L.R.O. 1/2012
LAWS OF GUYANA
RENT RESTRICTION ACT
CHAPTER 36:23
Act
23 of 1941
Amended by
13 of 1947
30 of 1948 24 of 1950 20 of 1958 24 of 1969 31 of 1969
6 of 1981 8 of 1981

(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
1 – 48 ... 1/2012
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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CHAPTER 36:23
RENT RESTRICTION ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Application of Act.
4. Act to apply where the tenant shares accommodation with other
persons.
5. Extension of Magistrate’s jurisdiction.
6. Application for assessment.
7. Proceedings in application for assessment.
8. Advisory committee to make recommendations to Magistrate in
certain cases.
9. Issue of new certificate.
10. Effect of certificate.
11. Appeal from Magistrate.
12. Statement as to standard rent to be supplied.
13. Regulations.
14. (1) Restrictions on increase of rent.
(2) Excess rent paid in respect of any period subsequent to the
material date recoverable.
15. Permitted increase of rent.
16. Restriction on right to possession.
17. Orders obtained under section 16(1) (e), (f) and (h).
18. Application of sections 16 and 17.
19. Restriction on levy of distress for rent.
20. Restriction on premiums.
21. Conditions of statutory tenancy.
22. Implied term.
23. Entry in rent book of any sum irrecoverable under this Act.
24. General penalty. Proof of landlord’s offences.
25. Limitation of prosecutions.
26. Procedure.
27. Appeal from decision of a magistrate.
28. Power of Minister to make rules.
29. Sub-letting.
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SCHEDULE—Determination of standard and maximum rent.
__________________________
1953 Ed.
c. 186 _______________________________________________________
23 of 1941 An Act to control the rental of certain premises, to restrict
the right of recovery of possession of such premises as
are subject to tenancies and for purposes connected
therewith.
[8TH NOVEMBER, 1941]
Short title.

Interpretation.
[31 of 1969]

c. 3:05
1. This Act may be cited as the Rent Restriction Act.
2. In this Act—
“agent” means a person who lets premises on behalf of a
landlord or collects rent in respect of the premises on
behalf of the landlord or is authorised by him to do so;
“agricultural land” does not include the garden of a house or
building, or land within the curtilage of a house or
building;
“building land” means land let to a tenant for the purpose of
the erection thereon by the tenant of a building used, or
to be used, as a dwelling 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 such a building, but does not
include any such land when let with agricultural land;
“district” has the same meaning as in the Summary
Jurisdiction (Magistrates) Act;
“dwelling-house” means a building or a part of a building
separately let, or a room separately let, which is used
CHAPTER 36:23
RENT RESTRICTION ACT

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c. 4:01
mainly as a dwelling or place of residence, 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;
“furniture” includes fittings, electric light, water, appliances
for domestic, trade, business or professional purposes,
machinery or other articles used in a dwelling-house or a
public or commercial building but not forming part
thereof;
“landlord” includes—
(a) any person from time to time deriving
title under the original landlord; and
(b) in relation to any building land,
dwelling-house, public or commercial
building, any person other than the
tenant who is, or but for this Act
would be, entitled to the possession of
the building land, dwelling-house,
public or commercial building and
shall, for the purpose of the
enforcement of any provisions of this
Act whereby any liability is imposed
on a landlord, be construed to include
any agent having charge, control or
management of the premises on
behalf of the landlord;
“let” includes sub-let;
“legal practitioner” has the same meaning as in Legal
Practitioners Act;
“let furnished” means let at a rent which includes payment
for the use of furniture, and “let unfurnished” shall be
construed accordingly;
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“magistrate” means the magistrate performing the functions
mentioned in section 5(1) for the district within which the
premises in question are situated;

“maximum rent” means the sum obtained by the addition to
the standard rent of any building land, dwelling-house or
public or commercial building, of the increases permitted
or authorised under section 15;
“premium” includes any fine or other like sum and any other
pecuniary consideration in addition to rent;
“public or commercial building” means a building, or a part
of a building separately let, or a room separately let,
which 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;
“standard rent” means the rent at which a dwelling-house,
public or commercial building or building land was let
on the 3rd September, 1939, or where such premises were
not then let, the rent at which they were let before that
date, or in the case of their being first let after that date
subject to section 7(2), the rent at which they were first
let:
Provided that in the case of a dwelling-house, public or
commercial building or building land let at a progressive rent
payable under a tenancy, agreement or lease, the maximum
rent payable under that tenancy, agreement or lease, shall be
the standard rent;
“tenancy” includes sub-tenancy;
“tenant” includes—
(a) a sub-tenant and any person deriving
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Application of
Act.
[13 of 1947
31 of 1969
6 of 1981]
title from the original tenant or sub-
tenant, as the case may be;
(b) the widow or widower of a tenant
who was residing with him at the
time of his death on the premises let,
whether as a dwelling-house or not;
(c) where there is no such widow or
widower, the reputed spouse residing
with the tenant at the time of his
death in the circumstances mentioned
in paragraph (b) and who was so
residing with him for not less than six
months immediately prior thereto;
(d) where there is no such widow, or
widower, or reputed spouse, such
member of the tenant’s family or
household as was residing with the
tenant at the time of his death, as may
be decided in default of agreement by
the magistrate;
(e) such other person residing with the
tenant at the time of his death and
who was so residing for not less than
six months immediately prior thereto
and of whom the tenant was a
dependant.
3. (1) This Act shall apply—
(a) to all dwelling-houses whether let
furnished or unfurnished;
(b) to all public or commercial buildings
whether let furnished or unfurnished;
and

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c. 36:20

Act to apply
where the
tenant shares
accommoda-
tion with other
persons.
[24 of 1950]
(c) to all building land.
(2) This Act shall not apply—
(a) to a dwelling-house while let at a rent
which bona fide includes payments in
respect of board and attendance; or
(b) to a dwelling-house while let by The
Central Housing and Planning
Authority as constituted under the
Housing Act; or
(c) 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.
(3) Where this Act has become applicable to any
dwelling- house, public or commercial building or building
land, it shall continue to apply thereto whether or not the
dwelling-house, public or commercial building or building
land continues to be one to which this Act applies.
(4) All dwelling-houses, public or commercial
buildings or building land to which this Act for the time
being applies are hereinafter referred to as “premises to
which this Act applies.”

4. (1) Notwithstanding the last two foregoing sections,
where—
(a) a tenant has the exclusive occupation
of any room or portion of a building
(in this section referred to as “the
separate accommodation”); and
(b) the terms as between the tenant and
his landlord on which he holds the
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Extension of
Magistrate’s
jurisdiction.
[31 of 1969]
separate accommodation include the
use of other accommodation in
common with some other person or
persons (including the landlord); and
(c) by reason only of the circumstances
mentioned in paragraph (b), the
separate accommodation would not,
but for this section, be a dwelling-
house to which this Act applies,
the separate accommodation shall be deemed to be a
dwelling-house to which this Act applies.
(2) For the purpose of ascertaining the standard
rent, a previous letting of the separate accommodation shall
not be deemed not to be a letting of the same dwelling-house
by reason only of any such change of circumstances as the
following, that is to say, any increase or diminution of the
rights of the tenant to use accommodation in common with
others, or any improvement or worsening of accommodation
so used by the tenant.
(3) Any such change of circumstances as is
mentioned in the last foregoing subsection, shall be deemed
to be alteration of rent, and where as a result of any such
change the terms on which the separate accommodation is
held are on the whole less favourable to the tenant than the
previous terms, the rent shall be deemed to have been
increased whether or not the sum payable by way of rent is
increased.
5. (1) The magistrate of a district may, subject to and
in accordance with this Act and having regard to the
provisions of the Schedule ascertain and certify the standard
rent, and assess, fix, and certify the maximum rent to be paid
and received in respect of premises situated therein and to
which this Act applies.
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Application for
assessment.

Proceedings in
application for
assessment.
[13 of 1947
30 of 1948
24 of 1950
31 of 1969]
(2) The jurisdiction conferred upon a magistrate by
the Summary Jurisdiction Acts shall be deemed to include the
functions mentioned in subsection (1) and subject to and in
accordance with this Act, the powers, duties and privileges
conferred upon a magistrate by those Acts shall accordingly
apply in relation to the discharge of those functions.
6. (1) The landlord of any premises to which this Act
applies shall, pursuant to an application by him to the
magistrate in the prescribed form and in accordance with this
Act, have the standard rent of the premises ascertained and
certified and the maximum rent of the premises assessed,
fixed and certified.
(2) A tenant of any premises to which this Act
applies may, in the absence of a pending application before
the magistrate in respect thereof, for the purposes provided in
subsection (1) make a like application to the magistrate.
7. (1) An application under section 6 shall—
(a) in respect of premises to which this
Act applies, which are the subject-
matter of a tenancy created before the
coming into operation of this
subsection, be made—
(i) in the case of premises erected
or reconstructed after the 31st
December, 1964, within one
year of the coming into
operation of this subsection;
and
(ii) in any other case, when the
tenant thereof is succeeded by
another person as tenant or a
new agreement of tenancy is
entered into in respect thereof,
whichever is the earlier; or
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Schedule.
(b) in respect of premises to which this
Act applies, other than those
mentioned in paragraph (a), be made
at the time when the premises become
for the first time, after the coming into
operation of this subsection, the
subject of a new tenancy.

(2) Where an application under section 6 is made
in relation to premises (whether let furnished or
unfurnished), first let as separate premises subsequent to the
8th March, 1941, the magistrate may, having regard to the
provisions of the Schedule, ascertain and certify the standard
rent at a lesser amount, but not at a greater amount, than the
rent at which the premises were first let:
Provided that where the standard rent is so reduced, no
proceedings shall be instituted for the recovery of any rent
overpaid by a tenant in relation to the period before the date
of the commencement of this subsection.
(3) Where an application under section 6 is made
in respect of any portion of a building first let as separate
premises (whether furnished or unfurnished), after the 8th
March, 1941, the magistrate shall, having regard to the
provisions of the Schedule, including the standard rent of the
whole building, ascertain and certify the standard rent of that
portion of the building in respect of which the application is
made and fix and certify the maximum rent thereof at such
amount as he may deem just.
(4) Where an application is made under section 6,
the magistrate shall cause notice of the date, time and place
fixed for the holding of the investigation of the application to
be given, by registered post, to the tenant and to the landlord:
Provided that where the application is made by the
tenant the magistrate may, if he thinks fit, direct that the
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notice required under this subsection to be given to the
landlord shall be given to the agent of the landlord.
(5) Where on the day and at the time fixed for the
holding of the investigation the tenant and the landlord, or
the tenant and the agent of the landlord, as the case may be,
appear, the magistrate shall proceed to hold the investigation
and shall, for such purpose, have the power to direct such
adjournments and postponements as he may from time to
time think proper.
(6) Where notice under subsection (4) has been
received by the tenant and the landlord, or by the tenant and
the agent of the landlord, as the case may be, and the tenant,
or the landlord or his agent, fails to appear on the date and at
the time fixed for the holding of the investigation, the
magistrate may proceed with the holding of the investigation,
or he may postpone it as he may think fit.
(7) Where notice under subsection (4) has been
received by the tenant, the magistrate may, notwithstanding
that no such notice was received by the landlord or his agent,
proceed with the holding of the investigation—
(a) where acceptance of delivery of the
notice under subsection (4) was
refused by the landlord or his agent,
as the case may be; or
(b) where the address in Guyana of the
landlord and the address in Guyana
of the agent (if any) are not known to
the tenant and cannot be ascertained
by the magistrate; or
(c) where the landlord resides elsewhere
than in Guyana.
(8) Where after an investigation held under
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c. 7:01
subsection (7) a certificate of the standard rent or the
maximum rent is issued under subsection (24), the magistrate
may, on the application in writing of the landlord or his
agent, re-open the investigation, and the standard rent and
the maximum rent, if varied on such re-investigation, shall
have effect as provided in subsection (25).
(9) On the hearing of any application made under
subsection (1) the onus shall lie on the landlord to prove the
standard rent, and the maximum rent, chargeable in respect
of the premises.
(10) The landlord or his agent may give evidence,
produce documents and call witnesses, and the tenant shall
have the right to cross-examine the landlord or his agent or
any such witness.
(11) The tenant may give evidence, produce
documents and call witnesses, and the landlord or his agent
shall have the right to cross-examine the tenant or any such
witness.
(12) The magistrate may require the tenant or any
other person to give evidence for the purpose of ascertaining
all the relevant facts, the landlord or his agent shall have the
right to cross-examine the tenant, and the landlord or his
agent, and the tenant shall have the right to cross-examine
any such person as aforesaid.
(13) Subject to the Evidence Act, all oral evidence
given before the Rent Assessor on the investigation of an
application made under section 6 shall be given upon oath,
and the magistrate is hereby authorised to administer such
oaths.

(14) For the purpose of securing the attendance of
any witness, the magistrate shall have power to issue
summonses in Form 3 in the Schedule to the Summary
Jurisdiction (Petty Debt) Act, subject to the necessary
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adaptation, and sections 15 and 16 of the aforesaid Act shall,
mutatis mutandis, apply to any person served with such a
summons.
(15) The magistrate may require any tenant to
permit him at any reasonable hour of the day to enter and
inspect the premises to which an application under section 6
relates.
(16) The magistrate may—
(a) where the landlord or his agent fails
without reasonable cause to attend
before the magistrate on the date and
at the time and place fixed in the
notice given under subsection (4) and
received by the landlord or his agent,
or on any date to which the holding of
the investigation may be adjourned or
postponed; or
(b) where the landlord or his agent
declines to give evidence, or declines
to give evidence on any point which
in the opinion of the magistrate is
relevant to the investigation; or
(c) where the landlord or his agent is for
any reason unable to prove any fact
required to be proved for the purpose
of ascertaining the standard rent or
fixing the maximum rent; or
(d) where the investigation is held under
subsection (7) of this section, assess
and certify a standard rent, and
assess, fix, and certify a maximum
rent, in respect of the premises to
which an application under section 6
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relates, which in the opinion of the
magistrate is a reasonable standard
rent and a reasonable maximum rent,
having regard to the provisions of the
Schedule and the standard rents of
and the maximum rents chargeable of
similar premises in the same area.
(17) For the purposes of an application under
section 6, the magistrate shall have the right to examine, or
make or obtain a copy of, any records of a valuation
ascertained for the rating purposes of a local authority in
relation to the premises or part thereof, the subject matter of
the application, as may be in the custody of such authority or
in that of any other authority charged by law with the
responsibility of ascertaining such valuation.
(18) The proceedings at every investigation by the
magistrate under this section shall be open to the public.
(19) The magistrate shall take notes of the evidence
given before him in relation to any application under section
6, and where he inspects the premises under subsection (15)
he shall record the results of his inspection.
(20) The landlord and the tenant and any other
interested party may be represented before the magistrate by
a legal practitioner.
(21) The landlord may be represented before the
magistrate by his agent.
(22) The magistrate may take into consideration
any relevant facts which are within his personal knowledge
or which were found to be proved in some other investigation
under this section, notwithstanding the absence of formal
proof of such facts:
Provided that before any such facts are taken into
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consideration by the magistrate the party or parties present
before the magistrate shall be informed of the substance of
such facts, the magistrate shall make under subsection (19) a
note of all such relevant facts, and the party or parties present
shall be given the opportunity, if he or they so desire, of
adducing evidence in regard thereto.
(23) Where a dwelling-house or a public or
commercial building to which this Act applies is let at a rent
which includes payments in respect of the use of furniture
supplied by the landlord in relation to the dwelling-house or
public or commercial building, the magistrate shall apportion
and separately assess and fix the maximum rent (other than
for the use of the furniture supplied by the landlord as
aforesaid), and a reasonable payment for the use of the
furniture as aforesaid.
(24) When the magistrate has ascertained the
standard rent, or has assessed or fixed the maximum rent, of
any premises, he shall—
(a) record, file and preserve the reasons
for his decision;

(b) cause certificates of the standard rent,
or of the maximum rent, as the case
may be, one for the landlord and one
for every tenant who is a party to the
application under section 6, to be
completed in the prescribed form;
(c) sign each such certificate;
(d) cause to be entered the particulars of
each certificate in a register which
shall be kept for the purpose by the
clerk of the respective district and an
extract of an entry thereof shall be
issued upon the payment of a fee of
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sixty-five dollars or such other fee as
may be prescribed;
(e) issue the certificates by causing them
to be sent by registered post to the
landlord and to each tenant who was
a party to the application; and
(f) together with the certificate, forward
to the landlord and to each tenant
who was a party to the application a
copy of the reasons for decision filed
under paragraph (a).
(25) A certificate issued by the magistrate under
subsection (24) shall take effect from the date of the certificate,
or from such date whether before or after the date of the
certificate as may be specified in the certificate.

(26) The magistrate may direct that the out-of-
pocket expenses of any witness shall be paid by such of the
parties as he thinks fit:
Provided that no such direction shall be given in the case
of a witness called by or on behalf of the tenant where the
maximum rent fixed on the application of the tenant is the
same as, or greater than, the rent actually paid by the tenant
before the investigation.
(27) Except as provided in subsection (26), no costs
shall be awarded to any party, and no fee shall be allowed to
any witness, to an investigation under this section.
(28) Any certificate issued under subsection (24)
may upon the application of the tenant be cancelled by the
magistrate where—
(a) the certificate has been obtained by
fraud, misrepresentation or collusion;
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Advisory
committee to
make
recommenda-
tions to
Magistrate in
certain cases.
[30 of 1948
31 of 1969]
or
(b) in the case of any certificate issued
before the 20th November, 1948, the
magistrate, having regard to all the
circumstances, including any
amendments to this Act, thinks it just
so to do.

8. (1) Where on the hearing of any application under
section 6, it appears to the magistrate that having regard to
the provisions of the Schedule the maximum rent should be
fixed at an amount exceeding the rent then being paid by a
tenant in respect of the premises, or, if the premises are not
then being rented, the rent at which it was last let, or in any
other case where he thinks it necessary so to do, he shall after
the completion of the evidence, but before arriving at a
decision in respect of the standard or maximum rent of the
premises, submit the notes of evidence taken by him to the
advisory committee of the district (as hereinafter in this
section constituted) in which the premises are situate for their
consideration.
(2) Where an application has been submitted to an
advisory committee under the preceding subsection, they
shall advise the magistrate on all questions relating to the
rental value of the premises in question and shall make
recommendations thereon, and may, for these purposes, at
any reasonable hour, enter and inspect the premises.

(3) The magistrate shall incorporate in the notes of
evidence taken by him, any recommendations made by an
advisory committee under the last preceding subsection, and
shall, in his decision, give due regard to any such
recommendations.
(4) The Minister may, by notice published in the
Gazette—
(a) appoint three fit and proper persons
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Issue of new
certificate.
[13 of 1947
31 of 1969
8 of 1981]

Effect of
certificate.
[13 of 1947
31 of 1969]
to be an advisory committee in
respect of any district;
(b) appoint panels of persons from whom
advisory committees may be
appointed.
(5) There shall be paid to a person appointed to be
a member of an advisory committee such remuneration and
allowances as the Minister may, from time to time, determine.

9. (1) Subject to section 15(1)(a) and (b) and (1A), an
application may be made to the magistrate—
(a) by the landlord, where he has
incurred expenditure as described in
section 15(1)(a); and
(b) by the landlord or the tenant, where
the maximum rent payable becomes
liable to variation by virtue of the
operation of section 15(1)(b);
for the issue of a new certificate under section 7(24).
(2) Subject to subsection (3), the procedure in the
case of an investigation of an application under subsection (1)
shall, mutatis mutandis, be the same as in the case of an
application under section 6.
(3) In the case of an investigation of an application
under subsection (1), the magistrate shall be entitled to take
into consideration, without further proof, any evidence
recorded at any previous investigation held under this Act in
relation to the same premises.

10.(1) Subject to section 9, a certificate issued by the
magistrate under section 7(24) shall, in all courts of law and
before the magistrate—

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Appeal from
magistrate.
[13 of 1947
31 of 1969]
(a) be conclusive evidence as between the
landlord and the tenant who were
parties to the investigation;
(b) be conclusive evidence
notwithstanding any change of
landlord, for or against the tenant
who was a party to the investigation;
and
(c) be prima facie evidence in all other
cases,
that the standard rent, and the maximum rent, of the premises
described in the certificate are as stated therein:
Provided that in the determination of an application
made pursuant to section 6 for the first time in respect of
premises after the coming into operation of that section, the
foregoing provisions of this subsection, shall not apply.
(2) Payment of the maximum rent stated in such
certificate may be enforced notwithstanding an appeal under
section 11, but where, on such appeal, it is decided that the
rent stated in the certificate is less or more than the rent which
ought to have been so stated, the tenant or the landlord shall
be liable to pay the difference to the landlord or the tenant as
the case may be, and such difference may be recovered
accordingly.
11. (1) Any landlord and any tenant who is
dissatisfied with a decision of the magistrate under this Act,
may appeal therefrom to the High Court in the manner and
subject to the conditions hereinafter provided.
(2) An appellant shall, within fourteen days after
the date of the receipt by him of the certificate sent to him
under section 7(24)(d)—
(a) lodge with the clerk the sum of five
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dollars together with a written notice
of appeal of which fact and time of
receipt the clerk shall immediately
record in a book kept for that purpose
and accordingly inform the
magistrate;

(b) send by registered post, a copy of
such written notice of appeal to the
opposite party.
(3) Where the appellant has complied with the
requirements of subsection (2)(a) within the time therein
specified, the magistrate shall, within twenty-one days after
the written notice of appeal was lodged, cause the clerk to
transmit to the Registrar of the High Court—
(a) one copy of the evidence recorded by
the magistrate, duly authenticated by
his signature;
(b) two copies of the certificates, duly
authenticated by the signature of the
magistrate, issued by him under
section 7(24)(e);
(c) one copy of the reasons for decision,
duly authenticated by the signature of
the magistrate filed under section
7(24)(a);
(d) the original notice of appeal lodged
under subsection (2)(a).
(4) The Registrar shall cause notice of the day and
hour fixed for the hearing of the appeal to be sent, by
registered post, to the appellant and to the opposite party.
(5) Every appeal under this section shall be heard
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by a judge of the High Court sitting in chambers who shall
have power—
(a) to order that evidence be adduced
before the judge on a day to be fixed
for the purpose;
(b) to refer the matter to the magistrate to
make a fresh investigation subject to
such direction of law, if any, as the
judge thinks fit to give;
(c) to affirm, increase or decrease the
maximum rent or the standard rent.
(6) Where upon appeal the maximum rent or the
standard rent is either increased or decreased, the rent as
determined by the judge shall become effective as from the
date on which the certificate by the magistrate took effect
under section 7(25).
(7) The decision of the judge shall be final.
(8) Such decision shall be endorsed on the back of
the certificates together with the date of the decision of the
judge, and shall be authenticated by the signature of the
Registrar.
(9) It shall not be necessary to draw up or enter a
formal order.
(10) The Registrar shall transmit to the magistrate
one copy of the certificates endorsed and authenticated in
accordance with subsection 8.
(11) Except as provided in subsection (2)(a), no fees
shall be charged in respect of an appeal under this section.
(12) In any appeal under this section, the award of
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Statement as to
standard rent
to be supplied.
[13 of 1947
31 of 1969
6 of 1997]

Regulations.
[31 of 1969
6 of 1997]
costs, if any, and the amount of any such award shall be in the
discretion of the judge hearing the appeal.

12. (1) The landlord of any premises to which this Act
applies shall, on being requested in writing by the tenant
thereof, supply him with a statement in writing as to what is
the standard rent of such premises.
(2) Any such landlord who—
(a) without reasonable excuse fails within
fourteen days after such request to
supply the statement referred to in
subsection (1); or
(b) supplies a statement which is false in
any material particular,
shall be liable on summary conviction to a fine of six
thousand five hundred dollars.
(3) Where the standard rent of premises to which
this Act applies has been determined the landlord shall
exhibit and keep exhibited in a prominent place therein and
open to view a notice in the prescribed form as to what is the
standard rent of such premises or of each room or part thereof
as may be the subject matter of a separate letting.

(4) A landlord who fails to comply with subsection
(3) shall be liable on summary conviction to a fine of sixteen
thousand two hundred and fifty dollars.
13.(l) The Minister may make regulations generally
for giving effect to this Act, and in particular but without
prejudice to the generality of the foregoing may make
regulations—
(a) prescribing the manner and the form
in which applications may be made to
the magistrate under this Act;
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Restriction on
increase of rent.
[13 of 1947
31 of 1969]
(b) prescribing the form in which notices
under section 7(4) and certificates
under section 7(24) shall be given or
issued;
(c) prescribing the form in which a notice
of appeal from the decision of the
magistrate shall be given;
(d) requiring a landlord or tenant or
landlords and tenants generally, or
landlords and tenants of any
particular district or part thereof to
render such returns in such form and
containing such particulars in relation
to any premises or matters affecting
or directly or indirectly connected
with the rental thereof as the Minister
thinks fit;
(e) amending, varying, suspending or
revoking any of the provisions of the
Schedule;
(f) prescribing anything which is
required by this Act to be prescribed.
(2) Any regulation may impose liability to a fine
not exceeding sixteen thousand two hundred and fifty
dollars, or imprisonment for a term not exceeding six months,
on summary conviction of the breach of any regulation.
14.(1) Subject to this Act, where the rent of premises to
which this Act applies exceeds the standard rent by more
than the amount permitted under this Act the amount of the
excess shall, notwithstanding any agreement to the contrary,
be irrecoverable from the tenant.

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Excess rent
paid in respect
of any period
subsequent to
the material
date recover-
able.

(2) Where, in respect of any period subsequent to
the material date, any tenant has paid, whether before or after
the aforesaid date, rent on premises to which this Act applies,
or any sum on account of such rent, which exceeded the
standard rent by more than the amount permitted under this
Act the amount of such excess shall, notwithstanding any
agreement to the contrary, be recoverable from the landlord
who received the payment, or from his legal personal
representative, by the tenant by whom it was paid within
three years from the date of payment and the tenant may,
without prejudice to any other method of recovery, deduct
such excess from any rent payable by him to the landlord:
Provided that nothing in the foregoing provisions of this
subsection shall entitle any tenant to recover—
(a) an amount, arising by reason of a
certificate issued pursuant to an
application by him under section 6,
for a period earlier than twelve
months before the date of the filing of
such application;
(b) in any other case an amount in respect
of a period in excess of twelve
months.
(3) The amendment effected by section 13(1) of the
Rent Restriction (Amendment) Act, 1969 (which repealed and
replaced subsection (2) of this section) shall not affect the
rights of a tenant in relation to any sum which is recoverable,
in consequence of any proceedings instituted or, under any
judgment of a court given, before the commencement of that
Act (that is, 1st January 1970) and such sum shall be
recoverable and enforceable to such extent and in like manner
as if that subsection had not been enacted.
(4) For the purposes of this section the expression
“material date” means—

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Permitted
increase of rent.
[13 of 1947
30 of 1948
31 of 1969
8 of 1981]
(a) the 8th March, 1941, where the
premises are premises to which this
Act applies as from the 8th
November, 1941;
(b) the 28th August, 1944, where the
premises are premises to which this
Act applies or formerly applied by
virtue of the Defence (Georgetown
Rent Control) (Amendment)
Regulations, 1944; and
(c) the 1st January, 1946, where the
premises are any other premises to
which this Act applies.
15.(1) The amount by which the increased rent of
premises to which this Act applies may exceed the standard
rent shall, subject to this Act, be as follows:
(a) where the landlord has since 3rd
September, 1939, incurred or hereafter
incurs expenditure on the
improvement or structural alteration
of the premises (not including
expenditure on decoration or repairs),
an amount, assessed by the magistrate
and set out in his certificate issued
under section 7 or 9, calculated at a
rate per annum not exceeding twelve
and one-half per cent of the amount
so expended:
Provided that the tenant may apply to the Court for an
order suspending or reducing such increase on the ground
that such expenditure is or was unnecessary in whole or in
part, and the Court may make an order accordingly;

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(b) an amount, assessed by the magistrate
and set out in his certificate issued
under section 7 or 9, not exceeding
any increase in the amount for the
time being payable by the landlord in
respect of rates and taxes over the
corresponding amount paid in respect
of the yearly period which included
the 3rd September, 1939, or in case of
premises for which no rates or taxes
were payable in respect of the yearly
period which included that date, the
yearly period which included the date
on which the rates and taxes first
became payable thereon:
Provided that where any premises to which this Act
applies have been or are or hereafter are exempt or partially
exempt, during the yearly period as aforesaid, from liability
to pay rates or taxes on the ground that they were or are a
new building, a replacement of a building, or an
improvement of a building, the expression “the
corresponding amount paid” in paragraph (b) shall, for the
purposes thereof, include the amount which would have been
payable as rates and taxes if the premises were not exempt or
partially exempt as aforesaid;
(c) in addition to any such amounts as
aforesaid, an amount assessed by the
magistrate and set out in his
certificate issued under section 7 or 9,
not exceeding twelve per cent of the
standard rent, and not exceeding
twenty-five per cent of the standard
rent in special cases where in the
opinion of the magistrate such
amount is reasonable having regard
to the provisions of the Schedule:

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Provided that—
(a) where under any contract of tenancy a
fixed or minimum period of notice is
required to be given of an intention to
increase the rent, such notice shall be
given before any increase of rent is
made under this paragraph and in all
other cases not less than one month’s
notice shall be given before any
increase of rent is made under this
paragraph;
(b) where the premises have been or are
erected after, or were in course of
erection on, the 8th March, 1941, or
where the premises were first let on or
after the said date, the magistrate
may, if in his opinion and having
regard to all the circumstances of the
case an increase of twelve per cent of
the standard rent is excessive, either
disallow such increase altogether or
assess in place of such increase such
less amount than twelve per cent as
he may consider reasonable and
proper.

(1A) Notwithstanding anything contained in
subsection (1), in computing under that subsection the
amount by which the increased rent of premises, to which the
Rent Control (Special Provisions) Act applied and which were
the subject matter of a tenancy at 31st December, 1980, may
exceed the standard rent in respect of any period after that
date—
(a) no account shall be taken of
expenditure incurred by the landlord
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Restriction on
right to
possession.
[13 of 1947
30 of 1948
31 of 1969]
on the improvement or structural
alteration of the premises during the
period when that Act was in force;
and
(b) increase, made in respect of the
period when that Act was in force, in
the amount payable by the landlord
on account of rates and taxes over the
corresponding amount paid or
payable in respect of the yearly period
which included the 31st December,
1973 shall be excluded.
(2) Where a landlord fails to keep any premises to
which this Act applies in good and tenantable repair a tenant
who is not in arrears of rent may, after the failure of the
landlord to comply with the notice mentioned in subsection
(4) and, at his own expense, effect such repairs as may be
reasonably necessary to fulfil the obligation of the landlord to
keep the premises in good and tenantable repair and may
deduct the cost thereof from any rent payable by him to the
landlord.
(3) The tenant before effecting any repairs
pursuant to subsection (3) shall send by registered post to the
landlord at his last known address notice of the nature and
estimated cost of the repairs with a request that the repairs be
effected within thirty days of the receipt of the notice.
(4) In this section the expression “repairs” means
any repairs required for the purpose of keeping premises in
good and tenantable repair.

16.(1) No order or judgment for the recovery of
possession of any premises, being a dwelling-house, to which
this Act applies, or for the ejectment of a tenant therefrom
shall, whether in respect of a notice given or proceedings
commenced before or after the commencement of this Act, be
LAWS OF GUYANA
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made or given where the landlord requires such premises for
the purposes of trade or business only, but, subject as
aforesaid, any such order or judgment may be made or given
in respect of any premises where—
(a) some rent lawfully due from the
tenant has not been paid; or

(b) some other obligation of the tenancy
(whether expressed or implied and
whether under the contract of tenancy
or under this Act) so far as the same is
consistent with this Act has been
broken or not performed and, in the
case of the 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 sub-tenant
has been guilty of conduct which is a
nuisance or annoyance to adjoining
occupiers or to other tenants, or to the
landlord or has used the premises or
allowed them 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:
Provided that, where the person guilty of an act specified
in this paragraph is a lodger or sub-tenant, no order or
judgment shall be made or given under this paragraph unless
the court is satisfied that the tenant has not, before the making
or the giving of the order or judgment, taken such steps as he
ought reasonably to have taken for the removal of the lodger
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or sub-tenant; or
(d) the tenant has given notice to quit,
and in consequence of that notice, the
landlord has contracted to sell or let
the premises or has taken any other
steps as a result of which he would, in
the opinion of the court, be seriously
prejudiced if he could not obtain
possession; or
(e) the premises being a dwelling-house
or a public or commercial building,
are reasonably required by the
landlord for—
(i) occupation as a residence for
himself; or
(ii) occupation as a residence for
any member of his family, or
for some person in his actual
whole-time employment; or
(iii) use by himself for business,
trade or professional purposes;
or
(iv) a combination of the purposes
in subparagraphs (i), (ii) and
(iii) above:
Provided that an order or judgment shall not be made or
given in respect of a dwelling-house on the ground specified
in subparagraph (ii) unless the court is also satisfied that
alternative accommodation is available which is reasonably
suitable to the means of the tenant and to the needs of the
tenant and his family as regards extent, character and
proximity to place of work and which consists either of a
dwelling- house to which this Act applies, or of premises to
be let as a separate dwelling on terms which will afford to the
tenant security of tenure reasonably equivalent to the security
LAWS OF GUYANA
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afforded by this Act in the case of a dwelling-house to which
this Act applies; and
Provided further that an order or judgment shall not be
made or given in respect of a public or commercial building
on the ground specified in subparagraph (ii) unless the court
is also satisfied that, having regard to all the circumstances of
the case, less hardship would be caused by granting the order
or judgment than by refusing to grant it, and such
circumstances are hereby declared to include the question
whether other accommodation is available for the landlord or
the tenant; or
(f) 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 (e); or
(ii) use by him for business, trade
or professional purposes not
involving the erection of a
dwelling:
Provided that an order or judgment shall not be made or
given on the ground that the premises are reasonably
required by the landlord for the erection of a building to be
used for any of the purposes specified in paragraph (e)(ii),
unless the court is also satisfied that, having regard to all the
circumstances of the case, less hardship would be caused by
granting the order or judgment than by refusing to grant it,
and such circumstances are hereby declared to include the
question whether other accommodation is available for the
landlord or the tenant; or
(g) the premises, or any portions thereof,
have been compulsorily acquired
under the Acquisition of Lands for
LAWS OF GUYANA
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c. 62:05
c. 36:20
c. 20:01
Public Purposes Act or the Housing
Act, or are required for the purposes
of an approved scheme under the
Housing Act, or the Town and
Country Planning Act; or
(h) the premises, being a dwelling-house
or a public or commercial building,
are required for the purpose of being
repaired, improved or rebuilt:
Provided that an order or judgment shall not be made or
given on any ground specified in this paragraph, unless the
court is also satisfied that, having regard to all the
circumstances of the case, less hardship would be caused by
granting the order or judgment than by refusing to grant it,
and such circumstances are hereby declared to include the
question whether other accommodation is available for the
tenant; or
(i) the premises are required for public
purposes; or
(j) 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
(k) a 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
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may be; or
(l) a 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 alternative
accommodation; and
(m) in any such case as aforesaid the court
asked to make the order or give the
judgment considers it reasonable to
make the order or give the judgment.
(2) A court asked to make such an order or give
such a judgment may—
(a) adjourn the application from time to
time;
(b) stay or suspend execution of the order
or judgment or postpone the date of
possession for such period as it thinks
fit, and from time to time grant
further stays or suspensions of
execution and further postponements
of the date of possession.

(3) Any such adjournment, stay, suspension or
postponement may be granted subject to such conditions, if
any, as the court thinks fit, and if such conditions are
complied with and the order has been made or the judgment
given, may discharge or rescind the order or judgment.
(4) Where after a landlord has obtained an order or
judgment for possession or ejectment under this section, it is
subsequently made to appear to the court that the order was
obtained by misrepresentation or the concealment of material
LAWS OF GUYANA
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facts, the court may order the landlord to pay to the former
tenant such sum as appears sufficient as compensation for
damage or loss sustained by the tenant as a result of the order
or judgment.
(5) In granting an order or giving judgment under
this section for possession or ejectment in respect of building
land, the court may require the landlord to pay to the tenant
such sum as appears to the court to be sufficient as
compensation for damage or loss sustained by the tenant, and
effect shall not be given to such order or judgment until such
sum is paid.
(6) Where any order or judgment has been given,
but not executed, in respect of premises which were not at the
time premises to which this Act applies but which have, since
the making of such order or the giving of such judgment,
become such premises and which order or judgment in the
opinion of the court would not have been made or given if
this section applied to the premises at the time the court may,
notwithstanding any law to the contrary, on the application of
the tenant, rescind or vary such order or judgment in such
manner as the court may think fit for the purpose of giving
effect to this section.
(7) An order or judgment under this section
against a tenant for the recovery of possession of premises to
which this Act applies or for ejectment therefrom, shall not
affect the right of any sub-tenant to whom the premises or
any part thereof have or has been lawfully sub-let before
proceedings for recovery of possession or ejectment were
commenced, to retain possession under this section or be in
any way operative against him:
Provided that this subsection shall not apply in the case
of an order or judgment under subsection (1) (c), (e), (f),(g),
(h) or (i), and every order or judgment made under any one of
those paragraphs shall operate against any sub-tenant as if he
were the tenant.
LAWS OF GUYANA
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Orders
obtained under
section 16(1)(e),
(f) and (h).
[13 of 1947]
(8) Nothing in this Act shall prevent the making of
an order for the ejectment of any person where in the opinion
of the court asked to make the order the ejectment is
expedient in the interest of public health or public safety.
(9) Where in any proceedings instituted under this
section the court has to determine the bona fides of the
landlord the contrary shall be presumed, unless shown
otherwise, if the proceedings were instituted within six
months of the date of an application by a tenant for an
assessment, or the date of the determination of such
application or the determination of an unsuccessful
application by the landlord under section 9, being an
application between parties to the said proceedings.
17.(1) Whenever a landlord has obtained an order or
judgment for possession of any premises to which this Act
applies on any ground specified in section 16(1)(e) or (f) and
the order or judgment is executed or the tenant voluntarily
gives up his tenancy in consequence of that order or
judgment, the landlord shall be guilty of an offence against
this Act—

(a) if, without first obtaining the
permission of the magistrate, he at
any time uses or permits to be used,
or occupies or permits to be occupied,
or lets, the premises for any purpose
other than the purpose which
constituted the ground on which the
order was made or the judgment was
given; or
(b) if, having obtained permission as
aforesaid, he fails to comply with any
terms or conditions (which may
include a condition that the former
tenant is to be given the option of
LAWS OF GUYANA
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again becoming a tenant of the
premises) which the magistrate may
have attached to that permission;
and the magistrate may decline to grant any such permission
as aforesaid in any case in which the landlord has failed to
take such steps, if any, to renew the tenancy of the former
tenant as the magistrate may have directed, or in any case in
which the magistrate is not satisfied that the premises will be
used, occupied or let to good advantage having regard to any
prevailing shortage of similar accommodation.
(2) Whenever a landlord has obtained an order or
judgment for possession of any premises to which this Act
applies on any ground specified in section 16(1)(h), and the
order or judgment is executed or the tenant voluntarily gives
up his tenancy in consequence of that order or judgment, the
landlord shall be guilty of an offence against this Act—
(a) if, without first obtaining the
permission of the magistrate, he at
any time uses or permits to be used,
or occupies or permits to be occupied,
or lets, the premises; or
(b) if, having obtained permission as
aforesaid, he fails to comply with any
terms or conditions (which may
include a condition that the former
tenant is to be given the option of
again becoming a tenant of the
premises at a rent to be assessed by
the magistrate) which the magistrate
may have attached to that permission;
and the magistrate may decline to grant any such permission
as aforesaid on any ground on which the magistrate could
decline permission under subsection (1).

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(3) The procedure in the case of an investigation of
an application for permission made by a landlord under
subsection (1) or (2), shall, mutatis mutandis, be the same as in
the case of an application under section 6(1).
(4) On the determination of any such application
the magistrate shall cause to be sent, by registered post, to the
landlord and the tenant, a copy of his order thereon.
(5) The grant or refusal, or the grant subject to
terms or conditions, of any such application, or the
modification or the refusal to modify any such terms or
conditions, shall be a decision within the meaning of section
11(1), and that section shall apply to an appeal from such a
decision:
Provided that—
(a) the acts required by section 11(2) to be
performed by the appellant shall be so
performed by him within fourteen
days after he receives from the
magistrate a notification of his
decision and not as is stated in section
11(2); and
(b) section 11(3)(b), (6), (8) and (10) shall
not apply to any appeal under this
section; and
(c) the Registrar shall transmit to the
magistrate a copy of the decision of
the judge, duly authenticated by the
signature of the Registrar.
(6) For the purposes of the provisions of this
section relating to offences against this Act, the expression
“landlord” shall include the agent of the landlord.

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Application of
sections 16 and
17.
[13 of 1947]

Restriction on
levy of distress
for rent.
[13 of 1947
31 of 1969]
regard to the application of the two last preceding sections:
(a) section 16(1) shall apply whether the
notice to quit was given or the
proceedings commenced before the
23rd April, 1947, or the notice to quit
is given or the proceedings are
commenced thereafter;
(b) section 16(2) and (3) shall be deemed
to have had effect on and from the 8th
November, 1941;
(c) section 17(1) and (2) shall apply
whether the order or judgment was
made or given before the 23rd April,
1947, or is obtained thereafter.
19. No distress for the rent of any premises to which
this Act applies shall be levied except with the leave of the
court, and the court shall, with respect to any application for
such leave, have the same or similar powers with respect to
adjournment, stay, suspension, postponement, and otherwise
as are conferred by section 16 in relation to applications for
the recovery of possession:
Provided that the court shall, in the exercise of its powers
under this section, refrain from granting to any tenant,
without the consent of the landlord, an extension of any time
first granted by the court to the tenant for the payment of any
sum due by him as rent for a period in excess of three months,
unless the court is satisfied that—
(a) no rent payable for any period,
subsequent to the period in respect of
which application for distress is
made, is due and remains unpaid at
the time of the hearing of the
18. The following provisions shall have effect with
L.R.O. 1/2012
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40 Cap. 36:23 Rent Restriction
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Restriction on
premiums.
[13 of 1947
20 of 1958
31 of 1969
6 of 1997]
application; and

(b) having regard to all the circumstances
of the case, undue hardship would
thereby be occasioned to the tenant.
20.(1) A person shall not—
(a) as a condition of the grant, renewal or
continuance of a tenancy of premises
to which this Act applies require the
payment of any premium; or
(b) in connection with such a grant,
renewal or continuance receive any
premium in addition to the rent.
(2) Where any such payment has been made or
given—
(a) under an agreement made, on or after
the 8th March,1941, in respect of
premises which are premises to which
this Act applies as from the 8th
November, 1941; or
(b) under an agreement made on or after
the 28th August, 1944, in respect of
premises which are premises to which
this Act applies or formerly applied
by virtue of the Defence (Georgetown
Rent Control) (Amendment)
Regulations, 1944; or
(c) under an agreement made on or after
the 1st January, 1946, in respect of any
other premises to which this Act
applies, the amount or value thereof
shall be recoverable by the person by
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Conditions of
statutory
tenancy.
[13 of 1947
6 of 1997]
whom it was made or given.
(3) A person requiring any payment in
contravention of this section shall be liable on summary
conviction to a fine of sixty-five thousand dollars, and the
court by which he is convicted may order the amount paid to
be repaid to the person by whom it was made or given, but
such order shall be in lieu of any other method of recovery
prescribed by this Act.
(4) Where an agreement in respect of a tenancy for
a period of five years or upwards had been made before the
18th June, 1958 (that is, the date of enactment of the Rent
Restriction (Amendment) Ordinance, 1958) and the
agreement includes a provision requiring the payment of any
fine, premium or other like sum, or the giving of any
consideration in addition to the rent which could lawfully
have been required prior to that date, such provision shall
cease to have effect.
21. (1) A tenant who by virtue of this Act retains
possession of any premises to which this Act applies shall, so
long as he does so, observe and be entitled to the benefit of all
the terms and conditions of the original contract of tenancy,
so far as they are consistent with this Act, and shall only be
entitled to give up possession of the premises on giving the
notice which would have been required under the original
contract of tenancy, or, if no notice would have been so
required, on giving not less than one month’s notice:

Provided that, notwithstanding anything in the contract
of tenancy, a landlord who obtains an order or judgment for
the recovery of possession of the premises or for the ejectment
of a tenant retaining possession as aforesaid, shall not be
required to give any notice to quit to the tenant.
(2) Any tenant retaining possession as aforesaid
shall not, as a condition of giving up possession, ask or
receive the payment of any sum, or the giving of any other
LAWS OF GUYANA
42 Cap. 36:23 Rent Restriction
L.R.O. 1/2012

Implied term.

Entry in rent
book of any
sum irrecover-
able under this
Act.
[6 of 1997]

General
Penalty. Proof
of landlord’s
offences.
consideration by any person other than the landlord and any
person acting in contravention of this provision shall be liable
on summary conviction to a fine of sixty-five thousand dollars
and the court by which he is convicted may order any such
payment or the value of any such consideration to be paid to
the person by whom it was made or given, but any such order
shall be in lieu of any other method of recovery prescribed by
this Act.
(3) Save as provided in the proviso to section 16(7)
where the interest of a tenant of any premises to which this
Act applies is determined, either as the result of an order or
judgment for possession or ejectment, or for any other reason,
any sub-tenant to whom the premises or any part thereof
have been lawfully sub-let shall be deemed to become the
tenant of the landlord on the same terms as he would have
held from the tenant if the tenancy had continued.

22. It shall be deemed to be a condition of the tenancy
of any dwelling-house or public or commercial building to
which this Act applies, that the tenant shall afford to the
landlord access thereto and all reasonable facilities for
executing therein any repairs which the landlord is entitled to
execute.
23. Any person who makes an entry in any rent book
or similar document showing or purporting to show any
tenant as being in arrears in respect of any sum which by
virtue of this Act is irrecoverable shall be liable on summary
conviction to a fine of thirteen thousand dollars:
Provided that in any proceedings taken under this
section it shall be a defence to prove that such entry was
made without intent to deceive.
24. (1) Any person who contravenes, or fails to
comply with, any provisions of this Act and for which no
special punishment is provided shall be liable on summary
conviction to a fine of sixty-five thousand dollars and to
LAWS OF GUYANA
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L.R.O. 1/2012
[31 of 1969
6 of 1997]


Limitation of
prosecutions.
[13 of 1947]
Procedure.
[13 of 1947]
c. 7:01
imprisonment for six months or, if such person is a corporate
body, to a fine of ninety-seven thousand five hundred dollars.
(2) Where the failure or omission of a landlord to
carry out the requirements of section 6(1) is the subject-matter
of criminal proceedings the failure or omission shall be
presumed, unless the landlord proves otherwise, and if at the
hearing of such proceedings the failure or omission persists,
the magistrate may direct the clerk to perform such act as
may be necessary to fulfil the requirements and any such act
by the clerk shall, except for the purpose of those
proceedings, have effect as if it were the act of the landlord.
(3) Any act or omission of an agent which constitutes
an offence under this Act shall for the purpose of offences
under this Act be deemed to be that also of the landlord and
he as well as the agent shall be liable to be proceeded against
and punished accordingly.
25. A complaint for a summary conviction offence
against this Act shall be made within two years from the time
when the matter of the complaint arose, and not after.
26.(1) Subject to section 3(3) of the Summary
Jurisdiction (Petty Debt) Act, any claim or other proceedings
(not being proceedings under the Summary Jurisdiction Acts)
arising out of this Act shall be made or instituted in a
magistrate’s court:
Provided that where an equitable remedy is sought
(whether or not in conjunction with any other remedy) such
claim or other proceedings may be made or instituted in the
High Court.
(2) A magistrate shall have full powers to re-hear
any application and to revise any decision in any case in
which, in his opinion, altered circumstances make it just that
he should exercise such powers.
(3) A magistrate may, as a condition of sanctioning
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Appeal from
decision of a
magistrate.
[13 of 1947
31 of 1969]
c. 3:04

Power of
Minister to
make rules.
[13 of 1947]
any increase of rent or part thereof, require that the dwelling-
house or public or commercial building be repaired and kept
in repair to the satisfaction of the magistrate.
(4) Anything contained in any law to the contrary
notwithstanding and subject to this Act the jurisdiction of a
magistrate shall extend to any premises to which this Act
applies, irrespective of the nature of the tenancy or the length
of the term or the amount of the rent.
(5) Subject to the other provisions of this Act, the
law and practice of the magistrate’s court shall, subject to the
necessary modifications, apply to any claim or other
proceedings (not being proceedings under the Summary
Jurisdiction Acts) made or instituted under this Act.

27. (1) Save as otherwise provided in this Act, an
appeal shall lie to the Full Court of the High Court from the
decision of a magistrate on any claim or proceedings in
respect of any premises to which this Act applies and an
appeal shall lie therefrom on any question of law to the Court
of Appeal:
Provided that nothing in this Act shall be construed as
applying the foregoing provisions of this subsection to any
judgment or order of the Full Court, made or given before the
coming into operation of this subsection.
(2)The Summary Jurisdiction (Appeals) Act shall
regulate appeals under this section.
28. The Minister may make rules for any of the
following purposes:
(a) prescribing any forms to be used in
claims and proceedings in court
under this Act;
(b) prescribing the fees and costs to be
taken and received in respect of all
claims and proceedings in court
LAWS OF GUYANA
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Sub-letting.
[13 of 1947
31 of 1969]
under this Act; and

(c) generally, for carrying out the
provisions (other than those which
relate to investigations before, and to
the powers and duties of, the
magistrate) of this Act.

29. Notwithstanding anything to the contrary
contained in this Act:
(a) no tenant of premises to which this
Act applies shall after the
commencement of this Act sub-let
such premises or any part thereof
without the consent in writing (which
shall not be unreasonably withheld)
of the landlord;
(b) where a tenant claims that the
landlord has unreasonably withheld
his consent, he may make application
in writing to the magistrate for his
consent and the magistrate shall, if he
considers that the consent of the
landlord was unreasonably withheld,
give his consent to the sub-letting,
and the consent of the magistrate shall
have effect as if it were the consent of
the landlord;
(c) any sub-tenant of premises to which
this Act applies, or of any part
thereof, may make application in
writing to the magistrate to determine
the rent to be paid by him to the
tenant, and the magistrate shall,
having regard to the rent payable by
the tenant to the landlord and to all
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s. 7
[5 of 1959
11 of 1969
31 of 1969]
c. 28:04
the circumstances of the case,
determine the rent accordingly;
(d) the procedure in the case of the
investigation of an application under
paragraph (b) or (c), shall, mutatis
mutandis, be the same as in the case of
an application under section 6.
______________
SCHEDULE
DETERMINATION OF STANDARD AND MAXIMUM
RENT
For the purpose of assessing, fixing and certifying the
standard and maximum rent of premises to which this Act
applies the following factors shall be considered:

(a) the annual rental value, if any, as
determined for the purposes of rating
under the Local Government
(Valuation of Property) Act or the
Valuation for Rating Purposes Act;
(b) the area of the premises;
(c) the cost of erection thereof, including
any special constructional methods
employed therein;
(d) the site value of the premises;
(e) the structural condition (including
paint work) of the premises and
including consideration of the age
thereof;

LAWS OF GUYANA
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(f) the outgoings on the premises
including rates and taxes, premium of
insurance, cost of maintenance and
management;
(g) planning arrangements including
finish;
(h) the locality of the premises and the
nature and extent of the floor space
available for the use of the tenant
under the letting regard being had to
the use (if any) of other
accommodation in common with
another person or other persons
whether or not including the
landlord;
(i) the nature of the letting and the
purpose for which the premises are
let;
(j) the amenities provided, which shall
be deemed to include such matters as
bathroom, lavatory and kitchen
accommodation, built-in fitments and
the like;
(k) the current contractual rent;
(1) any certificate issued in respect of the
premises or part thereof;
(m) such other factors as may be
considered relevant.

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NOTE
Under the former section 33 (repealed by Act No. 31 of 1969),
the Rent Restriction Ordinance (published as an “Act” in this
Edition of the Laws) was extended by annual resolution of the
Legislature. Because of default in passing a resolution in 1953 and
in 1969, the Ordinance was validated and extended by Ordinance
No. I of 1954 (as amended by No. 37 of 1954) and by Act No. 5 of
1970. These validating enactments prohibited prosecutions for
offences committed during the periods when the Ordinance lapsed
(in default of a resolution). In Act 5 of 1970, this prohibition is
contained in section 2 which reads as follows:
2. Notwithstanding any law to the contrary, a resolution
declaring the continuance in force of the provisions of the Rent
Restriction Ordinance for a period of one year from the 31st
December, 1969, shall be deemed to have been duly passed by the
National Assembly and published in accordance with section 33 of
that Ordinance:
Provided that no person shall be liable to be prosecuted,
convicted or punished under the provisions of the said Ordinance
for anything done or omitted between the 1st January, 1970, and the
enactment of this Act:
Provided further that if that which was done or omitted is one
that can be rectified or remedied within twenty-eight days after the
said enactment, the failure to do so within that time shall, if that
which was done or omitted would, but for the foregoing proviso of
this section, have constituted an offence had the said Ordinance been
in force at that time, be deemed to be a like offence and punishable
accordingly.
_______________