge of Thai cuisine, to work as a Kitchen Helper to assist in Kitchen and general restaurant duties. Although no particular qualifications are required, the ideal candidate must be fluent in written and spoken Thai and English, must also demonstrate sound knowledge of Thai traditional and Thai cuisine. Experience in a similar position would be considered in asset. The can- didate must also have a clean criminal record. The salary of €5.00 per hour is being offered to the suitable candidate. Interested candidates are to send CV by email to padthaikitchen.malta@gmail. com with the words "Kitchen Helper" as the subject, by not later than Friday 25th November 2022. SECURITY GUARDS & CUSTOMER CARE - Kingdom Security Malta Ltd requires filling positions as Security Guards & Customer Care. Applicants should be customer care orientated, smart and flexible for shift work. Kindly call on 21413777 CLASSIFIEDS INFO @MEDIATODAY.COM.MT WHEN a landlord does not ac- cept the termination of a lease agreement, but rents the same property to a third party, this would in fact mean that he would be legally accepting the termination. This was held in Gismond Attard et -v- Yog.Art Catering Limited decided by the Court of Appeal on 2 No- vember 2022, presided by Mr Justice Lawrence Mintoff. Attard filed an appeal from a judgement delivered by the Rent Regulation Board on 31 January 2022. The Board had upheld Attard's claims in that the company should pay €9720 in rent and that since the depos- it of €16,000 was not returned, then the rent should be reduced from that sum. A further €2,676 should be also reduced rep- resenting the consumption of electricity The Court of Appeal analysed the case. The Defendant Com- pany, Yog.Art Catering Limited rented a shop in St Julians. The first 3 years of the lease were di fermo at a rate of €90 per day in rent. A few months in the lease the company wanted to termi- nate the lease. The appellant re- fused to accept the keys. Since the three years di fermo period was not used, the appellant pre- sented a claim of over €79,000. If the deposit of €16,000 had to be deducted, then the claim should be €63,000. Furthermore, there was an additional claim of €2676, which represented an unpaid ARMS bill of electricity. In his cross-examination, the Appellant confirmed that the shop was rented out to another company in March 2015. The Defendant Company ar- gued that it was not in a finan- cial position to continue with the lease. More importantly the Appellant accepted the termi- nation because they had rented to the property to a third party. A director of the company testi- fied that he had noticed that the shop was rented out to others a few weeks after they informed the owner that they were termi- nating the lease. The Court of Appeal analysed the Board's decision. The Board had quoted from a number of judgements which dealt with the renunciation of a lease. In Mary Ciantar – v- Ladislao Gi- useppe Micolucci of 27 April 2010, the Court had listed the elements of renunciation. The renunciation must be clear, it must not be general neither open to interpretation. The re- nunciation must show a precise legal. The Board held that when the company informed the Ap- pellants that he wanted to re- turn the keys, the lease was not terminated. However, when the property was rented to a third party, it was at this time the lease to the company was terminated. The Appellants obviously took possession of the shop. In fact, the Appellants presented the lease agreement which was signed by the Ap- pellants and the third party. It was the date of this second lease agreement that terminated the first. The Court calculated that the pending rent is €9720 plus €2676.35 which represents the ARMS bills. The Appellant argued that this decision should be over- turned, since the di fermo peri- od was binding. The Appellant explained that they rented the property to the third party at a lesser rent. The Appellant claimed that the keys of the shop were not accepted and the fact the keys were deposited in Court, this did not change the legal posi- tion. The company replied and held that once the Appellant rented the shop to a third party, they renounced the rights listed in the lease agreement. If the Appellant wanted the rent, they should have left the property vacant. The Court of Appeal dealt with the ground of appeal on the di fermo period. Case-law shows that when the owner ac- cepts the keys from the tenant, the lease agreement is terminat- ed. In this case the Appellant, as owner, did not accept the keys. The Board held that the Ap- pellants could withdraw the keys from Court. The Court agreed with Board's legal rea- soning. The Appellant entered into a new lease agreement and therefore did not want to con- tinue with their commercial relationship with the company. As a consequence, the Appel- lant was renouncing their right to the full amount. The Court then moved to turn down the appeal. A new lease agreement is deemed to be renunciation of the old lease agreement LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates