Court Notices published in Govt. Gazette No. 20,272 of 30th September 2019

By means of a decree of the 11th July, 2019, of the Rent Regulation Board, in the records of the Application in the names ST Hotels Limited vs John Austin Yavorsky, Application number 73/2019SG, the following publication was ordered for the purpose of effecting service on the respondent John Austin Yavorsky in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12)

By means of an Application in the names ST Hotels Limited (C 78678) vs John Austin Yavorsky (ID 0168850A) filed before the Rent Regulation Board on the 8th April, 2019, the applicant ST Hotels Limited (C 78678) requested with respect:

By means of a lease agreement dated 28th October, 2017, the applicant gave by title of lease to the respondent, the premises number 134A, The Strand, Gżira for an initial period of two years, commencing from 15th November, 2017, a copy of which is here attached and marked as Doc. ST1;

That in terms of the agreement mentioned above, the respondent agreed to pay by way of rent the amount of €75.00 per day, exclusive of VAT, payable every three months in advance;

The defendant is refusing to pay the rent, after he has abandoned the premises rented to him, and this without any valid reason and without warning;

That by virtue of clause 10.02 of the above mentioned lease agreement, in such circumstances, the claimant company has the right to “ maintain tenant’s right to possession, in which case this lease continues in effect …”;

That defendant is in default of the payment of rent for the property 134A, The Strand, Gżira, for the period between 15th November, 2018, until 31st March, 2019, which arrears amount to the sum of €10,275 as evidenced from the attached invoice marked Doc. ST2;

That, moreover, defendant is also in default of the payment of the sum of €358.72 which amount represents the consumption of water and electricity for the premises 134A, the Strand, Gżira, for the period between 21st August, 2018, until 31st March, 2019 (as evidence in the attached Doc. ST2) and which according to the said lease agreement was to be borne by the defendant;

That, moreover, defendant also has to pay the outstanding agency fee that he is obliged to pay according to clause 7.04 of the said lease agreement and that amounts to €3,230.25 and the penalties resulting from his failure to comply with his contractual obligations in so far as regards the failure to pay rent and the consumption of water and electricity on the date on which they ought to have been paid, which penalities where imposed on him by means of the same lease agrement above mentioned, and till the date of the 31st March, 2019, amount to €40,930.25 as results from the attached Doc. ST2;

The respondent was solicited several times, including by means of a legal letter dated 18th December, 2018 (copy attached and marked as Doc. ST3) and official letter dated 7th January, 2019 (attached Doc. ST4) so that he pay immediately the amount due by him as above explained, but he remained in default and did not affect any payments;

These procedings had to be made for the execution of the debt above mentioned arising from the lease agreement above mentioned;

Thus, the applicant is requesting with respect this Board to:

a) Declare that the respondent is debtor of the applicant company in the amount of €10,275 representing the arrears of rent due by the respondent to the applicant company for the period betweent the 15th November, 2018, till the 31st March, 2019;

b) Declare the respondent as debtor to the applicant company in the amount of €358.72 respresenting the arrears of payments due by the respondent to the applicant company for the consumption of water and electricity for the period betweent the 21st August, 2018, and the 31st March, 2019;

c) Declare that the respondent is debtor to the applicant company in the amount of €40.930.25 representing the agency fee and the amount of penalties due by the respondent to the applicant company till the 31st March, 2019, because of the breach of his contractual obligations in terms of the same agreement;

d) Condem the respondent to pay the applicant company the total amount of €51,563.97.

With costs, including those of the judicial letter dated 7th January, 2019, and with interest from the date of the application against the respondent that is from now summoned so that a reference to his oath be made and reserving any rights for any other action for damages against the same.

Applicant: 143, The Strand, Gżira

Respondent: Villa Genciana, Triq Fomm il-Għeliem, Swieqi

The application in the names ST Hotels Limited vs John Austin Yavorsky Application Number 73/2019SG has been postponed for hearing to the 4th October, 2019, at 9.30 a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 12th August, 2019, on the application of Bank of Valletta plc (C 2833) Thursday, 7 November, 2019, at half past ten in the morning (10.30 a.m.), has been fixed for the Sale by Auction to be held in Room Number 78, nearby archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Unnumbered garage named ‘Elia’ in Cannon Road, Qormi other times referred to as Santa Venera. The said garage is bounded on East by Cannon Road, North by property of Emanuel Galea and on the south by property of Carmelo Dingli or his successors in title and subject to annual and sub perpetual ground rent of forty one euro and five cents (€41.05) payable directly to the subdirectors, payable annually in advance, free and unencumbered with all its right and appurtenances, tale quale and with vacant possession valued at two hundred and thirty five thousand euro (€235,000).

The said tenement is the property of Merger Enterprises Limited (C 7066).

N.B. The said tenement will be sold as described in the acts of judicial sales number 32/2016.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals