Land Tenants (Security of Tenure) (Forms and Notices) Regulations (Cap. 59:54)

www.legalaffairs.gov.tt Land Tenants (Security ofTenure] LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS 22 Chap. 59:54 [Sub~idhtry] 3511 982. Citation and commencement. Interpretation. Schedul e. Memorandum of lease. Forms. Schedul e. LAND TENANTS (SECURITY OF TENURE) (FORMS AND NOTICES) REGULATIONS made under section 18 1. These Regulations may be cited as the Land Tenants (Security of Tenure) (Forms and Notices) Regulations, and shall come into operation on the 15th day of March, 1982. 2. In these Regulations (a) a "Form" referred to by number means the Form so numbered in the Schedule: (b) "Notice" means a written notice. 3. (1) At any time during the continuance of a statutory lease either the landlord or the tenant may require the tenant or landlord to sign a memorandum of such lease setting out the terms and conditions thereof. (2) Every such memorandum of lease shall be prepared in the Form prescribed by regulation 4 and shall be signed by the landlord and the tenant or their agents acting in that behalf and attested before a Justice of the Peace. (3) Upon execution of such memorandum of lease in accordance with this regulation the landlord shall deliver a signed duplicate thereof to the tenant. (4) Every landlord or tenant who, on being required to do so refuses , without reasonable cause, to sign or cause to be signed on his behalf any original or duplicate of such memorandum of lease referred to in this regulation is guilty of a summary offence and is liable to a fine of five hundred dollars. 4. (1) In this regulation "section" means a section of the Act. (2) The forms in the Schedule, or forms substantially to the like effect, shall be used for the following purposes: (a) memorandum of statutory lease for the purpose of regulation 3-Form 1; UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt Chap. 59:54 23 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Land Tenants (Security ofTenure] Lalld Ti!ll cm /s (S ecuri /y oj" Te"'IJ'Y!) (Fo rms and N o / i ces ) R egulcllio1t.\· [Sub~idi:try ] (h) memorandum of agreement under section 5(6) (Memorandum of Agreement to purchase land) Form 2; (c) tenant's notice under section 9(1) [Notice in exercise of option to purchase land conferred by section 5(5)]-Form 3; (d) tenant's notification under section 9(1) (Notification to Mortgagee of the service on landlord of notice in exercise of tenant's option to purchase land)-Form 4; (e) landlord's notice under section 9(2) (Notice in reply to tenant's notice in exercise of option to purchase Iand)-Form 5; (J) tenant's notice under section 4 (Notice of renewal of statutory lease)-Form 6; (g) tenant's application under section 10(1) (Application for landlord's consent to an assignment or subletting)-Form 7; (h) landlord's notice under section 10(2) (Notice of consent to or refusal of assignment or subletting)-Form 8. L.R.O. 112006 UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt Land Tenants (Security ofTenure] LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS 24 Chap. 59:54 [Sub~idhtry ] Lan d Ten ants (S ecu rit y ofTen ure} t Fo rms and N otices) Reg u}a tio ns SCHEDULE FORM 1 THE LAND TENANTS (SECURITY OF TENURE) ACT, CH. 59:54 FORM OF MEMORANDUM OF STATUTORY LEASE REQUIRED BY REGULATION 3 REPUBLIC OF TRINIDAD AND TOBAGO MEMORANDUM OF STATUTORY LEASE SIGNED PURSUANT TO REGULATION 3(1) OF THE LAND TENANTS (SECURITY OF TENURE) (FORMS AND NOTICES) REGULATIONS. 2. Ad d r c se of landlord . 3 . Oc cupation of landlord . 4 . Name or ten ant . 5. Address of tenant . 6. Occupation of t en ant . 7. Date of comme nce me nt of sta tutory lease: Ist Jun e, 1981 . 8 . Term of lease: thirty years commencin g from the lst Jun e, 1981 . 9 .Valu e of land without takin g into ac count th e c ha tte l hou se th ereon I D. Rent [calculated in accordance with section 5(3) of the Land Tenants (Security of Tenure) A Cl,]: $ pt:r annum/month .;. payable in allvance/arre ars and subject to right of distress for non-payment of rent due and unpaid. 13. Ar ea (and mea surem ent) of land . UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt Chap. 59:54 25 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Land Tenants (Security ofTenure ] L alld Ti!ll cm /s (Securi/y oj" Te"'IJ'Y!) (Forms and No /ices) R eg u lcll i o1t.\· [Sub~idi:try ] I 5. Right of renew al The tenant has a right of renewa l of th e lease subject i n acc orda nce with section 4 of the Act to service by te nant up on the landl ord of a notice of such renewal at least six month s before expiratio n of the exi sting term, such renewal to be for a ter m of thirty yea rs su bject to th e same term s and conditio ns and to the same covenants (if any) of the lease save a right of renewal. 16 . Opti on to pur chase Option to pur chase at a price not exceeding fifty per cent of the open market va lue of the land without the chatte l house but subjec t to serv ice by the tenant on the landlord and mortgagee (if any) of notice to purc hase in accordance with sections 5 and 9 of th e Act, such mark et va lue to be asce rta inable as at date of serv ice of notice. 17. Landlord's redress for non-payment of rent in arrears for six month s Landlord may apply to the High CourtJLand Commission" for redress und er sections 5 and 7 of the Act. 18. Ri ght to ass ign or s u bl c t Th e tenant to have a right to assig n or sublet with the CLJUM,u l LJ I" t.lrc laudlunt uu appli ca tiu u i u wri tiug under sections 5(8) and 10 of the Act. 19 . Service of not ices, etc . Either by delivery personally to the addressee or by leaving it at his usual or last known place of abode or business, or by posting it by registered lett er addresse d to him at his usual or last know n place of a bode or business. Si gn atu re of landl ord S i g n a t u r c of t en ant Sig na tur e of att cs ti ng wi tncss . *D eJete where inappl icabl e. L.R.O. 112006 UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt Land Tenants (Security ofTenure ] LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS 26 Chap. 59:54 [Sub~idhtry ] Land Ten ants (S ecu rit y ofTen ure} t Fo rms and N otices) Reg u}a tions FORM 2 TIlE LAND TENANTS (SE CURITY OF TENURE) ACT, e n , 59;54 FORM OF AGREEMENT TO PURCHASE LAND BY INSTALMENTS REPUBLIC OF TRINIDAD AND lDBAGO AN AGREEMENT P URS UANT TO SE CTION 5(6) OF TIlE L AND TENANTS (SECU RI T Y OF TEN URE) A CT An Agreement made th is day of in th e year of Our Lord tw o t ho usa nd and betw een of . (hereinafter called "the Vendor") of the one part a n d . o f . (herei nafter called "the Purchaser" ) of the other part . WHEREBY IT IS AGREED AS FOLLOWS: I . The Vendor will sell and the Purchaser will buy the fee si mple in possession of all tlzat land hereinaft er referred to as "the land" comprising (area or approxim ate area) and being (dcscrtptto n) situate at in the Ward or . in the Isl and of wh ich th e Pur chaser hol ds of th e Vendor under a statutory lease under the Land Tenants (Security of Tenure) Act, Ch. 59:54 of the Laws of Trinidad and Tob ago. The land is sold free from all landl ord 's encumbrances . 2. Th e purc ha se pri ce shal l be . ....... . . . ........... . . ..... . . ...... ...... . . . ......... ... .......... . . ......... do llars of w hich t he sum of doll ar s by wa y of depo sit is now paid to the Vendor (the rece ipt of which the Vendor acknow ledges) and the balance of the purchase money shall be paid by equal monthl y/hal f yearly/yearly instalments of .. .... ...... ..... ..... ........... ..... ... ... .. d oll ar s each th e fir st of su ch instalments to be paid on th e day of next and th e subseque nt instalments to be paid on their du e dates until pay ment of the whole pur chase mon ey has been made. Until the final instalm ent of the purchase pr ice shall have bee n pai d th e pu r cha ser shall co nt i nue t o p ay the r ent p ay a ble pursu an t to th e t erm s and conditions of the statutory lease . 3. The Purchaser may at any tim e on giving seve n days' pr evious notice in w r iti ng to the Vendor or to hi s Attorne y-at-la w or agent, payoff the e n ti re ba la nce of the pur chas e money for the time being remaining due. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt Chap. 59:54 27 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Land Tenants (Security ofTenure ] Lalld Tell cm ls tSecurity oI Tellure) (Forms and NOl ices) R eg ulcll io1t.\· [Sub~idi:try ] 4 . On paym ent of the balance of the pur chase money the Vendor shall exec ute a conveyance to the Purchaser of the land sold to be prepared and perfected by and at the expe nse of the Pur chaser and th e engross ment left at the office of the Vendor 's Attorney-at- law for execu tion by the Vendor at least seve n days before the paym ent of the fin al ins talment of the purc hase money. 5 . The said conveyance shall be in such form as may be mutu ally agree d between the part ies. 6. If the Purchaser shall make default in payment of instalments payable under thi s Agree ment after the date fixed for pay ment of the same or after demand, as the case may be, the landlord may in accorda nce with the provision s of the Land Tenants (Security of Tenure) Act, apply to the High CourtlLa nd Commission for redress. As witness our hands the day and year first herein above wri tte n. Sig ned by the above-named Name of Vendor Signature of Vendor in the presence of Signed by the above -named Name of Purchaser Signature o./Pun.:. haser in the presence oI L.R.O. 112006 UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt 28 Chap. 59:54 Land Tenants (Security ofTenure] [Sub~idhtry] Lan d Ten ants (S ecu rit y ofTen ure} t Fo rms and N otices) Reg u}a tio ns FORM 3 THE LAND TENANTS (SECURITY OF TENURE) ACT, CH. 59:54 TENANT'S NOTICE UNDER SECTION 9(1) OF THE ACT TO PURCHASE LAND Th . (Nameand address (~f landlord) Take Notice that L the undersign ed being tenant of th e land dcscri bed in th e Schedul e hereto on which a chattel house is erected, desire to purcha se the said land in the exercise of the right conferred by the Land Tenants (Security of Tenure) Act. The parti culars on whi ch I rely are set out in the Schedul e to thi s notic e. 2. You are requir ed within two month s of the service of this notice to reply hy nnti r-r- in writin g nn th r- prr-sr-rihr-d fnrm , t " ti ng wh r-th r-r nr nnt ynll arlmit my right to pur chase the land (su bject to any question as to the corr ectn ess of the particulars give n in thi s Notice) and , if you do not admit my right , stating th e grounds upon which you do not admit the same. (herestate nameand address (if mortgagee) of the serv ice of this notice upon you. 4 . If you fail to reply to thi s notic e within two month s of se rvice thereof upon you I intend to apply to the Land Commission/High Court" with a vi ew to the enforcement of my right to purchase the land. SIGNED (Tenant ) ...... . . . ........... . ....... ..... ..... ........ ... (Address) Th e name ami address o r Illy Auorncy -at -Iaw or agent W whom further commu nicat ions may be se nt is . UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt Chap. 59:54 29 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Land Tenants (Security ofTenure] L alld Ti!ll cm /s (S ecuri /y oj" Te"'IJ'Y!) (Fo rms and N o / i ces) R eg u lcll i o1t.\· [Sub~idi:try ] SCHEDULE I. Particulars of thc house and land sufficie nt to identify th c property to w hi ch t hc noticc ex te nds . 2 . The prescrib ed va lue or the estimated open market value of the land at thc datc of th i s notic c i s $ . 3 . If a Memorandum of Lease has been sig ned pursu ant to Regulation 3( I ) particulars to ident ity such M cm orand um . 4. The date on which the tcnantacquircd the tenancy . N O'TES I. The landlord must se rve a notice in reply in Form 5 within two months of service on liiru of thi ~ no tice. I f the larul lunl dues Hut ad mi t the It:: Ili:t1 I t'~ I igli l lu p UJd m:-;t: the land the notice in reply must state the grounds on which it is not adm itted. 2. Any landlord whose interest is subject to a mort gage or othe r charge to secure the payment of money should on his receipt of th is notice inform the mort gagee or person entitled to the benefit of the charge . 3 . "Land" to be includ ed in the notice incl udes any garage, ou thous e, ga rde n, yard and appurt enances which at the time of the notice are let to the tenant with the chatte l house and are occupied with and used for the purposes of the house or any part of it by the tenant. *De lete where inapp licab le. L.R.O. 112006 UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt Land Tenants (Security ofTenure] LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS 30 Chap. 59:54 [Sub~idhtry ] Lcmd Ten ants (S ecurit y ,.y·Ten ure) (Fo rm s an d Notices) Regul ations FORM 4 THE L A ND TENANTS (SECURI T Y OF TEN URE) ACT, C H . 59:54 NOTIFICATION TO MORTGAGEE UNDER SECTION 9(1) OF THE ACT Th . (Name ofMo ngagee) of . (Addn · ,,(Mortgag ee) Thi s is to notify yo u th at T, the un dersigned , bein g tenant of land d escribed i n the Schedu le to th e notic e c nc lo scd herew ith , di d o n th e day of .......... ..... .. ...... . .. ..... .. . 20 serve a written notice of my desire to pu r chase th e sa id Iand o n . .. .. .... t he lan dl ord of the said land by (a) delivery of the said notice to him perso nally" (h) leavin g it at the usu al/l ast known/p lace " of abod e of th e said (Name ofLarul lonl) (e) leaving it at the usual/last know n place" of busin ess of the sa id (Name ofLandlord ) th at i s t o sa y at . (d) po sti ng it by registered letter add ressed to him at his usual/last know n/p lace of abode/ busi ness . A copy of the written notice herei nabove referr ed to is enclosed herewith. D at ed t his day of , 20 .. Si gn cd . ('/ i l n l1n J) ..................(Add~;,.~.~j · . "Delete whichever is in applicable, UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt Chap. 59:54 3 1 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Land Tenants (Security ofTenure] L alld Ti!ll cm /s (Securi/y oj" Te"'IJ'Y!) (Forms and No /ices) R eg u lcll i o1t.\· [Sub~idi:try ] FORM 5 THE LAND TENANTS (SECUR I T Y OF TEN URE ) ACT, C H . 59:54 LANDLORD'S NOTICE UNDER SECTION 9(2) OF THE ACT IN REPLY TO TENANT'S NOTICE TO PURCHASE THE LAND Th . (Name ami Address o] Tenan t] I . I have received your noti ce dat ed . claiming the right to purc hase the land descri bed in your notice in accordance with the provisions of the Land Tenant 's (Security of Tenure) Act . *2 . I admit your right (su bjcct to any question as to the correctness of the particulars given i n you r notice). or *3 . I do not admit your right on the followi ng grounds: D ated th e d a y of , 20 Signature (~r Landlord "De lete whic hever is in appl icable. L.R.O. 112006 UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt Land Tenants (Security ofTenure ] LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS 32 Chap. 59:54 [Sub~idhtry ] Lcmd Tenants (Security ,.y·Tenu re) (Forms and Notices) Regul ations FORM 6 THE L A ND TENANTS (SECURI T Y OF TEN URE) ACT, C H . 59:54 NOTICE UNDER SECTION 4(3) OF THE ACT OF RENEWAL OF STATUTORY LEASE Th . (Name and Address o] Landlord) and a ll other, o n w ho m a copy of th is notice m ay b e served. TAKE NOTICE that I, the undersigned, being tenant of the land described in the Schedule hereto, desire to have a renewa l of the statutory lease of the said land in the exercise of the right conferred by section 4(3) of the Land Tenant's (Security of Tenure) Act. Th e particul ars on w hich I rely are set out in the Sc hedule to this notice. Sig ne d (Address) The name and address of my Atto rney -at -law or age nt to whom further co mmu nica tion s may be se nt i s . SCHEDULE I. The address of the land. 2 . D escr ipt ion of th e lan d sufficient to identi fy t he lan d to w hic h the notice ex te nd s . NOTE In o rd er to e xe rc ise the ri ght of renew al of a statutory lease confe rred by section 4 of the Ac t the tenant shall serve on the landlord a written notice of renewal at least six (6) months before the expiration of the statutory lease. * D e let e w hic hever is i napp licab le . UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt Chap. 59:54 33 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Land Tenants (Security ofTenure] Land Ten cm ls tSecurity oITenure) (Form s and NOl ic es) R eg ulcll io1t.\· [Sub~idi:try ] FORM 7 THE LAND T ENANTS (SECU R ITY OF TEN URE) ACT, C H . 59:54 TENANT'S APPLICATION UNDER SECTION 10(1) OF THE ACT FOR LANDLORD'S CONSENT TO AN ASSIGNMENT OR SUBLETTING To .................. ..................... (;V~~;~·4L,;;~di;)~di . of . (Address ofLandlordt landl ord of land si tu ate d at . there in sert Location t~r land) in the Ward o f in t hc I sl and of . I , t he u ndcrsi g ncd , do h cr cb y i nfor m y ou t ha t i t i s my i nt c n tio n to ass ign/s ublct" the ten ancy in re spect of the said land to . (here insert name (!f proposed assignee/subtenant) of . (here insert address ofproposed assignee/subtenant) and j hereby pursuant to section 1(J(l) ofthc Land Tenants (Security of Tenure) Act, apply for your conse nt to the said assignment/ sublettin g>. D ated th e day of , 2(J .. *D clete w hic hev er i s i nap pli c a b le . L.R.O. 112006 UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt Land Tenants (Security ofTenure ] LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS 34 Chap. 59:54 [Sub~idhtry ] Land Ten ants (S ecu rit y ofTen ure} t Fo rms and N otices) Reg u}a tions FORM S THE L A ND TENANTS (SECURI T Y OF TEN URE) ACT, C H . 59:54 LANDLORD'S NOTICE UNDER SECTION 10(2) OF THE ACT OF CONSENT TOIREFUSAL OF ASSIGNMENT/SUBLETTING* Th . (Nam e ofTenant) o f . (Address ofTenant) (Name I!( Landlord) of . (Address o( Landlord) th e landl or d of all t hat lan d situa te at . in the Ward of . in the Is land of bei ng lan d comprised in a statutory lease under the provisions of the Land Tenants (Security of Tenure) Act, measurin g and now know n as No . of which you are tenant, hereby give you notice as follow s: I consent to the ass ig nmcnt/ su bl ct tin g v of the said lan d . or 1 rcfns r- my r-n nsr- nt tn t h e ~ «ie n m" nt!'" h l"tti ne* ofthe sai d la nrl n n th " grounds that Signature of Landlord *Dele te w hic hever i,; i nap p licab le . UPDATED TO DECEMBER 31ST 2009