RENT RESTRICTION ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Application of Act

   4   Implied covenants in tenancy agreements or leases

      Tenants with children not to be excluded

   5   Letting which includes shared accommodation

   6   Certain sub-lettings not to exclude operation of this Act

   7   Application of sections 5 and 6

   8   Power to exempt classes of premises

   9   Rent Assessment Boards

   10   Membership of any panel or Rent Assessment Board not to constitute an office of emolument

      Functions of Assessment Officers

   11   Proceedings of Boards

   12   Power to require returns

   13   Duty to keep register

   14   Functions of Valuation Officers, Valuers and Inspectors

   15   Valuers

   16   Offences relating to functions of Inspectors

   17   Standard rent pending determination by Assessment Officer

   18   Applications to determine standard rent

   19   Determination of standard rent by the Assessment Officer

      Certificate of Assessed Rent

   19B   [Repealed by Act 2 of 1983 s 16]

   20   Maximum permitted rent

   21   How increases in rents may be allowed or restricted

   22   When increases in rent recoverable pursuant to increases in taxes

   23   Statement as to permitted rent to be supplied

   24   Restriction on demand of premiums

   25   Restrictions of right to possession

   26   Termination of tenancy of public and commercial buildings

   27   Prohibition of eviction of tenant

   28   Conditions of statutory tenancy

   29   Rent books

   30   General penalty

   31   Notice to quit

   32   }

   33   }

   34   }[Repealed by Act 2 of 1983 s 24.]

   35   }

   36   Order for payment of overdue rent or for refund of excess rent

   37   Regulations

      SCHEDULES

 

THE RENT RESTRICTION ACT

[Date of Commencement: 9th October, 1944]

Cap 341.

Laws
31 of 1954,
70 of 1958,
41 of 1960,
27 of 1961.

Acts
22 of 1965,
20 of 1968,
43 of 1973,
29 of 1976,
1 of 1978,
36 of 1979,
2 of 1983.

1   Short title

   This Act may be cited as the Rent Restriction Act.

2   Interpretation

   (1) In this Act-

   "agricultural land" does not include the garden of a house or building, or land within the curtilage of a house or building;

   "Assessment Officer" means a Rent Assessment Officer appointed under section 9 (8);

[2/1983 s 2(a).]

   "Board" means a Rent Assessment Board constituted under section 9 for the area in which any premises in question are situated;

   "building land" means land let to a tenant for the purpose of the erection thereon by the tenant of a building used, or to be used, as a dwelling or for the public service or for business, trade or professional purposes, or for any combination of such purposes, or land on which the tenant has lawfully erected such a building, but does not include any such land when let with agricultural land;

   "dwelling-house" means a building, a part of a building separately let, or a room separately let, which at the material date was or is used mainly as a dwelling or place of residence, and includes land occupied with the premises under the tenancy, but does not include a building, part of a building, or room when let with agricultural land;

   "furniture" includes fittings, machinery and other articles used in premises but not forming part thereof;

   "landlord" includes any person deriving title under the original landlord and any person who is, or would but for the provisions of this Act be, entitled to the possession of the premises, and shall, for the purpose of the enforcement of any provisions of this Act whereby any liability is imposed on a landlord, be construed also to include any agent having charge, control or management of the premises on behalf of the landlord;

[22/1965 s 2.]

   "let" includes "sub-let";

   "let furnished" means let at a rent which includes payment for the use of furniture, and "let unfurnished" shall be construed accordingly;

   "public or commercial building" means a building, or a part of a building separately let, or a room separately let, which at the material date was or is used mainly for the public service or for business, trade or professional purposes, and includes land occupied therewith under the tenancy but does not include a building, part of a building or room when let with agricultural land;

   "standard rent", in relation to premises let at the commencement of this Act, or hereafter let, means the standard rent of such premises ascertained in accordance with this Act and appropriate to the category of letting in which the same are let;

   "tenant" includes a sub-tenant and any person deriving title from the original tenant or sub-tenant, as the case may be;

   "tenancy" includes "sub-tenancy".

   (2) For the purposes of this Act one letting of premises shall be deemed to be in the same category as another letting of the premises if both lettings are of-

   (a)   building land; or

   (b)   a dwelling-house let unfurnished; or

   (c)   a dwelling-house let furnished; or

   (d)   a public or commercial building let unfurnished; or

   (e)   a public or commercial building let furnished, and if, in the case of two lettings of furnished premises, the furniture is of approximately the same quality and quantity on each letting.

3   Application of Art

   (1) This Act shall apply, subject to the provisions of section 8 to all land which is building land at the commencement of this Act or becomes building land thereafter, and to all dwelling-houses and public or commercial buildings whether in existence or let at the commencement of this Act or erected or let thereafter and whether let furnished or unfurnished:

[36/1979 s 2(a).]

   Provided that this Act shall not apply to-

   (a)   a dwelling-house while let at a rent which bona fide includes payment for board; or

[29/1976 s 3(a).]

   (b)   building land while let on a building lease, or a renewal or continuance of a building lease, for a term of twenty-five years or more, or

   (c)   a dwelling-house while let by the Minister responsible for housing pursuant to the provisions of the Housing Act;

[70/1958 s 4(a).]

   (b)   dwelling-houses of any class declared by an order made under section 8 to be exempted premises, save as respects the provisions of section 12:

[43/1973 s 4(b).]

   (e)   a public or commercial building which, pursuant to an application by a landlord for a certificate of exemption, an Assessment Officer certifies-

[2/1983 s 3(a).]

         (i)   exceeds one thousand square feet in area and is, for the time being, designed to be used primarily as a warehouse; or

         (ii)   is of such a valuation at the prescribed date as to warrant being let at such standard rent (exclusive of any amount payable for service) as the Minister may, by order, prescribe; or

         (iii)   is constructed after 31st August, 1980, or having been in construction before that date, is completed thereafter;

         (iv)   is constructed prior to the 31st August, 1980 and purchased, in a transaction at arm's length, by another person after that date but not later than the 31st October, 1982.

   (1A) Any order made pursuant to paragraph (e)(ii) of the proviso to subsection (1) shall be subject to affirmative resolution.

[2/1983 s 3(b).]

   (1B) In relation to; paragraph (e) of the proviso to subsection (1)-

   (a)   an Assessment Officer may require information to be furnished to him by a tenant as well as by a landlord;

   (b)   if the design or manner of usage of the building changes at any time the owner or the landlord, as the case may be, shall within ninety days after such change is implemented notify the Assessment Officer that the change has taken place; and, if he fails to do so, he shall be guilty of an offence under this Act;

   (c)   the prescribed date has the same meaning as in section 19.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.