Landlord and Tenant (Forms, Fees and Costs) Rules

BELIZE LANDLORD AND TENANT ACT CHAPTER 189 REVISED EDITION 2003 SHOWING THE SUBSIDIARY LAWS AS AT 31ST OCTOBER, 2003 This is a revised edition of the Subsidiary Laws, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Substantive Laws of Belize, Revised Edition 2000. ARRANGEMENT OF SUBSIDIARY LAWS BELIZE LANDLORD AND TENANT ACT CHAPTER 189 REVISED EDITION 2003 SHOWING THE SUBSIDIARY LAWS AS AT 31ST OCTOBER, 2003 This is a revised edition of the Subsidiary Laws, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Substantive Laws of Belize, Revised Edition 2000. This edition contains a consolidation of the following laws- Page LANDLORD AND TENANT (FORMS, FEES AND 3 - 11 COSTS) RULES THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Landlord and Tenant [CAP. 189 [ ] 3 CHAPTER 189 LANDLORD AND TENANT (FORMS, FEES AND COSTS) RULES ARRANGEMENT OF RULES 1. Short title. 2. Forms. 3. Fees and costs. Landlord and TenantCAP. 189] THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 4 [ ] CHAPTER 189 LANDLORD AND TENANT (FORMS, FEES AND COSTS) RULES [Section 69] 1. These Rules may be cited as the LANDLORD AND TENANT (FORMS, FEES AND COSTS) RULES. 2. The forms set out in Part I of the Schedule to these Rules are prescribed pursuant to section 69 of the Landlord and Tenant Act. 3. The fees and costs set out in Part II of the said Schedule are the fees and costs which are to be demanded and taken in respect of the several matters to be done under the said Act. Ch. 201. Ch. 153. 94/1985 Short title. Forms. CAP. 189. Fees and costs. lealj THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Landlord and Tenant [CAP. 189 [ ] 5 SCHEDULE PART I Form No. I DISTRESS WARRANT [Section 29] BELIZE, To WIT: To Bailiff of the Court, to and to all police officers of Belize: WHEREAS ,of , (occupation) hath this day in writing and upon oath before the undersigned magistrate stated that of is tenant to the said in respect of premises situate at and that the sum of being rent of the said premises is due for the period beginning and ending and that the said tenant remains in default of payment thereof for more than seven days: These are therefore to command you forthwith between the hours of 8 a.m. and 4 p.m. to enter the said premises (by force if needful) in the presence of the landlord or his agent and under his direction to distrain the goods and chattels of the said tenant sufficient to satisfy the amount due and costs, except the wearing apparel and bedding of the said tenant or his family and to the value of twenty-five dollars the tools and implements of his trade, and to proceed thereon for the recovery of the said rent as the law directs. Landlord and TenantCAP. 189] THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 6 [ ] Given under my hand and seal this day of in the year of Our Lord at in Belize. Magistrate, Judicial District Form No. 2 INVENTORY OF GOODS DISTRAINED [Section 29] BELIZE: I, , the undersigned, have this day by virtue of a warrant dated the day of , 2 , and issued by the Magistrate (state judicial district) distrained the following goods and chattels in the dwelling-house (or, in and upon the land and premises) of situate at for the sum of dollars, being the amount of rent due to of for the same on the day of last. (Enumerate the goods and chattels) Dated this day of ,2 . Bailiff/or Police Officer. THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Landlord and Tenant [CAP. 189 [ ] 7 Form No. 3. ORDER FOR RECOVERY OF POSSESSION [Section 53] IN THE MAGISTRATE’S COURT ( ) Judicial District. BETWEEN A.B. of Plaintiff and C.D. of Defendant Upon the hearing of this cause a Court holden this day doth order that the defendant do give to the plaintiff possession of a certain piece of land (as the case may be) situate at in the district, forthwith or within days of the date hereof, and doth adjudge that the plaintiff do recover against the defendant the sum of dollars for rent (or for mesne profits or, for rent and mesne profits) and costs. Given under my hand this day of 2 . Magistrate, Judicial District Landlord and TenantCAP. 189] THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 8 [ ] Form No. 4 EJECTMENT WARRANT [Section 53] BELIZE, TO WIT: IN THE MAGISTRATE’S COURT ( ) Judicial District. BETWEEN A. B. of Plaintiff and C.D. of Defendant. To the Bailiff of the Court, District and to all peace constables of Belize: WHEREAS at a Court holden on the day of , 2 , it was ordered that the defendant should give to the plaintiff possession of certain premises (here state the order of Court) situate at in the judicial district within days of the making of the said order: AND WHEREAS the defendant has not obeyed the said order: These are therefore to authorise you and require you within (seven) days from the date hereof, between the hours of 8 a.m. and 4 p.m. (Sunday, Good Friday, Christmas Day or any public holiday excepted) to enter (by force if needful) and with or without assistance, the premises hereinbefore described and to eject therefrom any person and of the said premises to give full and peaceable possession to the plaintiff. THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Landlord and Tenant [CAP. 189 [ ] 9 Given under my hand and seal this day of , 2 . Magistrate, Judicial District PART II FEES AND COSTS Recovery of Possession 1. Upon filing a complaint (issuing the summons, hearing, entry $ c of Judgment) (a) when claim is for recovery of possession only..............................………………. 2.50 (b) when claim for an amount not exceeding $50.00……..............................……… 3.00 (c) when claim for an amount exceeding $50.00 ………………......................... 4.00 2. Upon issuing every summons to a witness and for taking declaration of service …................................................................ 1.00 3. For every writ of execution or commitment …………….... 2.50 94/1985 Landlord and TenantCAP. 189] THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 10 [ ] 4. Ejectment warrant …………………………………..... 3.00 5. Poundage, five per cent. on amount realised on any sale and paid into court. 6. Mileage to be paid as a personal fee to the person serving or executing any process, in respect of every mile actually and properly travelled in order to effect such service or execution one way only (a) to a bailiff, for every mile beyond the first mile from theCourt House of the judicial district in which process is served or executed ........…………... 1.00 (b) to a police officer, for every mile beyond the first mile from the police station at which the officer is, for the time being stationed .......................... 1.00 FEES AND COSTS PAYMENT OF MONEY INTO COURT 7. On payment into Court $ c (a) where the money so paid does not exceed $50.00 ........... 1.00 (b) where the money so paid exceeds $50.00 ....................... 2.00 (c) where such money is paid into a court other than that in which the proceedings originated, a further fee shall be payable THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Landlord and Tenant [CAP. 189 [ ] 11 (i) where the money so paid does not exceed $50.00……………………….. 1.00 (ii) where the money so paid exceeds $50.00 2.00 DISTRESS 8. For every distress warrant ..…………………………...... 2.50 9. The costs of levy made by a bailiff under the authority of a warrant to distrain shall be according to the following scale and shall be a personal fee to the bailiff: (a) where the sum distrained for is more than ten dollars but less than $100.00 ……… 5.00 (b) where the sum is $100.00 but less than $500.00 ………………………………. 10.00 (c) where the sum is $500.00 and over........ 15.00 (d) all incidental expenses including keeping possession and sale. 10. The charges of the bailiff if he conducts a sale shall not exceed two and one half per cent.