CHAPTER 193 - LANDLORD AND TENANT (BUSINESS PREMISES) ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Landlord and Tenant (Business Premises) Regulations
Landlord and Tenant (Business Premises) Rules
LANDLORD AND TENANT (BUSINESS PREMISES) REGULATIONS
[Section 27]
Arrangement of Regulations
Regulation
1. Title
2. Prescribed forms
[Regulations by the Minister]
SI 251 of 1971.
These Regulations may be cited as the Landlord and Tenant (Business Premises) Regulations.
The forms in the Schedule, or forms substantially to the like effect, shall be used for the following purposes, that is to say:
(a) a notice under the provisions of section 4 of the Act, being a notice terminating a tenancy of the business premises to which the Act applies, shall be in Form 1;
(b) a notice under the provisions of section 6 of the Act, being a tenant’s request for a new tenancy of business premises to which the Act applies, shall be in Form 2;
(c) a notice under the provisions of sub-section (1) of section 21 of the Act, being a notice requiring a tenant of business premises to give information as to his occupation of the premises and as to any sub-tenancies, shall be in Form 3;
(d) a notice served under the provisions of sub-section (2) of section 21 of the Act on a landlord of business premises, being a notice requiring that landlord to give information about his interest in the premises, shall be in Form 4;
(e) a notice served under the provisions of sub-section (2) of section 21 of the Act on a mortgagee in possession of business premises, being a notice requiring that mortgagee to give information about his mortgagor’s interest in the premises, shall be in Form 5.
PRESCRIBED FORMS
FORM 1
[Regulation 2(a)]
THE LANDLORD AND TENANT (BUSINESS PREMISES) ACT
LANDLORD’S NOTICE TO TERMINATE TENANCY OF BUSINESS PREMISES
1. I, ............................................. ., of ................................................, landlord of the above-mentioned premises, hereby give you notice terminating your tenancy on the day of ............................. , 20 .......
2. You are required within two months after the giving of this notice to notify me in writing whether or not you will be willing to give up possession of the premises on that date.
3. I would not oppose an application to the court under the Act for the grant of a new tenancy, or I would oppose an application to the court under the Act for the grant of a new tenancy on the ground that (here state ground or grounds).
4. This notice is given under the provisions of section 5 of the Landlord and Tenant (Business Premises) Act.
Dated this ...................................................... day of 20 .......
FORM 2
[Regulation 2(b)]
TENANT’S REQUEST FOR NEW TENANCY OF BUSINESS PREMISES
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2. I propose that the property to be comprised in the new tenancy should be (here state the property).
3. My proposals on the rent to be payable under the new tenancy and as to the other terms of the new tenancy are (here state the rent and terms proposed).
4. This request is made under the provisions of section 6 of the Landlord and Tenant (Business Premises) Act.
FORM 3
[Regulation 2(c)]
NOTICE REQUIRING INFORMATION ABOUT OCCUPATION AND SUB-TENANCIES OF BUSINESS PREMISES
To........., of.........., tenant of premises known as..........
1. I, ........................................................... , of ......................................., landlord of the above-mentioned premises, hereby require you within one month of the service of this notice upon you, to notify me in writing—
(a) whether you occupy the premises or any part thereof wholly or partly for the purposes of a business carried on by you; and
(b) whether you have a sub-tenant of the whole or any part of the premises.
2. If you have a sub-tenant I hereby require you to state—
(a) what premises are comprised in the sub-tenancy;
(b) if the sub-tenancy is for a fixed term, what is the term, or, if the sub-tenancy is terminable by notice, by what notice it can be terminated;
(c) the rent payable under the sub-tenancy;
(d) the full name of the sub-tenant;
(e) whether, to the best of your knowledge and belief, the sub-tenant is in occupation of the premises sub-let to him or any part thereof and, if not, what is the sub-tenant’s address.
3. This notice is given under the provisions of section 21(1) of the Landlord and Tenant (Business Premises) Act.
Dated this ........................................................... day of ............................................................. 19 .......
Signed...........................................(Landlord)
......................................................(Address)
FORM 4
[Regulation 2(d)]
NOTICE BY TENANT OF BUSINESS PREMISES REQUIRING INFORMATION FROM LANDLORD ABOUT LANDLORD’S INTEREST
To....................... of........................, landlord of premises known as..........
1. I, ........................................................... , of ................................................................................. ,
tenant of the above-mentioned premises, hereby require you, within one month of the service of this notice upon you, to notify me in writing whether you are the owner of the fee simple of the whole or any part of the premises. If you are not the owner of the fee simple, I hereby require you to state to the best of your knowledge and belief—
(a) the name and address of the person who is your immediate landlord in respect of the premises or of the part of which you are not the owner of the fee simple;
(b) what is the term of your tenancy; and
(c) what is the earliest date (if any) at which your tenancy is terminable by notice to quit given by your immediate landlord.
2. I also require you to notify me whether there is a mortgagee in possession of your interest in the premises and, if so, what is the name and address of the mortgagee and, if there is a receiver appointed by the mortgagee or by the court, of the receiver.
3. This notice is given under the provisions of section 21(2)(a) of the Landlord and Tenant (Business Premises) Act.
Dated this ........................................................... day of .............................................................. 19 .......
Signed ......................................... (Landlord)
.....................................................(Address)
FORM 5
[Regulation 2(e)]
NOTICE BY TENANT OF BUSINESS PREMISES REQUIRING INFORMATION FROM MORTGAGEE ABOUT LANDLORD’S INTEREST
To ...................................................................... , of ................................................................. ,mortgagee in possession of premises known as ......................................................................
1. I, ................................................................ , of ..................................................................... ,
tenant of the above-mentioned premises, hereby require you, within one month of the service of this notice upon you, to notify me whether your mortgagor is the owner of the fee simple of the whole or any part of the premises.
2. If your mortgagor is not the owner of the fee simple of the whole of the premises, I hereby require you to state to the best of your knowledge and belief—
(a) the name and address of the person who is your mortgagor’s immediate landlord in respect of the premises or of the part of which your mortgagor is not the owner of the fee simple;
(b) what is the term of your mortgagor’s tenancy; and
(c) what is the earliest date (if any) at which the tenancy is terminable by notice to quit given by the immediate landlord.
3. This notice is given under the provisions of section 21(2)(b) of the Landlord and Tenant (Business Premises) Act.
Dated this ........................................................... day of ................................................, 20 .......
Signed................................................(Landlord)
...........................................................(Address)
LANDLORD AND TENANT (BUSINESS PREMISES) RULES
[Section 26]
Arrangement of Rules
Rule
1. Title
3. Commencement of proceedings
4. Issue of originating notice of motion
5. Application for new tenancy under section 4 of the Act
6. Evidence on application under section 4 of the Act
7. Consent order by Registrar
8. Application under section 7 of the Act
9. Order
10. Application under section 12(2)(b) of the Act
11. Application for extension of time under section 10(4) of the Act
12. Application under section 18 of the Act
13. Application under section 28 of the Act
14. Fees
15. Payment of rent into court
[Rules by the Chief Justice]
Act 13 of 1994,
SI 31 of 1973.
These rules may be cited as the Landlord and Tenant (Business Premises) Rules.
In these rules, unless the context otherwise requires—
“the Act” means the Landlord and Tenant (Business Premises) Act,
“Registrar” means the Registrar of the High Court, and includes a Deputy Registrar and a District Registrar.
3. Commencement of proceedings
An application made to the court under the Act shall be commenced by an originating notice of motion. Evidence in support thereof may be on affidavit or, where an affidavit is not required by these Rules, viva voce.
4. Issue of originating notice of motion
(1) Any originating notice of motion by which an application is made under the Act shall be issued out of the court, or the principal or district registry of the court, for the province or district, as the case may be, in which the premises to which the application relates are situated.
(2) Unless the court gives leave to the contrary, there must be at least fourteen clear days between service of the notice of motion and the day named in the notice for hearing the motion. Leave to serve short notice of motion may be obtained on ex parte application to the court.
(3) The person who in relation to the relevant current tenancy is the landlord or the tenant, as the case may be, shall be made the respondent to the notice of motion.
5. Application for new tenancy under section 4 of the Act
(1) The originating notice of motion by which an application under section 4 of the Act for a new tenancy is made must state—
(a) the premises to which the application relates and the business carried on there;
(b) particulars of the applicant’s current tenancy of the premises and of every notice or request given or made in respect of that tenancy under section 5 or 6 of the Act; and
(c) the applicant’s proposals as to the terms of the new tenancy applied for including, in particular, terms as to the duration thereof and as to the rent payable thereunder.
6. Evidence on application under section 4 of the Act
(1) On issuing the originating notice of motion by which an application under section 4 of the Act for a new tenancy is made the applicant must file an affidavit verifying the statements of fact made in the notice of motion.
(2) Not less than four days before the day fixed for the first hearing of the notice of motion the respondent must file an affidavit stating—
(a) whether he opposes the grant of a new tenancy and if he does, on what ground;
(b) whether, if a new tenancy is granted, he objects to any of the applicant’s proposals as to the terms thereof and, if he does, the terms to which he objects and the terms he proposes in so far as they differ from the terms proposed by the applicant.
If on the day fixed for the hearing of an application to the High Court under section 4 of the Act the Registrar is satisfied that—
(a) the parties to the application have agreed on the subject, period and terms of the new tenancy;
(b) the owner of any reversionary interest in the property consents thereto; and
(c) there are no other persons with interests in the property who are likely to be affected, the Registrar shall have power to make an order giving effect to the agreement.
8. Application under section 7 of the Act
An application by a landlord under section 7 of the Act to the court to determine the rent which it would be reasonable for the tenant to pay while the tenancy continues by virtue of section 4 of the Act shall be supported by affidavit.
Where the court hearing an application under section 4 of the Act is precluded by section 12 of the Act from making the order for a grant of a new tenancy by reason of any of the grounds specified in sub-section (1) of section 11 of the Act, the order dismissing the application shall state all the grounds by reason of which the court is so precluded.
10. Application under section 12(2)(b) of the Act
An application by a tenant to the court for an order under paragraph (b) of sub-section (2) of section 12 of the Act shall be made ex parte in chambers.
11. Application for extension of time under section 10(4) of the Act
An application by a tenant under sub-section (4) of section 10 of the Act to the court to extend the period specified under sub-section (3) of that section shall be made ex parte in chambers.
12. Application under section 18 of the Act
Notwithstanding sub-rule (2) of rule 4 of these rules, in the case of an application by a tenant under section 18 of the Act to the court for revocation of an order for the grant of a new tenancy, there must be at least four clear days between service of the notice of motion and the day named in the notice for hearing the motion.
13. Application under section 28 of the Act
An application by a tenant under section 28 of the Act to the court for determination of rent shall be supported by affidavit.
Upon any application under the Act to the court there shall be paid in respect of the filing of such application a fee of fifty fee units where the application is made to the High Court and fifty fee units where the application is made to a Subordinate Court.
[Am by Act 13 of 1994.]
15. Payment of rent into court
(1) Where a tenant elects to pay to the court rent due to his landlord such payment shall be made at the time and in the amount such rent was due to be paid to the landlord. Notice in writing of the election to make such payment, specifying the cause of action in respect of which payment is made, shall be lodged in court with the first payment into court. A copy of such notice shall be served upon the landlord.
(2) A landlord may claim rent paid to the court by his tenant either personally or by agent with authority in writing signed by the landlord, or where the landlord is a corporation, signed by the secretary or a principal officer of the corporation.
(3) Rent paid into court under the Act may be claimed by the landlord within one year of the date of payment into court. Rent unclaimed within the aforesaid period of one year shall be disposed of in pursuance of an order of the court or a Judge, and such order shall direct that such rent be paid into the general revenues of the Republic.
(4) A court may deduct 21/2 per centum commission on rent paid into court by a tenant.
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