Dmitri Mohammed, Attorney at Law

20/11/2025

https://dmitrimohammedlaw.com/

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Professional legal services in Trinidad & Tobago

28/03/2025

Notice to Quit

A Notice to Quit is issued by one party of a tenancy onto the other (landlord to tenant, or tenant to landlord) to indicate that the lease is to be terminated. The lease is not terminated immediately, rather there is a period of advance notice given to the other party. This notice period is required to allow the landlord to find another tenant and for the tenant to find another place to live. The length of the notice period is determined by the length of the tenancy, for example, monthly tenancy requires a month’s notice.

When a Notice is served by a landlord, it does not itself evict the tenant but is a prerequisite for legal action if the tenant fails to vacate within the specified period. If the tenant remains past the notice period, the landlord may pursue further legal action through the courts to obtain possession of the property.

24/03/2025

Consent to Deed of Assignment

Some leases specifically state that any transfer of the lease requires the permission of the landlord. When this occurs, a consent form needs to be sent to the landlord for their signature and then said signature attached to the Deed of Assignment.

Certain government agencies such as the Trinidad and Tobago Housing Development Corporation (HDC) require consent and have a specific procedure that must be followed for them to give consent. Other agencies such as the Commissioner of State Lands do not require consent and simply requests that a certified copy of the Deed of Assignment be delivered to their office for their records.

21/03/2025

Deed of Assignment

A Deed of Assignment is a document that transfers the rights and obligations of an existing lease from the current tenant (assignor) to a new tenant (assignee). After the Deed is registered, the assignor is no longer a tenant of the landlord. These deeds may require written consent from the landlord, and this is indicated in the original lease.

18/03/2025

Deed of Lease

All fixed-term leases for a period exceeding that of 3 years are to be registered in the Land Registry. All documents to be registered in the Land Registry are known as “Deeds” and are to be sworn by a Commissioner of Affidavits and transfer taxes paid at BIR prior to registration. Aside from these requirements, it has the same effect as a Lease Agreement.

18/03/2025

Lease Agreement

A Lease Agreement sets out the terms and conditions under which a landlord grants a tenant the right to occupy a property for a specified period in exchange for rent. It defines the rights and obligations of both parties and helps prevent disputes during the tenancy. A tenant to a lease must be given quiet enjoyment of the property during its duration.

Leases differ from Licenses, where a License is the mere permission to use the property and does not come with the same entitlements as a Lease. One example of such an entitlement is that leases cannot be terminated before its expiration without the service of a Notice to Quit. Licenses often do not include the same stipulations as a Lease such as quiet enjoyment, payment of rent or a specific period, so it’s important to review your circumstances to know your position.

14/03/2025

Custody and Maintenance Order

An order for Custody and Maintenance is issued by the Magistrate’s Courts and Family Courts and indicates the responsibilities that each parent has towards the care of their child. Often one parent will be the primary caregiver who will have the child for most of the week and the other parent will be provide maintenance payment towards the child’s care and will have them on weekends and holidays. By default, both parents have an equal right to the care of their child and can raise them however they wish, but in cases where the parents are in dispute, or they simply want some level of structure they may seek the court’s intervention.

Custody matters need not be hostile, the parties are free to determine what works best for them and then indicate such the court, which will then grant a consent order. If the parties are hostile, the court will have to go to trial to determine what is in the best interests of the child before granting custody. An order for custody and maintenance from the Magistrate’s Court is often issued orally, but a written copy of the order can be obtained by applying for a court extract of the hearing as seen here.

12/03/2025

Custody and Maintenance Order

An order for Custody and Maintenance is issued by the Magistrate’s Courts and Family Courts and indicates the responsibilities that each parent has towards the care of their child. Often one parent will be the primary caregiver who will have the child for most of the week and the other parent will be provide maintenance payment towards the child’s care and will have them on weekends and holidays. By default, both parents have an equal right to the care of their child and can raise them however they wish, but in cases where the parents are in dispute, or they simply want some level of structure they may seek the court’s intervention.

Custody matters need not be hostile, the parties are free to determine what works best for them and then indicate such the court, which will then grant a consent order. If the parties are hostile, the court will have to go to trial to determine what is in the best interests of the child before granting custody. An order for custody and maintenance from the High Court is often issued in the form of a written order as seen here.

12/03/2025

Freedom of Information Act (FOIA) Request

A Freedom of Information Act (FOIA) Request allows individuals or organizations to request access to official records and documents held by public authorities. It is used to promote transparency and accountability by granting the public the right to obtain information from government agencies, subject to certain exemptions.
A FOIA Request ensures access to public records and enhances government accountability, allowing individuals to obtain crucial information for research, legal matters, or civic engagement.