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Woman finally gets her Kennedy Grove house
September 25, 2019
Jamile Givans who purchased a one-bedroom house in Kennedy Grove, Clarendon, last November is jumping for joy following a court ruling on Monday.
Givans, despite paying the required deposit of $180,000 to the National Housing Trust (NHT) for the house that was being sold for $3.5 million, was unable to take possession of the house. This was because the house was sold under private treaty, and the persons who were occupying the property refused to leave.
"A feel so happy right now because I don't have to keep my things on people's verandah anymore. I have a place of my own now and I can get my children to live with me now, " she said.
Givans was represented in the matter by attorney-at-law Zuleika Jess. The lawyer told the CENTRAL STAR that a claim was brought against the previous owners for recovery of possession of the property because they refused to be removed from the house. She stated that Monday's court proceedings took place without the presence of the previous owners, and the judge handed down a default judgement.
"The judge took the evidence of Miss Givans and handed down a forthwith order, which means they are required to be removed from the house immediately," she said.
Private treaty
Meanwhile, Jess said that the NHT needs to reassess the sale of houses by private treaty because it is unfair to persons buying these houses to bear the burden of removing the occupants.
"When the NHT is selling a house they are exercising their power of sale under the mortgage law, and they almost always sell subject to tenancy. My position is that system needs to be completely overhauled because most persons who are purchasing through the NHT are persons who don't have the means or the resources to embark on a legal journey to get persons out of the property. The NHT, on the other hand, are staffed with lawyers who are perfectly capable of going to court and getting an order of possession. I think that it is not reasonable, in this day and age, for the NHT to sell houses subject to tenancy," she said.
