Rent Restriction Act

• Pages: 691-773

RENT RESTRICTION ACT

Statutory tenancy arises where a term of contractual tenancy has been

determined or has expired by effluxion of time and the tenant, against the

will of the landlord, retains and remains in possession of the premises by

virtue of the Rent Restriction Act, or any such legislation, which restricts

the landlord from recovering possession except by an order or judgment of

the court. Statutory tenancy confers on the statutory tenant all the rights

under the spent contractual tenancy, which are not inconsistent with the

provisions of the Act. It equally makes him liable on all such obligations

contained in the determined or expired tenancy. But it does not bestow on

him an estate or interest in the premises.

The erstwhile tenant then becomes a “statutory tenant”, a tenant who

cannot be evicted except by an order of the court. This security of tenure,

accorded to a tenant under the law, has become an essential component of

these Acts. It was instituted as a safeguard against the evasion of the rent

restrictions imposed by the Acts. The concept of security of tenure has,

however, now gained much more prominence than the primary objective

of rent control. It is said that the legislation primarily aims at “protecting a

tenant from being turned out of his home”.1

These Acts are social legislation, which imposes controls over landlord

and tenant relationships so as to prevent the exploitation of a tenant by

the landlord. It therefore constitutes a fetter on freedom of contract and

undermines the property rights of private owners.2Principally, the Acts

dictate rents that a landlord can demand; rent for premises protected by

the Acts cannot be unduly raised. Notwithstanding any term in the agree-

ment with his landlord as to rent, the tenant is not obliged to pay a higher

rent than the law provides, and he can have any such higher rent exacted

by the landlord reduced. Secondly, the Acts deny the landlord the right

1Curl v. Angelo [1948] 2 All E.R.189, 192. “When, during the war and the deficiency of

house accommodation then experienced, persons, who were contractual tenants, were

allowed by the Legislature, after the expiration of their term, to stay on in their houses

against the will of their landlords, Parliament, I am afraid, had very little idea what kind

of privilege it was thus conferring upon them”: John Lovibond & Sons, Ltd. v. Vincent

[1929] 1 K.B. 687, 691.

2“It must not be forgotten that the original Rent Restriction Act invaded the common

law right of landlords to regain possession of their premises at the end of the tenancy,

and the Rent Acts must be regarded as creating rights in statutory tenants which they

would not have by reason of their original tenancy”: Skinner v. Geary [1931] 2 K.B. 546,

568.

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to recover possession of his demised property except under the stringent

conditions prescribed by the Acts.

The policy of the Rent Acts was and is to protect the tenant in his home,

whether the threat be to extort a premium for the grant or renewal of his

tenancy, to increase his rent, or to evict him. ... The Rent Acts have

throughout their history constituted an interference with contract and

property rights for a specific purpose – the redress of the balance of

advantage enjoyed in a world of housing shortage by the landlord over

those who have to rent their homes.3

These regimes of rent control and irremovability are further reinforced

with criminal sanctions in the various states.4It is a criminal offence to

demand and receive more than the rent prescribed under the Act.5It is

equally an offence to forcibly eject a tenant without recourse to the courts

in Grenada and Jamaica.6

The policy underpinning the Rent Restriction Acts in the Caribbean

can be traced to the corresponding English legislation, which had rent

control as its fundamental objective. As explained in Skinner v. Geary,7the

English Acts were enacted during wartime when there was scarcity of

houses, resulting in demands for high rents by landlords. The English

Parliament intervened by fixing the rents which could be recovered, and

protected a tenant who paid the rent fixed by the statute against eviction.

According to the Privy Council, the Act in Jamaica

was passed in 1944, not only to restrict the rent which could properly be

charged, but also to protect the occupation by tenants of rented accom-

modation. This latter protection was achieved by preventing landlords

recovering possession upon the expiration of the contractual tenancy,

unless and until they could satisfy certain specified requirements laid

down by the Act.8

3Horford Investments Ltd. v. Lambert [1974] 1 All E.R. 131, 139.

4Golden Star Manufacturing Co. Ltd. v. Jamaica Frozen Foods Ltd. (1986) Court of Appeal,

Jamaica, Civil Appeal No. 13 of 1986 (unreported).

5Rent Restriction Act, 1992, Cap.378 (Antigua), ss. 5 and 18(2); Rent Restriction Act,

1980, Cap.158 (Belize), ss. 5 and 14; Tenancies and Rent Control Act, 1990, Ch. 54.72

(Dominica), s. 6, 14 and 41; Rent Restriction Act, 1990, Cap.286 (Grenada), ss. 18(3) and

29; Rent Restriction Act, 1973, Cap.36.23 (Guyana), s. 20 (1), (2) and (3); Rent Restriction

Act, 1984, Cap.341 (Jamaica), s. 20(3) and 30; Rent Restriction Act, 1961, Cap.307 (St.

Kitts), s. 24(2); Rent Restriction Act, 2001, Cap.13:23 (St. Lucia), s. 16(3); Rent Restriction

Act, 1990, Cap.249 (St. Vincent), s. 9(3) and 16; Rent Restriction Act, 1980, Ch. 59.50

(Trinidad and To bago), s. 10(3) and 17.

6Rent Restriction Act, 1990, Cap.286 (Grenada), ss. 24 and 29; Rent Restriction Act, 1984,

Cap.341 (Jamaica), s. 27 and 30.

7[1931] 2 K.B. 266, 268.

8Marcos Dabdoub v. Eli Saba & Ano. [1991] 1 W.L.R. 315, 317.

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SCOPE OF THE ACTS

The Acts in Grenada, Guyana, Jamaica, and Trinidad and To bago govern

dwelling-houses, which are furnished or not furnished, building land,

public and business or commercial buildings. Premises let in Antigua, St.

Kitts, and St. Lucia for rent which includes payment for use of furniture do

not fall within the scope of the legislation.

[a]ll land which is building land ...or becomes building land and to all

dwelling houses, and public or commercial buildings whether in existence

or let ...or erected whether let furnished or unfurnished, being building

land or dwelling houses.9

This is the coverage of the Acts in the Caribbean, except that the provisions

in Belize, Dominica, St. Lucia and St. Vincent do not mention, and therefore

do not encompass public or commercial buildings.10

Table 15.1 (p. 694) shows the extent to which the Acts in the respective

territories apply to these various types of property.

Dwelling-house

“Dwelling-house” has been defined as a house or part thereof or a room

which is separately let.11 Four main elements stand out from this definition

of a “dwelling-house”., viz.:

(a) dwelling-house, i.e., a house or part of a house or a room;

(b) which is let;

9Rent Restriction Act, 1992, Cap.378 (Antigua), s. 3; Rent Restriction Act, 2000, Cap.195

(Belize), s. 3; Tenancies and Rent Control Act, 1990, Ch. 54.72 (Dominica), s. 3; Rent

Restriction Act, 1990, Cap.286 (Grenada), s. 3; Rent Restriction Act, 1973, Cap.36.23

(Guyana), s. 3; Rent Restriction Act, 1984, Cap.341 (Jamaica), s. 3; Rent Restriction Act,

1961, Cap.307 (St. Kitts), s. 3; Rent Restriction Act, 2001, 13:23 (St. Lucia), s. 3; Rent

Restriction Act, 1990, Cap.249 (St. Vincent), s. 3; Rent Restriction Act, 1980, Ch. 59.50

(Trinidad and To bago), s. 3.

10 Rent Restriction Act, 2000, Cap.195 (Belize), s. 3; Tenancies and Rent Control Act,

1990, Ch. 54.72 (Dominica), s. 3; Rent Restriction Act, 2001, 13:23 (St. Lucia), s. 3; Rent

Restriction Act, 1980, Cap.249 (St. Vincent), s. 3.

11 Rent Restriction Act, 1992, Cap.378 (Antigua), s. 2; Rent Restriction Act, 1980, Cap.158

(Belize), s. 2 (defines premises to include any dwelling-house, flat and any other

building in which persons dwell and any part of any premises let or sublet separately);

Tenancies and Rent Control Act, 1990, Ch. 54.72 (Dominica), s. 2; Rent Restriction Act,

1990, Cap.286 (Grenada), s. 2. Rent Restriction Act, 1973, Cap.36.23 (Guyana), s. 2; Rent

Restriction Act, 1984, Cap.341 (Jamaica), s. 2; Rent Restriction Act, 1961, Cap.307 (St.

Kitts.), s. 2; Rent Restriction Act, 2001, 13:23 (St. Lucia), s. 2; Rent Restriction Act, 1990,

Cap.249 (St. Vincent), s. 2; Rent Restriction Act, 1980, Ch. 59:50 (Trinidad and To bago),

s. 2.

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