Revised Laws of Mauritius

L6 – 1 [Issue 1]

LANDLORD AND TENANT ACT Act 6 of 1999 – 15 August 1999

ARRANGEMENT OF SECTIONS

SECTION PART I – INTRODUCTORY 1. Short title 2. Interpretation PART II – APPLICATION OF ACT 3. Premises to which the Act applies 4. Written tenancy agreements PART III – RENT CONTROL Sub-Part A – Rent 5. Rent book 6. Fair rent 7. Excessive claims of rent 8. Transfer of burden or liability 9. Permitted increases of rent Sub-Part B – Tribunal

10. Fair Rent Tribunal 11. Jurisdiction and powers of

Tribunal 12. Proceedings of Tribunal 13. Principles applicable to determine

fair rent 14. Review by Tribunal of its

determination 15. Appeals from Tribunal PART IV – POSSESSION OF

TENEMENT AND REPAIRS 16. Restriction on right to possession

17. Breach of obligation 18. Nuisance 19. Deterioration of premises 20. Notice to quit 21. Subletting and assignment 22. Overcrowding 23. Termination of employment 24. Personal use and occupation 25. Premises in dilapidated conditions 26. Scheme of reconstruction 27. Additional powers of Court 28. Prohibition on subletting and

assignment 29. Order obtained in bad faith 30. Premises vacated on ground of

destruction or serious damage 31. Complaint for disrepair 32. Jurisdiction and powers of Court PART V – MISCELLANEOUS 33. Offences 34. Regulations 35. – 38. — FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE



LANDLORD AND TENANT ACT

PART I – INTRODUCTORY

1. Short title This Act may be cited as the Landlord and Tenant Act.

2. Interpretation In this Act—

“bank” has the same meaning as in the Banking Act; “business premises” means premises primarily intended for use for

business, commercial, industrial, office or professional purposes;

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“Chairperson” means the Chairperson of the Tribunal appointed under section 10 (2);

“Court” means the District Court exercising jurisdiction in the district or other area where the relevant premises are situated;

“determination of the Tribunal” means a determination made by the Tribunal in the exercise of its jurisdiction under Part III;

“dwelling house”—

(a) means premises primarily intended for use as a dwelling house notwithstanding that part of them are used for another purpose; and

(b) includes a part of a house let as a separate dwelling;

“fair rent” has the meaning assigned to it in section 6;

“industrial premises” means premises which are primarily intended for use for industrial purposes of manufacture or service;

“landlord” means the person who receives, or is entitled to receive, rent in respect of any premises;

“letting” and “subletting” include the using and occupying of premises;

“market rent” means the rent which a willing landlord might reasonably expect to receive if the premises were put up for letting in the open market;

“member”—

(a) means a member of the Tribunal; and

(b) includes the Chairperson;

“member of a family”, in relation to a landlord who is a natural person, means a relative by blood or marriage who would, if he were in need, be entitled to maintenance from the landlord;

“Minister” means the Minister to whom responsibility for the subject of housing is assigned;

“possession order” means an order made by the Court for the recovery of possession of, or the ejectment of a tenant from, any premises;

“premises”—

(a) means any premises to which this Act applies and the curtilage thereof; and

(b) includes— (i) a dwelling house; (ii) a place of worship; and (iii) premises primarily intended for use, on a non-profit making

basis, for cultural, social or sports purposes;

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“previous letting” means the letting to a tenant, before 15 August 1999, of—

(a) a dwelling house;

(b) a place of worship; or

(c) premises primarily intended for use, on a non-profit making ba- sis, for cultural, social or sports purposes;

“Registrar” means the person designated as such pursuant to sec- tion 10 (6);

“related corporation”, in relation to a landlord that is a body corporate, has the same meaning as in section 2 (7) of the Companies Act 1984;

“rent” means the amount paid, received or due on a monthly basis, or for such other period as may be agreed upon by the landlord and the ten- ant, in consideration of the letting of any premises;

“rent book” means a document issued pursuant to section 5;

“tenancy” includes use and occupation;

“tenant” includes, where the person referred to in paragraph (a) or (b) is able and willing to occupy the premises for the same purpose for which they were occupied by the tenant before his death—

(a) the surviving spouse, if any, who was occupying the premises with the tenant at the time of the latter’s death; or

(b) where there is no surviving spouse, such member of the tenant’s family who was so occupying the premises as may, in default of agreement between the relevant parties, be determined by the Court;

“Tribunal” means the Fair Rent Tribunal established by section 10;

“value” means the amount which any premises, if sold in the open market by a willing seller, might reasonably be expected to fetch.

[S. 2 amended by s. 3 of Act 5 of 2005 w.e.f. 30 May 2005.]

PART II – APPLICATION OF ACT

3. Premises to which the Act applies

(1) Subject to this section, this Act shall apply to any premises.

(2) This Act shall not apply to—

(a) premises bona fide let at a rent which includes payment in re- spect of furniture or of board and attendance, or of equipment;

(aa) business premises let after 1 July 2005;

(ab) business premises, where they were let on or before 1 July 2005, after 30 June 2012;

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(b) a dwelling house occupied by a person in the employment of the landlord or a member of his family or, where the landlord is a body corporate, of a related corporation, and put at his disposal rent free as part of his conditions of service; or

(c) the letting of a dwelling house which is included in the bona fide letting, for agricultural purposes, of the property of which the dwelling house is part.

(3) The Minister may, by regulations, provide that this Act shall not apply to such category of premises as may be specified in the regulations.

[S. 3 amended by s. 4 of Act 5 of 2005 w.e.f. 30 May 2005.]

4. Written tenancy agreements

(1) Subject to subsections (2) to (6), nothing in this Act shall prevent the landlord and a tenant from entering into a written agreement regarding any matter provided for in this Act, and any rent so agreed shall be deemed to be the fair rent of the premises.

(2) Notwithstanding an agreement entered into pursuant to subsec- tion (1), every landlord shall comply with section 5.

(3) Notwithstanding an agreement entered into pursuant to subsec- tion (1), every tenant shall comply with section 28 (1) (a).

(4) Subject to subsection (5), an agreement entered into pursuant to sub- section (1) shall not be reviewed, maintained, varied or set aside by the Tri- bunal acting in the exercise of its jurisdiction under Part III until the lapse of 3 years from the date of the agreement.

(5) Where the Tribunal is satisfied that any of the circumstances referred to in section 14 apply to any such agreement as they would apply to a hearing before, or a determination of, the Tribunal, it may exercise any of the powers specified in subsection (4) before the lapse of the said period of 3 years.

(6) Notwithstanding an agreement entered into pursuant to subsec- tion (1), the Court may entertain a plaint in the exercise of its jurisdiction under Part IV.

PART III – RENT CONTROL

Sub-Part A – Rent

5. Rent book

(1) Except where a tenant has made effective arrangements to pay the rent by a standing order addressed to a bank, every landlord shall— (a) provide to his tenant, against written receipt, a rent book for use

in respect of the premises let to him; and (b) by himself or through his agent— (i) record in the rent book every payment made by the tenant

in respect of rent; and

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(ii) affix a signature or, where the landlord is a body corporate, its seal together with an authorised signature, by the side of every payment recorded under subparagraph (i).

(2) The landlord shall ensure that every rent book issued by him—

(a) contains, on its outside or inside cover, the particulars in the form set out in the First Schedule;

(b) is kept up to date in respect of the particulars referred to in par- agraph (a);

(c) is renewed whenever necessary.

6. Fair rent

Subject to section 31 (4), the fair rent of any premises shall, until and un- less it is varied by an increase which is permitted in accordance with sec- tion 9 or by a determination of the Tribunal, be—

(a) in the case of any premises that were let on or before 15 August 1999, the amount which was lawfully due, or actually paid, as rent at that date, whichever is the higher; and

(b) in the case of any premises that were let after 15 August 1999, such amount as may be—

(i) agreed between the landlord and the tenant pursuant to section 4 (1); or

(ii) in default of, or notwithstanding any such agreement, fixed by a determination of the Tribunal.

7. Excessive claims of rent (1) A landlord, or any other person acting on his behalf, shall not in-

crease, request, receive or recover from a tenant, any rent in excess of the fair rent of the premises.

(2) Where a tenant has paid to the landlord, or to any other person acting on his behalf, any amount as rent which is in excess of the fair rent, he may—

(a) recover that amount from the landlord; or

(b) deduct that amount from any rent for an ensuing period of ten- ancy.

8. Transfer of burden or liability (1) Any transfer to a tenant of a burden or liability previously borne by

the landlord shall be treated as an alteration of the rent and where, as a re- sult of the transfer, the terms on which the premises are held are on the whole less favourable to the tenant than the previous terms, the rent shall be deemed to be increased, whether or not the amount payable as rent is in- creased.

(2) Any increase of the rent payable for any premises in respect of a transfer to the landlord of a burden or liability previously borne by the tenant

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shall not be deemed to be an increase in rent where, as a result of the trans- fer, the terms on which the premises are held are on the whole not less fa- vourable to the tenant than the previous terms.

9. Permitted increases of rent

(1) A landlord may increase the rent of any premises by an amount rep- resenting any increase in the taxes, rates or service charges payable by him in respect of the premises.

(2) The landlord of any premises which are the subject of a previous let- ting to a tenant may increase the rent payable by that tenant where he has incurred expenditure on any restoration, improvement or structural alteration of the premises, other than expenditure on decoration or minor repairs.

(3) The amount of the increase permitted under subsection (2) shall be calculated at a rate per annum not exceeding 12 per cent of the expenditure incurred.

(4) Where any business premises were let to a tenant on or before 1 July 2005, the landlord shall be entitled to and may increase the rent payable by an amount determined in accordance with the formula set out in the Second Schedule.

(5) Notwithstanding subsection (4), where the landlord and the tenant have, before 1 July 2005, agreed to increase the rent by an amount which is higher than the amount of increase determined in accordance with subsec- tion (4), the tenant shall pay the rent as agreed.

(6) – (8) —

(9) The landlord of any premises that are let to a tenant after 15 August 1999 may increase the rent payable by that tenant where he has incurred expenditure on any restoration, improvement or structural alteration of the premises, other than expenditure on decoration or minor repairs.

(10) The increase permitted under subsection (9) shall be an amount rep- resenting the amortisation, over a period of 5 years, of the expenditure in- curred, with interest at not less than the prevailing Repo rate determined by the Bank of Mauritius.

[S. 9 amended by s. 5 of Act 5 of 2005 w.e.f. 30 May 2005; s. 12 of Act 26 of 2013 w.e.f. 21 December 2013.]

Sub-Part B – Tribunal

10. Fair Rent Tribunal

(1) There is established for the purposes of this Act a Fair Rent Tribunal consisting of a Chairperson and 2 other members.

(2) The Chairperson shall be—

(a) a barrister or an attorney of not less than 10 years’ standing or a person who has held judicial office for not less than 5 years; and

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(b) appointed by the Minister on such terms and conditions as may be determined by him.

(3) The 2 other members shall be designated by the Chairperson, by rota- tion, from a panel of not less than 3 nor more than 7 persons appointed by the Minister, for a period of 5 years, from amongst persons having experi- ence in valuation or property matters.

(4) Any member shall, at the end of his term of office, be eligible for re- appointment for one further period of 5 years.

(5) Every member shall be paid such allowance as the Minister may determine.

(6) There shall be a Registrar of the Tribunal who shall—

(a) be a public officer designated by the Minister;

(b) keep a minute of the proceedings before the Tribunal and a note of any oral and written evidence adduced;

(c) have the custody of any document or other exhibit produced at a hearing before the Tribunal; and

(d) perform such other duties as may be entrusted to him by this Act or any regulations or rules made under it.

11. Jurisdiction and powers of Tribunal

(1) The Tribunal shall, notwithstanding any other enactment, have exclu- sive jurisdiction, on an application made to it by a landlord or a tenant—

(a) to determine the fair rent of any premises let after 15 August 1999 or the market rent of business premises let on or before 1 July 2005;

(b) subject to section 14, to review, maintain, vary or set aside any determination made under paragraph (a); and

(c) subject to section 4, to review, maintain, vary or set aside any agreement referred to in that section in so far as it relates to any matter provided for in this Part.

(2) The Tribunal may, for the purposes of making a determination under subsection (1), hold that any expenditure referred to in section 9 (2) or (9) was incurred unnecessarily.

(3) The Tribunal may, where it thinks fit—

(a) apportion the fair rent of any premises among 2 or more tenants;

(b) order that the rent of any premises, other than business premises, shall gradually increase over a period not exceeding 48 months from the date of its determination in order not to cause excessive hardship to the tenant.

(4) Notwithstanding the lodging of an application before the Tribunal, the tenant shall pay the rent claimed by the landlord.

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(5) The Tribunal may, on making a determination, order that any amount in excess of the fair rent paid by a tenant shall be—

(a) refunded to him by the landlord; or

(b) applied in satisfaction of rent payable in the future at such rate and over such period as it thinks fit. [S. 11 amended by s. 6 of Act 5 of 2005 w.e.f. 30 May 2005.]

12. Proceedings of Tribunal

(1) Subject to this section and to any regulations made under this Act, the Tribunal shall regulate its own procedure, but its proceedings shall be informal and take place in public.

(2) The Tribunal shall be convened at such time and place as the Chair- person shall determine.

(3) An application to the Tribunal under section 11 shall—

(a) be made in writing;

(b) be accompanied by the prescribed fee;

(c) be lodged with the Registrar; and

(d) at the latter’s request, be served by an usher on the other party together with a notice informing him of the date on which the matter will be heard.

(4) A person may apply to be made a party to any proceedings before the Tribunal and the Tribunal shall, if it is satisfied that the person has an inter- est in the proceedings, grant the application.

(5) A party to any proceedings before the Tribunal may be represented before it by a barrister or an attorney.

(6) Before making a determination, the Tribunal shall give every party an opportunity to be heard and to adduce such evidence as may seem relevant to the Tribunal.

(7) The Tribunal may—

(a) take evidence on oath and, for that purpose, the Chairperson may administer an oath; and

(b) summon and examine witnesses and, for that purpose, require the production of any document or other exhibit.

(8) Every summons referred to in subsection (7) shall be issued by the Registrar and served, at his request, by an usher.

(9) Every determination of the Tribunal—

(a) shall, in case of disagreement between the members, be the de- cision of the majority;

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(b) shall be—

(i) recorded in a register maintained by the Registrar which shall be open to inspection on payment of the prescribed fee; and

(ii) binding on the parties to the proceedings and those in their right; and

(c) may be proved in evidence before any Court by the production of a copy certified by the Registrar.

(10) The Tribunal shall make a determination not later than 12 weeks af- ter the start of the hearing of an application to the Tribunal under section 11.

[S. 12 amended by s. 7 of Act 5 of 2005 w.e.f. 30 May 2005.]

13. Principles applicable to determine fair rent

The Tribunal shall, for the purpose of determining the fair rent of any premises, take into account all the circumstances of the case, including—

(a) their location;

(b) the age, quality, character and type of the premises;

(c) their state of repair;

(d) any improvement made to the premises at the expense of the tenant with the landlord’s consent;

(e) a reasonable return to the landlord on the value of the premises; and

(f) the market rent of similar premises in the neighbourhood.

14. Review by Tribunal of its determination

The Tribunal shall not review a determination made by it until the lapse of 3 years from the date it was made unless—

(a) the circumstances affecting the determination of the fair rent of the premises or of the market rent of the business premises have materially altered since it was made;

(b) the determination was made as a consequence of any fraud, misrepresentation or error;

(c) fresh material evidence, which could not by reasonable diligence have been made available at the hearing, becomes available;

(d) the determination was made in the absence of an interested party whose absence was not due to any fault or neglect of his; or

(e) in the opinion of the Tribunal, substantial injustice has been oc- casioned by the determination. [S. 14 amended by s. 8 of Act 5 of 2005 w.e.f. 30 May 2005.]

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15. Appeals from Tribunal

(1) Any person aggrieved by a determination of the Tribunal may, within 21 days of the date of the determination, appeal therefrom on a point of law to the Supreme Court.

(2) Any person wishing to appeal under subsection (1) shall— (a) lodge with, or send by registered post to, the Registrar a written

application requiring the Tribunal to state and sign a case for the opinion of the Supreme Court on the ground stated in the appli- cation; and

(b) at the time, or earlier, forward a copy of the application by regis- tered post to every other party.

(3) The Judges shall make Rules to regulate the practice and procedure in respect of an appeal under this section.

PART IV – POSSESSION OF TENEMENT AND REPAIRS

16. Restriction on right to possession

(1) No possession order shall be made or given by a Court except under sections 17 to 26.

(2) Notwithstanding subsection (1) and sections 17 to 26 (1) (a), no or- der shall be made under subsection (1) unless the Court considers it reason- able to make the order for the recovery of possession.

(3) Subsection (2) shall not apply to an order made under sec- tion 26 (1) (b).

17. Breach of obligation

The Court may make an order under section 16 where any rent lawfully due from the tenant has not been paid, or any other obligation of the ten- ancy, whether under the contract of tenancy or under this Act, has been broken or has not been performed by the tenant.

18. Nuisance

The Court may make an order under section 16 where the tenant, or any person residing or lodging with him or in his employment has been— (a) guilty of conduct which is a nuisance or annoyance to adjoining

occupiers; or (b) the subject of a final conviction for an offence of using, causing

or permitting the premises to be used for an unlawful or immoral purpose.

19. Deterioration of premises

The Court may make an order under section 16 where the condition of the premises has, in the opinion of the Court, deteriorated owing to an act of waste by, or through the neglect or default of, the tenant or any person re- siding or lodging with him or in his employment.

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20. Notice to quit

The Court may make an order under section 16 when the tenant has given written notice to quit and as a consequence, the landlord has—

(a) contracted to sell or let the premises; or (b) taken any other step as a result of which he would be seriously

prejudiced if he could not obtain possession of the premises.

21. Subletting and assignment

The Court may make an order under section 16 where—

(a) the tenant has sublet the whole of the premises or part of it; or (b) the tenant has assigned the tenancy in whole or in part, without the written consent of the landlord.

22. Overcrowding

The Court may make an order under section 16 where, in the case of a dwelling house, the premises are so overcrowded as to be dangerous or inju- rious to the persons residing in the premises.

23. Termination of employment

The Court may make an order under section 16 where—

(a) the tenant was in the employment— (i) of the landlord; (ii) of a member of his family; or (iii) where the landlord is a body corporate, of a related

corporation;

(b) the dwelling house in question was made available to the tenant in consideration of such employment; and

(c) the tenant has ceased to be in the employment of the landlord or the aforesaid person or corporation.

24. Personal use and occupation

(1) Subject to subsection (2), the Court may make an order under sec- tion 16 where the premises are reasonably required by the landlord for occu- pation or use by—

(a) himself; (b) his family; (c) one of the co-owners, where such premises are owned by more

than one person; or

(d) where the landlord is a body corporate, a related corporation.

(2) Where the Court is satisfied that having regard to all the circumstances of the case, including the question whether other premises are available

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for occupation and use by the landlord or the tenant, greater hardship would be caused to the tenant by granting the order than to the landlord by refus- ing to grant it, the Court shall not make an order under subsection (1).

(3) Where the Court grants an order for possession under subsection (1), the Court may, in the light of all the circumstances of the case, order the landlord to pay to the tenant in question adequate compensation for any prejudice thereby suffered by him.

(4) The Court may, where it orders the landlord to pay compensation un- der subsection (3), direct that the tenant shall vacate the premises, pending payment of the compensation, on such terms and conditions as it thinks fit, including—

(a) the immediate payment of part of the compensation; or

(b) the provision by the landlord of adequate security to guarantee payment of the compensation.

(5) In determining the amount of compensation payable under subsec- tion (3), the Court shall have regard to—

(a) any loss sustained by the tenant; and

(b) the measures, if any, taken by the tenant to mitigate that loss.

25. Premises in dilapidated conditions

The Court may make an order under section 16 where the premises are in such a dilapidated condition that the repairs required to render it in a tenant- able condition cannot be effected without the tenant vacating them.

26. Scheme of reconstruction

(1) Subject to subsection (2), the Court may make an order under sec- tion 16 where—

(a) the premises are bona fide required for a scheme of reconstruc- tion or improvement which appears to the Court to be desirable having regard to all the circumstances; or

(b) the Court is satisfied that—

(i) the premises are bona fide required for the purposes of a scheme of reconstruction, conversion into business prem- ises or improvement; and

(ii) the landlord has agreed to pay—

(A) such compensation as may be agreed in writing with the tenant; or

(B) in the absence of any agreement, such compensation as may be determined by the Court.

(2) Subsection (1) (a) shall not apply to a previous letting.

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(3) The Court may under subsection (1) (b) order a tenant to quit, leave and vacate the premises pending the determination and/or payment of the compensation payable under subsection (1) (b) on such terms and conditions as the Court may decide, including—

(a) the payment of such part of the compensation as the Court may decide; and

(b) the provision of adequate security to satisfy payment of the compensation.

(4) In determining the amount of compensation payable under subsec- tion (1) (b), the Court shall have regard to—

(a) any loss actually sustained by the tenant; and

(b) the measures, if any, taken by the tenant to mitigate that loss. [S. 26 amended by s. 9 of Act 5 of 2005 w.e.f. 30 May 2005.]

27. Additional powers of Court

(1) Where an application is made under section 16 for a possession or- der, the Court may adjourn the application for such period as it thinks fit, and subject to such conditions, if any, with regard to payment by the tenant of arrears of rent or rent and otherwise as the Court thinks fit, and if such conditions are complied with, the Court may refuse the application.

(2) The Court may refuse to grant an application for a possession order under section 18, 19 or 22 where it is satisfied that—

(a) the act, omission or state of things complained of was due to the presence of a lodger in the premises; and

(b) the tenant has taken steps to ensure the removal of the lodger therefrom.

28. Prohibition on subletting and assignment

(1) Notwithstanding any agreement or any other enactment, no tenant shall—

(a) sublet any premises; or

(b) assign any tenancy thereof, without the landlord’s consent.

(2) Any agreement by virtue of which a subletting or assignment is ef- fected in breach of subsection (1) shall be void and of no effect.

29. Order obtained in bad faith

Where the landlord has obtained a possession order and it is subsequently made to appear to the Court that—

(a) the order was obtained by misrepresentation or the concealment of a material fact;

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(b) in the case of a possession order under section 26, the landlord has—

(i) failed to implement the scheme of reconstruction, conver- sion into business premises or improvement;

(ii) implemented the scheme in a manner prejudicial to the rights of the former tenant; or

(iii) failed to pay the compensation he agreed or was ordered to pay,

the Court may, on the application of the former tenant, order the landlord to pay to him damages which shall not exceed one million rupees.

[S. 29 amended by s. 10 of Act 5 of 2005 w.e.f. 30 May 2005.]

30. Premises vacated on ground of destruction or serious damage

(1) Subject to subsection (2), where any premises have been vacated by a tenant because they were—

(a) completely destroyed or damaged beyond repair;

(b) pulled down by a lawful order issued by a sanitary, building or other authority; or

(c) the subject of a possession order issued pursuant to— (i) section 25; or (ii) section 26 (1) (a), and the premises have been reconstructed or, as the case may be, the nec- essary repairs have been effected so that they are once more in a tenantable condition, the landlord, or anyone in his rights, shall, before letting them to any other person, and not later than 30 days after the completion of the con- struction or repairs, inform the former tenant of that fact by causing a notice in the form set out in the Third Schedule to be served on him by an usher.

(2) Subsection (1) shall not apply to any premises referred to in subsec- tion (1) (c) (ii), where their destination before the implementation of the scheme of reconstruction or improvement has materially altered as a result of the implementation.

(3) Where a tenant has been served with a notice under subsection (1), he shall, if he is willing to resume occupation of the premises—

(a) so inform the landlord in writing within 10 days from the date on which he received the notice; and

(b) thereby indicate to the landlord whether he agrees to the rent specified in the notice or intends to ask the Tribunal to fix the fair rent.

(4) Where the tenant informs the landlord, pursuant to subsection (3), that he is willing to resume occupation of the premises, he shall, unless an- other date is agreed upon in writing, be deemed to have let the premises from the first day of the second month following that during which the no- tice under subsection (1) was served.

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(5) Where the tenant fails to inform the landlord of his intention in accor- dance with subsection (3), the landlord shall be entitled to let the premises to any other person.

(6) Where a landlord has let any premises without complying with an ob- ligation imposed upon him by subsection (1), the Court may, on the applica- tion of the former tenant, order the landlord to pay to the former tenant damages which shall not exceed one million rupees.

31. Complaint for disrepair

(1) A tenant of any premises may apply to the Court for a declaration that the premises are not in all respects reasonably fit for use or occupation or are otherwise not in a reasonable state of repairs.

(2) The Court, on being satisfied that—

(a) a complaint under subsection (1) is established;

(b) the tenant is not under any express or other lawful liability for the repairs requested; and

(c) the condition of the premises is not due to any default, neglect or breach of the tenancy agreement by the tenant or any person residing or lodging with him or in his employment,

may, subject to subsection (3), order the landlord to effect the necessary repairs within such period as the Court may determine.

(3) Before making an order under subsection (2), the Court shall take into account the nature and extent of the repairs to be effected and all the other circumstances, including the financial situation of the landlord, with due re- gard for the availability of loans to finance the repairs, of labour and of materials.

(4) Where the Court makes an order under subsection (2), it may reduce the rent payable for the premises by such amount as it thinks fit until such time as it is satisfied that the order has been complied with.

(5) Any rent fixed pursuant to subsection (4) shall, for its duration, be deemed to be the fair rent of the premises.

32. Jurisdiction and powers of Court

(1) The Court shall, notwithstanding any other enactment, have exclusive jurisdiction to hear and determine any matter arising out of, or brought un- der, this Part, other than the fixing of a fair rent pursuant to sec- tion 30 (3) (b), and, in the exercise of that jurisdiction, shall exercise all the powers which the Court has in civil proceedings.

(2) Except where, in the opinion of the Court, a plaint is frivolous, no costs shall be allowed in any proceedings other than proceedings on a plaint which includes a claim for unpaid rent.

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(3) Notwithstanding any other enactment, every document made use of or produced before the Court, in the exercise of its jurisdiction under this section, shall be exempted from the payment of any registration duty or any other fee.

(4) Any person aggrieved by a decision of the Court may appeal there- from to the Supreme Court in accordance with the District and Intermediate Courts (Civil Jurisdiction) Act.

PART V – MISCELLANEOUS

33. Offences

(1) Any person who— (a) fails to comply with an order of the Court or the Tribunal; (b) refuses to answer to a summons issued by the Registrar to at-

tend a hearing of, or to produce a document or other exhibit be- fore, the Tribunal;

(c) refuses, before the Tribunal, to take an oath or to give evidence; (d) gives false or misleading evidence to the Tribunal; (e) at a sitting of the Tribunal, insults a member, violently interrupts

the proceedings or otherwise commits a contempt of the Tribu- nal; or

(f) in any other manner, contravenes this Act, shall commit an offence and shall, on conviction, be liable to a fine not ex- ceeding 50,000 rupees and to imprisonment.

(2) A District Magistrate shall, notwithstanding any other enactment, have jurisdiction to hear proceedings for an offence under subsection (1) and to inflict the penalty laid down in that subsection.

34. Regulations

(1) The Minister may, for the purposes of this Act, make such regulations as he thinks fit.

(2) Any regulations made under subsection (1) may provide for the levy- ing of charges and the payment of fees.

35. – 38. —



Revised Laws of Mauritius

L6 – 17 [Issue 1]

FIRST SCHEDULE [Section 5]

1. Address of premises ................................................................................... 2. Description of premises .............................................................................. ................................................................................................................ 3. Rent paid per month*: Rs ........................................................................... 4. The rent includes Rs .......................... for .................................................. 5. Complaints may be addressed to the Fair Rent Tribunal at ............................... 6. Name and full address of landlord ................................................................ ................................................................................................................ 7. Name and address of other person, if any, entitled to collect rent ..................... 8. Name of tenant ......................................................................................... *Correct if rent period is different.



SECOND SCHEDULE [Section 9 (4)]

FORMULA TO DETERMINE INCREASE OF RENT

1. For the purpose of section 9 (4), the formula shall be— Amount of increase=15% x (A – B)

2. In paragraph 1 of this Schedule—

“A” means— (a) the market rent of the business premises as agreed upon by the land-

lord and the tenant; or (b) where there is no agreement under paragraph (a), the market rent of

the business premises as determined by the Fair Rent Tribunal; and

“B” means the rent payable under the existing tenancy as at the date of the agreement on, or determination of, the market rent, as the case may be.

3. The rent may be increased, in accordance with the formula set out in para- graph 1, every year, starting from the date of the agreement on, or determination of, the market rent, as the case may be, up to 30 June 2012.

[Second Sch. amended by s. 11 of Act 5 of 2005 w.e.f. 30 May 2005.]









Landlord and Tenant Act

[Issue 1] L6 – 18

THIRD SCHEDULE [Section 30]

NOTICE TO A TENANT TO RESUME OCCUPATION

To ....................................... ........................................ ........................................ Take notice that the premises situate at ............................................................. and which were vacated by you are now again in a tenantable condition. You are hereby required to inform me in writing within 10 days from the date on which this notice is served on you whether you are willing to resume occupation at a rent of ......................................................................................... rupees per month*. *Correct if rent period is different.

(signed) ................................... Name and address of landlord ........................................................................... ...................................................................................................................... ...................................................................................................................... ......................................................................................................................