Ramsay-Hale J
220519 Velma Bailey v Veloneek Blake –G 209/2019 - Judgment 2
1 of 17
IN THE GRAND COURT OF THE CAYMAN ISLANDS
CIVIL DIVISION
G 209 of 2019
BETWEEN
VELMA BAILEY
Plaintiff
AND
VELONEEK MESSAM BLAKE
Defendant
OPEN COURT
Appearances:
Mr. Colm Flanagan of Nelson Law, Attorneys for the Plaintiff (who
appeared via video-link)
Ms Veloneek Blake, Defendant in person.
Before:
Hon. Mrs. Justice Margaret Ramsay-Hale
Heard:
21 July 2021
Draft Judgment
Circulated:
13 May 2022
Judgment Delivered:
19 May 2022
HEADNOTE
Property Law - Claim for an account of rents by joint proprietor of land and for payment of
sums found due upon the taking of such account - Order 43
JUDGMENT
Introduction
1.
The Plaintiff, Ms Velma Bailey, and the Respondent, Ms Veloneek Blake, are joint proprietors of
property registered as Block 13D, Parcel 307, commonly known as 149 Greenwood Drive, George
Town (“the Property”) having both been added to the Title in 2006 by the Registered Proprietor,
Ms Delrose Ebanks. Ms Blake is the daughter of Ms Ebanks and Ms Bailey is Ms Ebank’s youngest
sister. Although Ms Bailey is Ms Blake’s aunt, the two are close in age and grew up as close as
sisters.
220519 Velma Bailey v Veloneek Blake –G 209/2019 - Judgment 2
2 of 17
2.
The property is comprised of units which are let to residential tenants, inclusive of utilities, and
one apartment in which certain family members reside. Since Ms Ebanks’ passing in September
2012, the rental units on the property have been managed by Ms Blake.
3.
Despite them both being entitled to the property as joint proprietors, Ms Blake considered the
property to be hers - her birthright, as she put it - and, as a consequence, she did not give Ms
Bailey an account of the monies earned from the rental of the units or the monies she spent on
the upkeep of the property. Although Ms Blake asserts that she once gave Ms Bailey USD $3000
towards her tuition when Ms Bailey was studying abroad, she did not attempt to share the profits
arising from the rental of the units with her.
4.
Ms Bailey’s entitlement as a joint owner to share in the profits made from renting the property is
not now disputed by Ms Blake, though she still bears some animus towards Ms Bailey who she
believes neglected Ms Ebanks in the months before she died and subsequently contributed
nothing to the management of the property.
5.
On 27 November 2019, following a demand by Ms Bailey for an account of monies due to her
from the rental of the units, Ms Blake produced a document to Ms Bailey’s attorneys in the form
of a QuickBooks profit and loss summary for the period of 1 January 2012 to 27 October 2019.
The summary showed Income over the period of $239,381.
6.
Against that sum, Ms Blake set off certain expenses, namely $55,734 as and for Commissions,
$46,969 as and for Repairs and Maintenance and $68,810 for Utilities, a total amount of
$171,513.
7.
With respect to the Commissions, Ms Blake explained in correspondence with Ms Bailey’s
attorneys that this sum included monies given to Ms Bailey’s sisters who needed financial
assistance as well as (an estimate of ) the cost of providing utilities to the family members whose
apartment is also supplied with utilities for which they do not pay. It also included a sum to
compensate her for the time spent managing the property.
8.
The Net Income produced by the QuickBooks summary was $62,169. Ms Blake subsequently
remitted the sum of $31,879.59 to Ms Bailey.
9.
Ms Bailey was not satisfied with the account produced and issued a Writ claiming an account of
all monies received and spent by Ms Blake relating to the rental property and an order that Ms
Blake pay her any sum found due. The Writ was filed and served in December 2019.
10.
The Court subsequently directed Ms Blake, who acts in person, to provide an updated account
setting out all the receipts and expenses relating to the property and exhibiting thereto such
supporting receipts and documents as she had in her possession. Ms Blake was also directed to
220519 Velma Bailey v Veloneek Blake –G 209/2019 - Judgment 2
3 of 17
verify the account by affidavit and to provide a full explanation of any amounts contained in the
account which were not supported by receipts or other documents.
11.
After much delay, Ms. Blake produced a spreadsheet setting out her account of the rental income
for the period from 1 October 2019 to 30 November 2020 as well as the expenses incurred by her
over the period. The net income derived for that period of 12 + months was, according to Ms
Blake’s records, $ 77, 004.
12.
Ms Blake paid half of that sum in the amount of $38,052 to Ms Bailey.
13.
Ms Bailey filed a Notice of Objection setting out the omissions she asserted existed within the
account given and the matter was set down for the account to be taken by the Court.
THE ISSUE
14.
The sole issue for resolution is whether Ms Blake properly accounted for the rental income from
the units, setting off legitimate expenses from the property.
15.
In order to resolve this issue, I will need answer the following questions:
(1) What was the rental income from the rental units?
(2) What are the verifiable expenses?
(3) What amount is due to Ms Bailey as at the date of the hearing?
Issue 1: Rental Income from January 2012 to November 2020
16.
There are at present 9 rental units. Each is rented with utilities included. Each unit currently rents
for a different amount as set out in the Table below:
Unit #
Rent CI$
1
450.00
2
450.00
3
750.00
4
500.00
5
525.00
6
600.00
7
600.00
8
625.00
9
750.00
Total
5,250.00
220519 Velma Bailey v Veloneek Blake –G 209/2019 - Judgment 2
4 of 17
17.
The rent is inclusive of utilities which must be subtracted to derive the net income. When
tabulated by the attorneys for Ms Bailey, the sums reflected in the QuickBooks summary provided
by Ms Blake of $239,381 for rent and $68,810 for utilities to the period ending 27 October 2019
did not tally with the receipts that she provided.
18.
The tabulation exercise undertaken by Ms Bailey’s attorneys found that the receipts disclosed a
rental income over the period to 2019 to be in the sum of $256,467 and not $239, 381 as set out
in the QuickBook summary.
19.
The utility bills were also tabulated by Ms Bailey’s attorneys and found to be in the sum of $77,
797, an amount higher than that arrived at by Ms Blake. The QuickBooks summary is clearly
unreliable.
20.
Mr. Flanagan has performed his own calculation of the rents paid up to September 2019 using the
rent receipts provided by Ms Blake as well as the spreadsheet provided by her intending to
account for the period October 2019 to 11 November 2020. He has arrived at a total sum of $309,
342 as set out in the Table below:
21.
The figure of $309,342 is plainly inaccurate. As Mr. Flanagan pointed out, Ms Blake did not
produce any rent receipts for the 12 month period between July 2015 and June 2016. Ms Blake’s
evidence was that the units were unoccupied during that period as the roof was being fixed but
the documentary evidence refuted that suggestion:
(I) The photographs which were exhibited show a small development with a simple gable
roof of asphalt shingles on plywood which would not have required an extended
period of time to repair;
(ii) A review of the rent receipts shows that a number of persons who were tenants in
July 2015 were still in the premises after June 2016, namely, Wesley McKenzie,
Dominic Myles, ‘Dave’, Charmaine Harrison, Diane Leslie, Wilfred O’Melley. It is
possible that they moved out and then returned to the premises after the repairs
2012
2013
2014
2015
2016
2017
2018
2019
2020
13,950
19,635
25,950
22,400
22,400
54,075
53,975
58,632
41,600
TOTAL
309,342
220519 Velma Bailey v Veloneek Blake –G 209/2019 - Judgment 2
5 of 17
were complete, but it is more likely than not that they remained in possession for the
entire period, contrary to Ms Blake’s assertion; and
(iii) A cursory analysis of the bills for water supplied to the premises for that period show
that there was no corresponding decline in water usage. When plotted on a simple
graph there is no downward trend in consumption in tandem with what Ms Bailey
says was the absence of any tenants in the premises. The water bills for January to
June 2015 show an average cost of consumption of $132 per month, when Ms Blake
says the units were occupied which is less than the average rate of $145 for July to
December 2015, when she says they were not.
22.
Accepting Ms Blake’s assertion that the units were fully occupied in 2017, 2018 and up to
September 2019 for the purpose of this inquiry, Ms Bailey proposes that the rent be averaged for
those years. This would produce a monthly rental rate of 4,630.05 which, when applied to the 99
month period from September 2012 to November 2020, produces a total income $458,374.95
23.
Having reviewed all the records including the rent receipts, I consider that the rent receipts are
the best evidence of rents received notwithstanding the gaps in the records that have been shown
by Mr. Flanagan to exist, particularly with respect to the period from July 2015 and June 2016.
24.
While the gaps put a question mark over Ms Blake’s record-keeping, it is unlikely that she would
have issued receipts in the wrong amounts at a time when she was unaware that Ms Bailey
intended to claim against her for a share of the income from the premises. A review of the receipts
show that she needed to record the monies paid as her tenants rarely paid on time and often
made part-payments. Her records would be the only way she knew what she was owed in any
month on any unit by any tenant.
25.
Two things emerge from my review of the receipts. The first is that there were not nine rental
units throughout the period under review. The second is that the rental rates increased over time.
For these reasons I decline to adopt the broad brush approach urged on me by Mr. Flanagan which
is to accept the current rental rates for the 9 units and average them over the period using the
years 2017, 2018 and 2019 as a guide.
26.
I make the following additional observations about the receipts: they were issued on the date
that monies were paid, some were for rent due in that month, some for rent due the month
before, some for part-payments only and some for full rent for that month and a payment on
account of rent owed from a previous period. I have not tried to add up the sums in the receipts
but have rather identified the tenant’s name and the rate at which they rented their unit and the
period for which they remained in possession. I have assumed that the rent was paid in full by
every tenant in every month for as long as they remained a tenant. If there was no rent receipt
for any person in any one month but a receipt was issued to that person in a later month, I treated
the tenancy as having continued uninterrupted.
220519 Velma Bailey v Veloneek Blake –G 209/2019 - Judgment 2
6 of 17
Rental Income for 2012
27.
Ms Blake said, and I accept, that there were only 7 units up to the date of her mother’s death.
From her evidence, I understood that her mother’s two bedroom apartment was subsequently
made into two additional rental units to make the 9 units which are on the premises today. Ms
Blake also said that her mother’s apartment was not in “livable” condition after her mother died
and it was not fixed for some time. Ms Blake was unable to say with any certainty when it was
fixed and 9 units became available for renting.
28.
Ms Blake also said that none of the units were rented after her mother’s passing because the
place was “in a shambles” and needed to be fixed. However, a cursory glance through the receipts
provided for 2012 show that the units were, in fact, rented out. The receipts show that the
tenants who were in place in September, namely Diana Leslie, Derrick Prince, Linval Wilson,
Carlene Reid and Mark Seymour were still in place in December and that two new tenants
commenced tenancies in November and December.
29.
In the absence of any evidence to show that Ms Bailey received any share of the income from the
property from Ms Ebanks before her passing, I hold that Ms Blake has no liability to Ms Bailey for
any profits arising in the months preceding her mother’s demise in September 2012. I have,
therefore, only assessed the rents paid from October to December 2012.
30.
The receipts for 2012 show that, after Ms Ebanks’ passing in September 2012, the units were
rented in following sums to the following persons as set out below:
2012
Jan
Feb
Mar
April
May
June
July
Aug
Sept.
Oct.
Nov.
Dec.
Diana
Leslie
-
-
-
-
-
-
-
-
-
550
550
550
Derrick
Prince
-
-
-
-
-
-
-
-
-
450
450
450
Linval
Wilson
-
-
-
-
-
-
-
-
-
350
350
350
Carlene
Reid
-
-
-
-
-
-
-
-
-
400
400
400
Mark
Seymour
-
-
-
-
-
-
-
-
-
500
500
500
Francine
Whyte
-
-
-
-
-
-
-
-
-
-
400
400
Diana
Atkins
-
-
-
-
-
-
-
-
-
-
400
400
31.
The names Francine Whyte and Diana Atkins do not appear in any receipts before November
though they appear after. Although Ms Bailey’s position appears to be that all the units were
220519 Velma Bailey v Veloneek Blake –G 209/2019 - Judgment 2
7 of 17
rented at all times up until 2019, it is an ordinary incidence of operating rental property that there
will be periods of time when an apartment is vacant.
32.
My review of the rent receipts suggests that, although there were a number of long term tenants,
some of the units had a fairly regular turnover. Given the lag between tenancies which is an
ordinary feature of long term renting and Ms Blake’s evidence that some units needed repair, I
hold for the purposes of this inquiry that Ms Whyte’s and Ms Atkins’ tenancies commenced in
November and that the units were unoccupied in October.
33.
I assess the total rent received in 2012 at $8,350.
Rental Income for 2013
34.
There are no receipts drawn to Linval Wilson or Mark Seymour after December 2012 and I
conclude that they ceased to be tenants at that date. The rent receipts for 2013 provide the
following information:
2013
Jan
Feb
Mar
April
May
June
July
Aug
Sept.
Oct.
Nov.
Dec.
Diana
Leslie
550
550
550
550
550
550
550
550
550
550
550
550
Derrick
Prince
450
450
450
450
450
450
450
450
450
450
450
450
Carlene
Reid
400
400
400
400
400
400
-
-
-
-
-
-
Diana
Myles
-
-
-
-
-
-
-
-
400
400
400
400
Diana
Atkins
400
400
400
400
400
400
400
400
400
-
-
-
Francine
Whyte
400
-
-
-
-
-
-
-
-
-
-
-
Marcus
Henry
-
-
-
-
-
-
-
-
-
-
350
350
Dormanic
Myles
-
-
-
400
-
-
-
-
-
-
-
-
Joel Bush
-
-
-
450
450
450
-
-
-
-
-
-
Wilfred
O’Melly
-
-
-
-
-
550
5751
575
575
575
575
575
Java
Cousin
-
-
-
-
-
-
-
-
300
300
300
1 Rent increased from July 1st Receipt # 724471
220519 Velma Bailey v Veloneek Blake –G 209/2019 - Judgment 2
8 of 17
35.
The receipts suggest there were seven rental units, with five renting fairly steadily and two not
doing as well, rather than nine rental units in respect of which poor records were kept.
36.
Further, a perusal of the bills for materials and labour suggests that that some fairly substantial
repairs were carried out at the premises from April through September, including repairs to the
roof. Rather than ascribe a rental rate over the period for which there are no receipts, I accept
the receipts as reflecting the rents paid over the period.
37.
I assess the total rent received for 2013 at $ 27,350
Rental income for 2014
2014
Jan
Feb
Mar
April
May
June
July
Aug
Sept.
Oct.
Nov.
Dec.
Diane
Leslie
550
550
550
550
550
550
550
550
550
550
550
550
Wilfred
O’Melly
575
575
575
575
575
575
575
575
575
575
575
575
Derrick
Prince
400
400
400
400
400
400
400
400
400
400
-
-
Marcus
Henry
350
350
350
350
350
-
-
-
-
-
-
-
Diane
Myles
400
400
400
400
400
400
400
400
400
400
400
400
Marion
Mitchell
-
-
-
-
-
-
-
-
-
-
450
450
Charmaine
Harrison
-
-
-
-
-
-
-
-
-
400
400
400
38.
Having considered all the evidence and taking into account Ms Blake’s poor record keeping, I am
satisfied and find that there were only 7 units for rent in 2014. It is impossible to accept that nine
units were rented and Ms Blake failed to write a single receipt in respect of two of them. I accept
and find, for the purpose of this inquiry, that the units which were occupied by Marion Mitchell
and Charmaine Harrison were not rented for the months recorded in the table. I do not think it
likely that Ms Blake would issue receipts to her other tenants but fail to record any rent received
from the tenants of those two units, whether Ms Harrison or Ms Mitchell or not, for so many
months in succession. Apart from the 12 months for which Ms Blake failed to produce any records
at all, it is clear that Ms Blake kept records of the rents paid to her and by whom.
39.
There are no rent receipts for Marcus Henry after May 2014, or for Derrick Prince after October,
and I conclude that they ceased to be tenants thereafter.
40.
I assess the rent received for 2014 at $26,150
220519 Velma Bailey v Veloneek Blake –G 209/2019 - Judgment 2
9 of 17
Rental Income for 2015
41.
It is plain from the rental receipts that the nine units became available for rent in 2015. I am
satisfied and find that all nine units were rented over the course of the year: six units to the six
tenants already identified in para 21 (iii) supra as well as to three others, namely Marion Mitchell,
Keisha Hutchinson and Diane Myles. Where the receipts show that the tenants were still in the
premises in 2016, I have assumed the rent was paid for the period of July to December 2015 for
which no receipts have been produced.2
2015
Jan
Feb
Mar
April
May
June
July
Aug
Sept.
Oct.
Nov.
Dec.
Diane
Leslie
550
550
550
550
550
550
550
550
550
550
550
550
Dave
-
-
-
400
400
400
400
400
400
400
400
400
Wesley
McKenzie
400
400
400
400
400
400
400
400
400
400
400
400
Charmaine
Harrison
600
600
600
600
6253
625
625
625
625
625
625
625
Wilfred
O’Melly
575
575
575
575
575
575
575
575
575
575
575
575
Dominic
Myles
-
-
-
400
400
6754
675
675
675
675
675
675
Diane
Myles
400
400
400
400
400
-
-
-
-
-
-
-
Keisha
Hutchinson
-
-
-
-
-
400
400
400
400
400
400
400
Marion
Mitchell
450
450
450
450
-
-
450*
450*
450*
450*
450*
450*
Simone
Pearson
-
-
400
400
400
400
400
400
400
400
400
400
42.
No receipts were issued to Diane Myles after May. I conclude that she quit the premises in May
and that Keisha Hutchinson moved into the unit previously occupied by her, given that the rent
payable was the same.
43.
There are no receipts for Marion Mitchell after April. I assume, for the purpose of this inquiry,
that she quit her tenancy. The last two recorded receipts issued to her note that a significant
2 These assumed rents are underlined
3 Rent increase reflected on May 2015 receipt
4 Rent increase reflected on June 2015 receipt
220519 Velma Bailey v Veloneek Blake –G 209/2019 - Judgment 2
10 of 17
balance of unpaid rent was carried forward which suggests that she was having a difficulty
meeting her monthly obligation.
44.
Given the low vacancy rate in 2015, I assume for the purposes of this inquiry that the unit vacated
by Marion Mitchell was vacant for a period of two months before it was rented again by an
undisclosed person. I have ascribed full rent to the unit for the period July to December 2015 as
set out in the table above5.
45.
Simone Pearson’s name does not appear in any 2016 receipts. I am going to assume she quit the
premises in July 2015 and that the unit was empty for two months before being rented again.
46.
I assess the total rent for 2015 at $ 48,125.
Rental Income for 2016
47.
The rent receipts disclose that Diana Leslie, “Dave”, Wesley McKenzie, Charmaine Harrison
Wilfred O’Melley, Dominic Myles and Keisha Hutchinson remained tenants from 2015 through
December 2016. I have input the rent they would have paid for the period January to June 2015
for which no receipts have been provided.
2016
Jan
Feb
Mar
April
May
June
July
Aug
Sept.
Oct.
Nov.
Dec.
Diane
Leslie
550
550
550
550
550
550
550
550
550
550
550
550
Dave
400
400
400
400
400
400
400
400
400
400
400
400
Wesley
McKenzie
425
425
425
425
425
425
425
425
425
425
425
425
Charmaine
Harrison
625
625
625
625
625
625
625
625
625
625
625
625
Wilfred
O’Melly
625
625
625
625
625
625
625
625
625
625
625
625
Dominic
Myles
675
675
675
675
400
675
675
675
675
675
675
675
Keisha
Hutchinson
400
400
400
400
400
400
400
400
400
400
400
400
Simone
Pitter
450
450
450
450
450
450
450
450
450
450
450
400
Karen
Francis
600
600
600
600
600
600
600
-
-
-
-
-
Lyria
Morgan
-
-
-
-
-
-
-
-
600
600
600
600
5 Assumed rents for unit previously occupied by Marion Mitchell marked with an asterisk
220519 Velma Bailey v Veloneek Blake –G 209/2019 - Judgment 2
11 of 17
48.
With respect to the tenants Simone Pitter, Karen Francis and Lyria Morgan who appear in the
receipt books for the first time from July 2016 on, I say as follows: in the absence of any
explanation for the missing receipts, I make the assumption that Ms Francis was in occupation of
a unit at $600 per month from January 2016 until July which is the only recorded receipt for her
and that Ms Morgan rented that unit from September on.
49.
With respect to the unit rented by Ms Pitter from August 2016, I assume in the absence of any
explanation that the unit was rented throughout the period.
50.
I assess the total rent for 2016 at $56,400.
Rental Income for 2017
51.
It is Ms Blake’s evidence that the units were all fully occupied in 2017 but the receipts show that
there were frequent changes in tenancies in the two units which rented at the rate of $600 a
month.
2017
Jan
Feb
Mar
April
May
June
July
Aug
Sept.
Oct.
Nov.
Dec.
Dave
400
400
400
400
400
400
400
400
400
400
400
400
Wesley
McKenzie
425
425
425
425
425
425
425
425
425
425
425
425
Charmaine
Harrison
625
625
625
625
625
625
625
625
625
625
625
625
Wilfred
O’Melly
625
625
625
625
625
625
625
625
625
625
625
625
Dominic
Myles
675
675
675
675
400
675
675
675
675
675
675
675
Keisha
Hutchinson
400
400
400
400
400
400
400
400
400
400
400
400
Simone
Pitter
450
450
450
450
450
450
450
450
450
450
450
400
Lyria
Morgan
600
-
-
-
-
-
-
-
-
-
-
-
Simone
Smith
-
6006
600
600
600
600
600
-
-
-
-
-
Carla
Walker
-
600
600
600
600
-
-
-
-
-
-
-
Marvalyn
Powell
-
-
-
-
-
-
600
600
600
600
600
600
6 Rental period c 25 January Rec # 329854. Rent is credited to February
220519 Velma Bailey v Veloneek Blake –G 209/2019 - Judgment 2
12 of 17
Yonie(Uyon)
Johnson
-
-
-
-
-
-
-
-
-
-
6007
600
52.
Given the high turnover of tenants in those 2 units, I accept the receipts as accurately recording
the rent received for that year.
53.
I assess the rental income for 2017 at $54,800
Rental Income for 2018
2018
Jan
Feb
Mar
April
May
June
July
Aug
Sept.
Oct.
Nov.
Dec.
Wesley
McKenzie
425
425
425
425
425
425
425
425
425
425
425
425
Charmaine
Harrison
625
625
625
-
-
-
-
-
-
-
-
-
Wilfred
O’Meally
625
625
625
625
625
625
625
625
625
625
625
625
Dominic
Myles
675
675
675
675
675
675
675
-
-
-
-
-
Keisha
Hutchinson
400
400
400
400
400
400
400
400
400
400
400
400
Simone
Pitter
450
450
450
450
450
450
450
450
450
450
450
450
Marvalyn
Powell
600
600
600
600
600
600
600
600
600
600
600
600
Yonie
Johnson
600
600
600
600
600
600
7508
750
750
750
750
750
Moya
Moxam
-
-
-
-
-
5259
525
525
525
525
525
525
Arthur
Lloyd
-
-
-
-
-
-
-
600
600
600
600
600
Natoya
Johnson
-
-
-
-
-
-
-
-
700
700
700
700
54.
No receipts were issued to long term tenant Dave after December 2017 and I conclude that he
quit the premises and that 2018 started with 8 out of the 9 units tenanted.
7 Rental period commenced 22 Oct Rec# 329940. Rent credited to November
8 Rent increase recorded on Receipt 786410 dated 1 July 2018
9 Rental period c 25 May Rec #786403. Rent is credited to June
220519 Velma Bailey v Veloneek Blake –G 209/2019 - Judgment 2
13 of 17
55.
On 25 May 2018, the 9th unit was rented to Moya Moxam. That it was a new tenancy is confirmed
by the deposit of $250 that was taken.10 I have shown the tenancy in the table as having
commenced in June because the rent period started near the end of May.
56.
There are no receipts for long term tenant Charmaine Harrison after March from which I conclude
that her tenancy terminated. The ready inference from the receipts, as shown in the table is that
that unit was empty from April through June until rented to Arthur Lloyd in August. That his
tenancy began in August is confirmed by the receipt for a $200 deposit taken from him in the
same month.11
57.
The receipts as tabled also cause me to conclude that Dominic Myles quit the premises in July and
that his unit was taken by Natoya Johnson in September, paying a deposit of $250.12
58.
I assess the rental income for 2018 at $53,575.
Rental income for 2019
59.
In addition to rent receipts up to September 2019, Ms Blake submitted a spreadsheet of rent
collected from October 2019 to 11 November 2020. Having reviewed the receipts and the
spreadsheet, I assess the rate of occupation of the units as set out below. As before, if there is no
accounting for rent in a particular month but a later account shows the tenant still in occupation,
I treat the rent as being paid in every month. So for example, the spreadsheet records only three
rent payments in October but it is an obvious inference from the rents recorded in December,
that seven persons remained in occupation to the end of the year.
2019
Jan
Feb Mar April
May June
July
Aug
Sept.
Oct.
Nov.
Dec.
Wesley
McKenzie
425
425
425
425
425
425
425
425
425
425
425
425
Wilfred
O’Meally
625
625
625
625
625
625
625
625
625
625
625
625
Keisha
Hutchinson
400
400
400
400
400
400
400
400
400
-
-
-
Simone Pitter
450
450
450
450
450
450
450
450
450
-
-
-
Marvalyn
Powell
600
600
600
600
600
600
600
600
600
600
600
600
Uyon Johnson
750
750
750
750
750
750
750
750
750
750
750
750
10 Rec #786402
11 Rec # 786418
12 Rec #786431
220519 Velma Bailey v Veloneek Blake –G 209/2019 - Judgment 2
14 of 17
Moya
Moxam
525
525
525
525
525
525
525
525
525
525
525
525
Arthur Lloyd
600
600
600
600
600
600
600
600
600
600
600
600
Natoya
Johnson
700
700
700
700
700
700
700
700
700
700
700
700
60.
There are no receipts for Keisha Hutchinson after July and none for Simone Pitter after September
and I accept Ms Blake’s evidence that 2 of the units were not rented after September 2019.
61.
I assess the rental income for 2019 at $57,150.
Rental income to 30 November 2020
62.
The spreadsheet is not supported by any underlying documents. An analysis of the spreadsheet
shows that each of the tenants who were in the premises at December 2019 - seven in all -
remained in possession, paying rent at the same rates as before. I assess the rents paid to the end
of November 2020 at $4,255 per month using the rates already established13 for an 11 month
total of $ 46,805.
63.
I set out the rental income assessed in the table below:
64.
I assess the total rental income over the period October 2012 to November 2020 at $379,105.
Issue 2: Rental income net of expenses
Utilities for period October 2012 to September 2019
65.
As the units are rented inclusive of utilities, the costs of supplying water and electricity must be
deducted from the gross rental income to derive the net income for the rents.
66.
I have considered the running accounts tabulated and provided to the Court by Mr. Flanagan’s
team. With respect to the utilities, I have noted numerous duplicate entries in the running
accounts provided by Mr Flanagan to the Court as follows:
13 Wilfred O’Meally ($625) Wesley McKenzie ($425) Marvalyn Powell ($600) Uyon Johnson($750) Moya
Moxam ($525) Arthur Lloyd ($600) and Natoya Johnson ($700)
2012
2013
2014
2015
2016
2017
2018
2019
2020
(Nov)
8,350
27,350
26,150
48,125
56,400
54,800
53,975
57,150
46,805
220519 Velma Bailey v Veloneek Blake –G 209/2019 - Judgment 2
15 of 17
67.
The duplicate utility bills on my review amount to $3,972.31. Subtracting that sum from Mr.
Flanagan’s calculation of $77,887.97 produces a new total of $73,915.66 for utilities to September
2019.
Maintenance Costs for period October 2012 to September 2019
68.
A further sum must be set off for the costs of necessary works done at the property including
appliance maintenance, repairs and replacement, repairs to the units including painting, replacing
tiles and flooring as well as repairs to the roof. Ms Blake said that she has lost many receipts for
Page
Date
Location
Description
Amount
40
28-Dec-12
CUC
Utility Bill
167.66
258
28-Dec-12
Caribbean Utilities Company Ltd.
Utility Bill
167.66
40
30-Jan-13
CUC
Utility Bill
133.85
258
30-Jan-13
Caribbean Utilities Company Ltd.
Utility Bill
133.85
40
25-Feb-13
CUC
Utility Bill
153.81
258
25-Feb-13
Caribbean Utilities Company Ltd.
Utility Bill
153.81
44
21-Mar-13
CUC
Utility Bill
158.95
258
21-Mar-13
Caribbean Utilities Company Ltd.
Utility Bill
158.95
44
18-Apr-13
CUC
Utility Bill
231.54
258
18-Apr-13
Caribbean Utilities Company Ltd.
Utility Bill
231.54
44
23-May-13
CUC
Utility Bill
322.76
258
23-May-13
Caribbean Utilities Company Ltd.
Utility Bill
$322.76
44
26-Jun-13
CUC
Utility Bill
425.00
258
26-Jun-13
Caribbean Utilities Company Ltd.
Utility Bill
425.00
44
29-Jul-13
CUC
Utility Bill
324.26
258
29-Jul-13
Caribbean Utilities Company Ltd.
Utility Bill
324.26
44
02-Sep-13
CUC
Utility Bill
482.21
258
02-Sep-13
Caribbean Utilities Company Ltd.
Utility Bill
482.21
43
01-Oct-13
CUC
Utility Bill
551.71
258
01-Oct-13
Caribbean Utilities Company Ltd.
Utility Bill
551.71
43
02-Nov-13
CUC
Utility Bill
393.91
258
02-Nov-13
Caribbean Utilities Company Ltd.
Utility Bill
393.91
43
02-Dec-13
CUC
Utility Bill
481.52
258
02-Dec-13
Caribbean Utilities Company Ltd.
Utility Bill
481.52
254
06-Dec-12
Water Authority
Utility Bill
25.00
257
06-Dec-12
Water Authority
Utility Bill
25.00
253
20-Dec-13
Water Authority
Utility Bill
119.50
257
20-Dec-13
Water Authority
Utility Bill
119.50
220519 Velma Bailey v Veloneek Blake –G 209/2019 - Judgment 2
16 of 17
repairs done to the premises. I accept her evidence as in many instances the bills for materials
and goods purchased are not accompanied by receipts issued by workmen for work done. Ms
Blake said, and I accept, that she paid occasional workers to do some of the repair works. She was
unable, however, to assist the Court in determining how much might have been paid out which
was not recorded. I, therefore, base my assessment on the receipts produced which have been
tabulated by Mr. Flanagan.
69.
The receipts and other documents for repairs, maintenance and purchase of replacement
appliances etc add up to the sum of $58,534.27.
70.
Ms Bailey takes issue with the amount Ms Blake claims was spent on repairs and maintenance,
pointing to the dilapidated condition of the premises, but there is no evidence to contradict Ms
Blake’s account of the monies spent.
71.
I, therefore, assess the cost of repairs and maintenance over the period ending September 2019
at $58,534.27.
Utilities and Maintenance October 2019 to 10 November 2020
72.
Ms Blake’s spreadsheet sets out the cost of utilities and maintenance of the property from
October 2019 to November 2020. The sum for that period, as by Mr. Flanagan, is $15,373. Ms
Bailey takes no issue with that sum.
Total Costs
73.
I assess the total costs of utilities and maintenance from October 2012 to November 2020 to be
$147,823.
Management fee
74.
Ms Bailey has agreed that some reasonable amount should be set off against the rental income
to compensate Ms Blake for bearing sole responsibility for managing the property over the years.
Ms Blake asserts that she is entitled to a “nominal” fee of $500 a month for managing the
property. Ms Bailey objects to that amount as excessive and proposes a sum no higher than 10%
of the monthly income generated by the units which she estimates, based on Ms Blake’s
disclosure, to be approximately $463 a month. I consider the $500 proposed by Ms Blake to be
reasonable and not far off from the sum Ms Bailey was willing to agree.
75.
I set off the further sum of $49,000 for the period to November 2020.
220519 Velma Bailey v Veloneek Blake –G 209/2019 - Judgment 2
17 of 17
Issue 3: Sum Due to Ms Bailey to November 2020
76.
The net profit earned from the rental accommodations between October 2012 and November
2020 is $182,282 ($379,105 - $196,823). The sum due to Ms Bailey as joint owner of the property
is $91,141, of which sum $50,905.59 has already been paid by Ms Blake on account.
ORDER
77.
Ms Blake shall pay to Ms Bailey the sum of $40,235.41.
78.
The rule is that costs follow the event. I discount the costs by 30% to reflect the difference
between the sum which Ms Bailey advised Ms Blake she would be willing to accept in satisfaction
of her claim for an account and the sum which the Court has found is due to her.
DATED 19 MAY 2022
Hon Mrs. Justice Ramsay-Hale
Judge of the Grand Court