Rent Restriction (CAP. 378 1

CHAPTER 378

THE RENT RESTRICTION ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Application of Act.
4. Appointment of Rent Commissioners.
5. Limitation on increase of rent.
6. Increase of rent.
7. Fixation of standard rent.
8. Powers of Rent Commissioners.
9. Right of Appeal.

10. Rent in excess of standard rent irrecoverable.
11. No premium to be chargeable in respect of tenancy.
12. Restriction on right to possession.
13. Variations of standard rent.
14. Powers of Chairman of the Rent Commissioners.
15. Counsel and solicitors.
16. Fees.
17. Appointment and duties of Rent Restriction Officer.
18. Offences.
19. Penalty.
20. Proceedings for offences, how instituted.

SCHEDULE

LAWS OF ANTIGUA AND BARBUDA

Rent Restriction (CAP. 378 3

RENT RESTRICTION

(12th September, 1947 . ) 1311947.
1211950.
511960.
1811989.

S.I. 3911989.

1. This Act may be cited as the Rent Restriction Act. Short title,

2. In this Act- Interpretation.

"building land" means land let to a tenant for the ~.511960.
purpose of the erection or placing thereon by the
tenant of a building used, or to be used, as a
dwelling house, 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 or placed such a
building; but does not include agricultural land to
which the Agricultural Small Holdings Act, applies; Cap. 12.

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

"furniture7' includes fittings, machinery and other
articles used in premises not being fixtures;

"landlord" includes any person deriving title under the
original landlord and any person who is entitled
to the possession of the premises;

"let7 ' includes sub-let;

"let furnished" means let at a rent which includes
payment for the use of furniture;

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4 CAP. 378) Rent Restriction

"new building" means a dwelling-house or a public or
commercial building erected after the 3rd day of
September, 1939;

1

"public or commercial building" means a building, or
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;

"Rent Commissioners" means the persons appointed
under section 4;

"standard rent" means in relation to any building land
or dwelling-house or public or commercial building
the rent at which the building land or dwelling-
house or public or commercial building was let on
the 3rd day of September, 1939, or, where the
building land or dwelling-house or public or
commercial building was not let on that date, the
rent at which it was let before that date, or, in the
case of any building land or any dwelling-house
or public or commercial building not being a new
building but one which was first let after the 3rd
day of September, 1939, a rent to be fixed by the
Rent Commissioners appointed under this Act, or
in the case of any new building, the rent at which
it was first let:

Provided that, in the case of any building land or
dwelling-house or public or commercial building let at a
progressive rent payable under a tenancy agreement or lease,
the maximum rent payable under such tenancy agreement
or lease shall be the standard rent;

L 6 tenant" includes a sub-tenant and any person deriving
title from the original tenant or sub-tenant, as the
case may be;

' 6 tenancy" includes "sub-tenancy ."

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Rent Restriction (CAP. 378 5

3. This Act shall apply to all land which is building i!:lication of
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:

Provided that this Act shall not apply to any dwelling-
house bonlfide let at a rent which includes payment in respect
of board, attendance or use of furniture; or to 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.

4. (1) The Minister may for the purpose of carrying t~ ,~ ," intment of
into effect the provisions of this Act appoint three fit and com,iss~oners.
proper persons, one of whom shall be a government officer,
to be Rent Commissioners for Antigua and Barbuda.

( 2 ) The Minister shall appoint one of such persons to
be Chairman of the Rent Commissioners.

5 . It shall not be lawful for the landlord to increase Limitation on
increase of rent.

the rent of-

( a ) any new building to which this Act applies
beyond the standard rent thereof unless the increase is
sanctioned by the Rent Commissioners in accordance
with the provisions of section 6;

( b ) any building land or dwelling-house or public
or commercial building to which this Act applies, other
than a new building, to an amount which exceeds the
standard rent by more than fifteen per centum unless
the increase is sanctioned by the Rent Commissioners
in accordance with the provisions of section 6.

6. (1) O n the application of the landlord and subject Increase of rent.
to the provisions of subsection ( 2 ) the Rent Commissioners
may sanction an increase of the rent of-

( a ) any new building to which this Act applies;

( 6 ) any building land or dwelling-house or public
or commercial building to which this Act applies, other
than a new building, by an amount which exceeds the
standard rent by more than fifteen per centum.

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6 CAP. 378) Rent Restriction

(2) The Rent Commissioners may-

(a) Where the landlord has since the 3rd day of
September, 1939, incurred, or hereafter incurs,
+xpenditure

(i) on substantial improvements or structural
alterations to a dwelling-house or public or
commercial building other than ordinary
repairs;

(ii) on substantial improvements made to the road-
way adjacent to the land other than necessary
maintenance and drainage;

(iii) in providing a suitable water supply or the
extension of such a water supply from which
the tenant derives benefit,

sanction an increase of rent by an amount calculated
at a rate per annum not exceeding eight per centum
of the amount so expended.

( 6 ) Where the landlord has since the 3rd day of
September, 1939, incurred, or hereafter incurs
expenditure on repairs to a dwelling-house or public or
commercial building, sanction an increase of rent by
&n amount calculated at a rate per annum not exceeding
twenty per centum of the standard rent.

(c) Where the rates and taxes payable by a landlord
in respect of any building land, or dwelling-house or
public or commercial building have been increased,
sanction an increase of rent by an amount not exceeding
the amount of the increase in the rates and taxes payable
by the landlord in respect of the building land or
dwelling-house or public or commercial building.

(3) A copy of an application under this section shall
be served on the tenant if the premises are occupied.

Fixation of
standard rent.

7. It shall be lawful for the Rent commissioners at
any time, by notice in writing served on the landlord, to
require him to apply to them, within a time to be specified
in the notice, to fix the standard rent of any new building
or building land or dwelling-house or public or commercial
building to which this Act applies; and if the landlord shall

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Rent Restriction (CAP. 378 7

fail so to apply, he shall be guilty of an offence against this
Act; and the Rent Commissioners may fix such standard
rent as though he had so applied.

8. O n the hearing of any application by the Rent ~ ~ ~ s ; ~ o i f ~ r " , ~
Commissioners, whether it be in respect of an application
by the landlord under section 6 or in relation to a request
to the landlord by the Rent Commissioners to apply for the
fixation of the standard rent under section 7 the Rent
Commissioners shall give all interested parties an opportunity
of being heard and of adducing evidence and shall try the
whole matter of the application and give judgment or make
any order thereon, and shall give any direction they may
consider necessary to enable them to give a final judgment
or to make an order, and may from time to time adjourn
the hearing of the application.

9. (1) If any -party to any proceedings before the Rent Right of Appeal.
Commissioners under section 6 or section 7 is aggrieved by
the decision of the Rent Commissioners such party may
appeal therefrom to a Judge of the High Court by way of
summons in Chambers within fifteen days from the date of
the decision and shall serve a notice on the Rent
Commissioners of his intention to appeal against such
decision:

Provided that notwithstanding the lapse of such period
of fifteen days any such party may appeal against the said
assessment if he shows to the satisfaction of a Judge that
owing to absence from Antigua and Barbuda, sickness or
other reasonable cause, he was prevented from appealing
within such period, and that there has been no unreasonable
delay on his part.

(2) Such summons shall be served on the other party
(if any) to the proceedings two clear days before the return
thereof and shall state concisely the grounds of appeal.

(3) O n receipt of the aforesaid notice the Rent
Commissioners shall without delay transmit to the Registrar
of Antigua and Barbuda all papers relating to such appeal.

(4) The Judge may adjourn the hearing of the appeal
and may upon the hearing thereof confirm, reverse or modify

LAWS OF ANTIGUA AND BARBUDA

CAP. 378) Rent Restriction

Rent in excess of
standard rent
irrecoverable.

No premium to
be chargeable in
respect of
tenancy.

Restriction on
right to
possession.

the decision of the Rent Commissioners or make such other
order in the matter as he may think just.

(5) The costs of the appeal shall be in the discretion
of the Judge hearing the appeal and shall be a sum fixed
by the Judge.

10. Where after the commencement of this Act the
rent of any building land or dwelling-house or public or
commercial building to which this Act applies exceeds the
standard rent by more than fifteen per centum and the excess
is not sanctioned by the Rent Commissioners the amount
by which the rent exceeds the standard rent as increased by
fifteen per centum shall notwithstanding any agreement to
the contrary, be irrecoverable from the tenant and if it is
paid by the tenant shall be recoverable by him from the
person to whom it was paid or his personal representatives
and may, without prejudice to any other method of recovery
be deducted from any rent or money due or subsequently
becoming due from the tenant:

Provided that no amount paid before the commencement
of this Act shall be recoverable.

1 . A landlord shall not, as a condition of the grant,
renewal or continuance of a tenancy of any building land
or dwelling-house or public or commercial building to which
this Act applies, require payment of any fine, premium or
other like sum, or the giving of any consideration, in addition
to the rent; and where any such payment or consideration
shall be paid or given after the commencement of this Act,
the amount or value thereof shall be recoverable by the tenant
by whom it was made or given, and without prejudice to
any other method of recovery be deducted from any rent
payable by him to the landlord.

12. No notice to quit any building land or dwelling-
house or public or commercial building to which this Act
applies shall have effect unless-

(a) some rent lawfully due from the tenant has not
been paid for at least thirty days after it has become
due; or

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Rent Restriction (CAP. 378 9

(b) some other obligation of the tenancy (whether
expressed or implied) has been broken or not performed
and, in the case of non-performance of any such
obligation by the tenant, the tenant has been in default
for at least thirty days; or

(c) the tenant or any person residing or lodging
with him or being his sub-tenant has been guilty of
conduct which is a nuisance or annoyance to adjacent
or adjoining occupiers, or has been convicted of using
the premises or allowing the premises to be used for
an immoral or illegal purpose, or the condition of the
premises has, in the opinion of the court, deteriorated
or become insanitary owing to acts of waste by, or the
neglect or default of, the tenant or any such person and,
where such person is a lodger or sub-tenant, the court
is satisfied that the tenant has not, before the making
or giving of the notice to quit, taken such steps as he
ought reasonably to have taken for the removal of the
lodger or sub-tenant; or

(6) the premises, being a dwelling-house or a public
or commercial building, are reasonably required by the
landlord for-

(i) immediate occupation as a residence for
himself or for some person wholly dependent
upon him or for any person bonrifide residing
with him, or for some person in his whole time
employment; or

(ii) use by himself for business, trade or
professional purposes; or

(iii) a combination of the purposes in sub-
paragraphs (i) and (ii) above; or

(e) the premises, being building land, are
reasonably required by the landlord for-

(i) the erection of a building to be used for any
of the purposes specified in paragraph (6); or

(ii) use by himself for business, trade or
professional purposes not involving the erec-
tion of a building; or

(iii) a combination of such purposes; or

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10 CAP. 378) Rent Restriction

V) the premises, being a dwelling-house or a public
or commercial building, are required for the purpose
of being repaired, improved, or rebuilt, and an under-

i
taking is given that the landlord will, immediately after
the completion of the repairs, improvements or re-
building, give the tenant an opportunity for renewing
his tenancy at such rent and on such conditions as the
Rent Commissioners may order; or

Q) the premises are required for public purposes; or

(h) the dwelling-house, or the public or commercial
building, or the building erected by the tenant on
building land, as the case may be, is required by law
to be demolished; or

(2) the tenant has sub-let, or parted with the
possession of, the whole or any part of the premises
without either obtaining the consent of the landlord or
being expressly authorized by or under the tenancy
agreement or lease so to do; or

the tenant of a dwelling-house, or of building
land on which the building erected by the tenant is used
or is intended to be used mainly as a dwelling, uses
the house or building mainly for business, trade or
professional purposes without either obtaining the
consent of the landlord or being authorized by or under
the tenancy agreement or lease so to do; or

(k) in the case of building land the building erected
thereon has been sold under distress for rent; or

(I) the dwelling-house has been let to a tenant in
the employment of the landlord on condition that the
tenancy shall subsist only during the continuance of such
employment, or only until the expiration of a period
not exceeding one month after the termination of such
employment, and the employment has terminated, or
such period has expired as the case may be; or

(m) the dwelling-house has been let to a tenant in
the employment of the landlord in consequence of that
employment, and the employment has determined or
the landlord has offered the tenant suitable alternative
accommodation.

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Rent Restriction (CAP. 378 11

13. Where premises let as a dwelling-house on or variations of
standard rent. before the 3rd day of September, 1939, have subsequent to

that date been let for business, trade or professional purposes,
or for the public service, the rent agreed to be paid on the
first letting of the premises after the 3rd day of September,
1939, for business, trade or professional purposes or for the
public service, shall be regarded as the standard rent and
the provisions of section 5 shall not apply in such case.

14. The Chairman of the Rent Commissioners shall :;;;;ipnr of the
have all the powers of the High Court for the purpose of ~~~t
enforcing the attendance of witnesses, compelling the Commissioners.
production of documents and material subjects, administering
oaths and taking evidence, amending any defect or error in
any proceedings.

15. On the hearing of any application under this Act
any interested party may appear and be heard or may be
represented by counsel or solicitor.

16. In proceedings under this Act before the Rent Fees.
Commissioners the fees specified in the Schedule shall be Schedule.
collected by means of stamps and affixed to the relative
documents.

17. (1) The Public Service Commission may appoint Apyinfment and
duties of Rent

a fit and proper person to be Rent Restriction Officer for ~estr;,t~on
Antigua and Barbuda or any part thereof. Officer.

(2) It shall be the duty of the Rent Restriction Officer
to see that the provisions of this Act are observed by landlords
and he may for that purpose require the landlord or the tenant
of any building land or dwelling-house or public or com-
mercial building to which this Act applies to furnish him
with such information as he may require in relation to the
building land or dwelling house or public or commercial
building.

18. (1) Every person who wilfully refuses to furnish offences.
any information which he may be required by the Rent
Restriction Officer to furnish or, who knowingly furnishes
false information, required as aforesaid, shall be guilty of
an offence against this Act.

LAWS OF ANTIGUA AND BARBUDA

12 CAP. 378) Rent Restriction

(2) Every landlord who shall demand or receive a rent
in excess of that which is authorized by this Act shall be
guilty of an offence against this Act.

Penalty. f9 . Every person who is guilty of an offence against
this Act shall be liable on summary conviction to a fine not
exceeding three thousand dollars or to imprisonment with
or without hard labour for a term not exceeding six months.

Proceedings for
offences, how

20. All proceedings before a Magistrate for an offence
instituted. against this Act shall be taken in the name of the Rent

~estr ict ion Officer.

SCHEDULE S. 16

Application to sanction an increase of rent . . . . . . . $1.20
Application to summons witnesses - for every
w~tness .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24