Tenantries Control Act

1 L.R.O. 1985 Tenantries Control CAP. 239 Sk< rio;\ 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Il. CHAPTER 239 TENANTRIES CONTROL ARRANGEMENTOFSECTIONS Short title. Interpretation. No division or sale of lots in prescribed area without permission. Limitationsonordersofejectment. Powers of court in ejectment proceedings. Control ofincreases of rent. Regulations. Penaltyforchargingexcessrent. Falseentries. General penalty. Limitationofprosecution. THE LAWS OF BARBADOS Printed by the Covcrnment Prlnring Departmcnl. Bay Street. St. Michael, by the authority of the Govcrnmcnt of Barbados 3 L.R.O. 1985 Tenarltries Control CAP. 239 ss.l-3 CHAPTER 23? TENANTRIES CONTROL AnAct to providefor the control ojmtenuntties. :;;:I;;. 1974-24: 1980-54. 18th June, 19651 Commence ment. 1. This Act may be cited as the Tenantries ControZ Act. Short title. 1980-54. 2. (1) ForthepurposesofthisAct “Minister” means the Minister responsible for Lands; Interpreta ti0n. 1974-24. “tenantry” means any area of land, other than land vested in 1971-34. or leased to the Crown or a statutory board, which is now or shall be hereafter sub-divided into more than 5 lots for the purpose of being let to tenants as sites for chat tel buildings used or intended to be used as dwellings. (2) For the purposes of this Act, two or more contiguous 1974-24. areas of land owned or leased by the same person shall be deemed to be a single area of land. (3) Any land which is or becomes a tenantry by virtue of this Act shall, notwithstanding that the number of lots into which that land is sub-divided is reduced to less than 6, continue to be a tenantryforrhe purposes ofthis Act until the Minister (a) in writing, certifies to the owner or lessee thereof; and (b) by notice published in the i)fli:cialGazette declares, that the land has ceased to be a tenantry for the purposes ofthis Act. 3. (1) No owner or lessee of a tenantry or of any part thereof which now or hereafter is sub-divided into lots for the purpose $0~2;;;; iotsin of being let to tenants for housing shall, without the prior prescribed permission of the Chief Town Planner signified in writing, ~r~~S~~~’ divide or sell any lot or part of such tenantry. ME LAWS OF BARBAC35 Rlnrcd by the Governmcnr Prin!lng Dcpa:tmenr Bay Srreet, 51. Michael. by the authority of the Gownmcnt of Barbados Es.4 CAP.239 Tenan tries Control L.R.O. 1985 4 (2) For the purposes ofthis Act, the provisions of section 16 Cap. 240. of the Town and Country Planning Act shall apply to all applications for permission to sell any lot or lots in a tenantry. (3) Before granting permission the Chief Town Planner shall consult the Minister and shall not grant permission unless the Minister certifies in writing that he is satisfied that the grant of permission will not cause undue hardship to any tenant or tenants. Limitations on orders of 4. No order of ejectment shall be made on the application ejectment. of the owner or lessee or of any agent of the owner or lessee of a tenantry or of any part thereof against any tenant in such a tenantry unless it is proved to the satisfaction of a court of summary jurisdiction under the provisions of any law affecting the relationship oflandlord and tenant that (a) any part of the rent payable in respect of the tenancy is in arrear, in the case of a monthly tenancy for a period of 3 months or more or, where the tenancy is a weekly tenancy, for a period of 13 weeks or more; or (b) the tenant has without the consent in writing of the ownerorlessee parted with the possession of, assigned or sublet thelot held byhim; or (c) the tenant has created a nuisance to the annoyance and detriment of other tenants or of the owner or lessee of the tenantry and has neglected or refused to abate the same after notice given by the owner or lessee or his agent; or (d) the tenant has given notice to quit and in consequence of that notice the owner or lessee has contracted to let or sell the lot in respect of which the notice to quit has been given; or Cap. 228. (e) the tenantry or any part thereof has been compulsorily acquired under the LandAcquisition Actor is allocated in any development plan under any Act for the time being relating to the control of development and use of land for purposes of development of a class inconsistent with its continued use as a tenantry or is required for public purposes; or 5 L.R.O. 1985 Tenari tries Con trOl CAP. 239 ss.56 vj the tenant has been offered by the owner or lessee in writing a new tenancy of the lot at a rent not higher than a rent which is permissible under section 6 but otherwise on the same terms as the existing tenancy and has failed to accept such offer within a reasonable time. 5. (1) Notwithstandinganythingtothecontraryinany other Powers of Act, acourt asked to make an orderofejectment may court in ejectment (a) adjourn the application from time to time; proceedings. (b) stay or suspend execution of the order or postpone the date ofpossession for such time as it thinks fit; (c) from time to time grant further stays and suspensions of execution and further postponements of the date of possession and on such conditions, if any, as the court thinksfit; (d) if such conditions are complied with and the order has been made, discharge or rescind the order. (2) Where, after an owner or lessee has obtained an order of ejectment, it is made to appear to the court that the order was obtained by misrepresentation or the concealment of any material fact, the court may rescind the order, or, if the order has been executed, may order the owner or lessee to pay to the former tenant such sum as appears to the court to be sufficient as compensation for any damage or loss sustained by such tenant. 6. (1) The rent exigible by an owner or lessee immediately controlof before the 1st June, 1974 in respect of any lot in a tenantry $zsesof may, with effect from that date or any date thereafter, be 1974-24. increased by an amount not exceeding 20 percent thereof but no further increase may be made in the rent payable after the date on which it was increased by 20 percent in respect of that lot except in the manner and in accordance with regulations madeundersection7ofthisAct. (2) An owner or lessee who desires to increase the rent of any lot or lots in a tenantry shall make application to the magistrate exercising jurisdiction under paragraph (c) of sub section (2) of section 4 of the Magistrates Jurisdiction and Cap. 116. ProcedureAct, in the magisterial district in which the tenantry THE LAWS OF 0ARBAL-X Printed by the Government PrIntInS Department, Bay Street. St. Michael. by the wlhorlty of the Government of Barbados ss.7-11 CAP.239 Tenantries Control L.R.O. 1985 6 Regulations. Penalty for charging excess rent. l~alse entries. General penalty. Limitation of pro secution. Cap. 116. or any part thereof in respect of which the application is made is situated. 7. (1) The Minister may make regulations for fixing the rent of any lot or lots in a tenantry and generally for carrying out the purposes ofthis Act. (2) All regulations made under this Act shall be subject to negative resolution. 8. (1) Any owner or lessee of a tenantry who demands or receives any rent in excess of the rent which is permissible under this Act or who increases the rent otherwise than in accordance with subsection (1) of section 7 shall be guilty of an offence and shall be liable on summary conviction to a penalty of$20Oorimprisonmentfor6months. (2) Where a prosecution for an offence under subsection (1) has been instituted, a magistrate may, in addition to the fine or sentence, if any, imposed by him, order an owner or lessee convicted of such an offence to pay to the tenant any sum paid by him in excess ofthe permitted rent. 9. Any person who in any rent book or similar document or on any receipt makes any false entry or any entry showing or purporting to show that a tenant is in arrear of payment of rent in respect of any sum which by virtue of this Act is not per mitted shall be guilty of an offence and shall be liable on summary conviction to a penalty of $100 or imprisonment for 3 months. 10. Any person contravening any of the provisions of this Act for which a penalty is not hereinbefore provided shall be liable on summary conviction to a fine of $100 or imprisonment for 3 months. 11. Proceedings before a magistrate in respect of any offence under this Act may, notwithstanding anything to the contrary contained in the Magistrates Jurisdiction and Procedure Act, be taken at any time within 2 years from the date on which the offence was committed.