Landlord and Tenant (Amendment) Act 2009 (No. 21 of 2009)

Acts 2009 THE LANDLORD AND TENANT (AMENDMENT) ACT 2009 Act No. 21 of 2009 I assent SIR ANEROOD JUGNAUTH 22ndDecember 2009 President of the Republic ARRANGEMENT OF SECTIONS Section 1. Short title 2. Interpretation 3. Section 3 of principal Act amended 4. Section 9 of principal Act amended 5. Section 34 of principal Act amended 6. Second Schedule to principal Act repealed and replaced 7. Commencement SCHEDULE –––––––– An Act To amend the Landlord and Tenant Act in relation to business premises let on or before 1 July 2005 ENACTED by the Parliament of Mauritius, as follows – 1. Short title This Act may be cited as the Landlord and Tenant (Amendment) Act 2009. 2. Interpretation In this Act – “principal Act” means the Landlord and Tenant Act. 869 3. Section 3 of principal Act amended Section 3 of the principal Act is amended, in subsection (2)(ab), by deleting the words “30 June 2012” and replacing them by the words “31 December 2017”. 4. Section 9 of principal Act amended Section 9 of the principal Act is amended, in subsection (4), by deleting the words “the formula set out in”. 5. Section 34 of principal Act amended Section 34 of the principal Act is amended, in subsection (2), by inserting, after the words “may provide”, the words “for the amendment of the Schedules and”. 6. Second Schedule to principal Act repealed and replaced The Second Schedule to the principal Act is repealed and replaced by the Second Schedule specified in the Schedule to this Act. 7. Commencement This Act shall come into operation on 1 January 2010. Passed by the National Assembly on the eighteenth day of December two thousand and nine. Ram Ranjit Dowlutta Clerk of the National Assembly Acts 2009870 SCHEDULE [Section 6] SECOND SCHEDULE [Section 9(4)] 1. In paragraph 2 – “A” means – (a) the market rent of the business premises as agreed by the landlord and the tenant; or (b) where no such agreement has been reached, the market rent as determined by the Tribunal; and “B” means the rent payable immediately before the agreement on, or the determination of, the market rent, as the case may be. 2. The rent payable for any business premises let on or before 1 July 2005 may be increased by an amount equivalent to 10% xA-B) – (a) (i) where the rent has, pursuant to section 9(4), been increased before 1 January 2010, at the end of 12 completed months from the date of the last increase; or (ii) where no such increase has been effected, on the first day of the month which follows the date of an agreement on, or a determination of, the market rent; and at the end of every subsequent completed period of 12 months. Acts 2009 871