LANDLORD AND TENANT ACT 2025

 
A BILL entitled
LANDLORD AND TENANT ACT 2025

10 Additional charges prohibited
11 Void provisions in tenancy agreement
12 Subletting or parting with possession by tenant
13 Rent increases
14 Late rental fees
15 Security deposits
PART 3
RESPONSIBILITIES OF LANDLORDS
16 Landlord’s responsibility to repair
17 Landlord prohibited from harassing, locking out or denying services to tenant
18 Landlord not to interfere with reasonable enjoyment
19 Covenant for use of valuation unit number
20 Privacy
21 Entry into premises
PART 4
RESPONSIBILITIES OF TENANTS 22 Tenant’s responsibilities to pay rent and maintain premises etc. 23 Tenant prohibitions
PART 5
SECURITY OF TENURE AND TERMINATION OF TENANCIES
24 Termination only in accordance with Act
25 Deemed renewal where no notice
26 Restriction on recovery of possession
27 Distress abolished
28 Disposal of property
29 Tenant’s notice to terminate, end of period or term
30 Landlord’s notice to terminate for breach of tenant’s obligations
31 Termination, and other remedies for breach of landlord’s obligations
32 Termination by notice
33 Termination of agricultural tenancies by notice
34 Return of deposit
PART 6
LANDLORD AND TENANT TRIBUNAL
35 Constitution of the Landlord and Tenant Tribunal
36 Landlord applications to the Tribunal for termination
37 Application for arrears of rent
38 Application for compensation for damage
39 Tenant applications to the Tribunal
40 Hearing of application
41 Order, repair, comply with standards
42 Compensation when premises not vacated
43 Order to vacate
44 Terms of order for possession
45 Proceedings after tenant vacates
46 Further applications on point of law
47 Direction as to costs and regulations on procedure and evidence
PART 7
RENT INCREASES (DOMESTIC PREMISES) CONTROL ACT 1978
48 Interpretation
49 Application
50 Appointment of Commissioner
51 Exercise of powers of Commissioner
52 Rent Increases Advisory Panel
53 Determination by Commissioner
54 Directions of the Minister
55 Grounds for termination of tenancies
56 Appeal to court
57 Proceedings of appeal
58 Rules
59 Rent control regulations

PART 8
MISCELLANEOUS
60 Regulations
61 Application to Crown
SCHEDULE 1
Tenancy Agreement
SCHEDULE 2
Notices

2 (1) In this Act, unless the context otherwise requires—
“Board” means the Consumer Affairs Board established under section 3 of the Consumer Protection Act 1999;
“court”, means a court of summary jurisdiction;
“landlord” means the person entitled to the reversion expectant upon the determination of a tenancy agreement;
“let” includes sublet and “letting” includes subletting;
“possession” includes receipt of rents and profits, or the right to receive the same, if any;
“premises” means the subject matter of any tenancy agreement;
“prescribed rules” in relation to proceedings in the Supreme Court, means rules of court prescribed under section 62 of the Supreme Court Act 1905 , and in relation to proceedings in a court of summary jurisdiction means rules prescribed under section 21 of the Magistrates Act 1948;
“prescribed” means prescribed under the Act;
“rental period” means the period in respect of which a payment of rent falls to be made;
“sub-tenant” includes a mortgagee of a term of years who is not in possession and any person deriving title under a sub-tenant;
“security deposit” means any sum of money payable or paid under a tenancy agreement as security for the observance and performance of the tenant’s obligations under the tenancy agreement and the tenants covenants under this Act, as provided in section 15;
“tenancy” includes a sub-tenancy;
“tenancy agreement” or “lease” includes every agreement for the letting of premises, whether oral or in writing;
“tenant” in relation to a tenancy agreement means the person who as between himself and the landlord is entitled to exclusive possession of the premises.
“vital service” means hot or cold water, fuel, electricity, gas or heat.
(2) Nothing in regulation 29 or 30 of the Hotels (Licensing and Control) Regulations 1969 (which relate to the exclusive use of accommodation) shall be construed as creating the relationship of landlord and tenant.
PART 2 TENANCY AGREEMENTS
Information to be provided by landlord
3 (1) If a tenancy agreement is entered into, the landlord shall provide to the tenant information, in accordance with section 5(1), relating to the rights and responsibilities of landlords and tenants.
(2) The information shall be provided to the tenant on or before the date the tenancy begins in such form as may be prescribed.
Tenancy agreement categories
4 Every tenancy agreement that is entered into in respect of a tenancy shall comply with the following requirements—
(a) the tenancy agreement shall be in writing in the form prescribed in Schedule 1;
(b) the tenancy agreement shall comply with the requirements prescribed in the Act.
Contents of tenancy agreement
5 (1) Every tenancy agreement shall include the following minimum information— (a) the full name and contact address of the landlord;
(b) the landlord’s contact telephone number (if any);
(c) the landlord’s contact email address (if any);
(d) the full name and contact address (where that is different from the address of the premises to which the agreement relates) of the tenant;
(e) the tenant’s contact telephone number (if any);
(f) the tenant’s contact email address (if any);
(g) the address of the premises;
(h) the date of the tenancy agreement; expire.
(2) If a tenant under a tenancy agreement that was entered into before subsection (1) comes into force requests the landlord to provide the information referred to in that subsection, the landlord must, within a reasonable time after receiving the request, provide the information in writing to the tenant.
(3) If anything changes so that the information that was included in the tenancy agreement in accordance with subsection (1) or that was provided in accordance with subsection (2), the landlord must provide the correct information in writing to the tenant within a reasonable time after the landlord becomes aware of the change.
(4) The landlord shall give a copy of the agreement, signed by the landlord and the tenant, to the tenant within 7 days after the tenant signs it and gives it to the landlord.
Acceleration clause void
6 A provision in a tenancy agreement providing that all or part of the remaining rent for a term or period of a tenancy or a specific sum becomes due upon a default of the tenant is void.
Minimize losses
7 When a landlord or a tenant becomes liable to pay any amount as a result of a breach of a tenancy agreement, the person entitled to claim the amount has a duty to take reasonable steps to minimize the person’s losses.
Covenants interdependent
8 Except as otherwise provided in this Act, the common law rules respecting the effect of a serious, substantial or fundamental breach of a material covenant by one party to a contract on the obligation to perform of the other party apply with respect to tenancy agreements.
Frustrated contracts
9 The doctrine of frustration of contract and the Law Reform (Misrepresentation and Frustration of Contracts) Act 1977 apply with respect to tenancy agreements.
Additional charges prohibited
10 (1) Unless otherwise prescribed, no landlord shall, directly or indirectly, with respect to any rental unit—
(a) collect or require or attempt to collect or require from a tenant, prospective tenant or former tenant of the rental unit a fee, premium, commission, bonus, penalty, key deposit or other like amount of money whether or not the money is refundable;
(b) require or attempt to require a tenant or prospective tenant to pay any consideration for goods or services as a condition for granting the tenancy or continuing to permit occupancy of a rental unit if that consideration is in addition to the rent the tenant is lawfully required to pay to the landlord.
(2) No landlord shall, directly or indirectly, with respect to any rental unit, collect or require or attempt to collect or require from a former tenant of the rental unit any amount of money purporting to be rent in respect of—
(a) any period after the tenancy has terminated and the tenant has vacated the rental unit; or
(b) any period after the tenant’s interest in the tenancy has terminated and the tenant has vacated the rental unit.
(3) No property manager or other person who acts on behalf of a landlord with respect to a rental unit shall, directly or indirectly, with or without the authority of the landlord, do any of the things prohibited under clause (1) (a) or (b) or subsection (2) with respect to that rental unit.
(4) Unless otherwise prescribed, no tenant and no person acting on behalf of the tenant shall, directly or indirectly—
(a) sublet a rental unit for a rent that is payable by one or more subtenants and that is greater than the rent that is lawfully charged by the landlord for the rental unit;
(b) collect or require or attempt to collect or require from any person any fee, premium, commission, bonus, penalty key deposit or other like amount of money, for subletting a rental unit, for surrendering occupancy of a rental unit or for otherwise parting with possession of a rental unit; or
(c) require or attempt to require a person to pay any consideration for goods or services as a condition for the subletting, assignment or surrender of occupancy or possession in addition to the rent the person is lawfully required to pay to the tenant or landlord.
Void provisions in tenancy agreement
11 (1) Any covenant or agreement, whether contained in a tenancy agreement or in any agreement collateral to such tenancy agreement, shall be void so far as it purports to—
(a) require the tenant to pay land tax for the house or apartment in the case of a short term tenancy of less than three years;
(b) in a house or apartment occupied by more than one tenant, not to require that utility and water expenses be divided and allotted equally per head count of tenants of the house or apartment during the billing period.
(2) Any covenant or agreement referred to in subsection (1) that purports to require a guarantor to co-sign the tenancy agreement shall be void, except where—
(a) the landlord has fully assessed, and is satisfied with, the guarantor’s ability to pay the rent; and
(b) the landlord undertakes in writing to notify the tenant within a period of 14 days of the failure of the guarantor to comply with the obligations of the guarantor under the tenancy agreement.
Subletting or parting with possession by tenant
12 (1) There may be included in a tenancy agreement a provision that expressly and unconditionally prohibits the tenant from subletting or parting with possession of the premises during the term of the tenancy without the prior written consent of the landlord.
(2) Where a tenant sublets or otherwise parts with possession of the premises without the prior written consent, in contravention of a tenancy agreement the landlord may serve the tenant with a notice of termination of the tenancy agreement pursuant to section 30.
(3) For the purpose of this section, “parting with possession” includes granting exclusive or ongoing occupancy rights to any other person, whether for monetary consideration or otherwise, and whether formalized by a sublease, licence, or informal arrangement.
Rent increases
13 (1) Subject to subsection (2), where a tenancy agreement for a house or apartment permits the increase of rent whether on a weekly, monthly, or yearly basis, the landlord shall, if he intends to increase the rent, give his tenant a written notice of 60 days of his intention to increase the rent.
(2) Subsection (1) does not apply to—
(a) a tenancy agreement that is for a period of less than 60 days; or
(b) a tenant who has continuously resided in the premises for less than 2 years from the commencement of the tenancy.
(3) Any dispute arising from a proposed rent increase may be referred by either party to the Tribunal for review, who may determine whether the proposed increase is fair and reasonable, having regard to market conditions, the condition of the premises, the timing and amount of previous increases and any hardship caused to the tenant.
Late rental fees
14 (1) No landlord shall impose on a tenant a daily late rental fee that exceeds 5% of the monthly rentals payable in the case where the annual rental value of the house or apartment does not exceed $60,000.
(2) Where the annual rental value of the house or apartment exceeds $60,000—
(a) the late rental fee shall apply in an amount agreed by the landlord and tenant if the agreed fee is expressly stated in the tenancy agreement; or
(b) no late rental fee shall apply if the tenancy agreement does not make reference to such a fee.
(3) A late rental fee shall apply—
(a) as from the expiry of five business days from the date the rent for the house or apartment became due to be paid; and
(b) until such date as any outstanding rent and any outstanding late rental fees are fully paid.
(4) Where the late rental fee is outstanding, the rent payable each subsequent period shall include the amount of the late rental fee outstanding up to that period.
(5) Any late rental fee payable under this section shall cease to apply with respect to any tenancy agreement as from the date of termination of that tenancy agreement.
Security deposits
15 (1) A written tenancy agreement of a house or apartment may require that, prior to taking possession of the premises, the tenant is to pay a security deposit.
(2) The security deposit shall not exceed the amount equal to rent payable for three months.
(3) The security deposit paid under subsection (1) by a tenant shall be held in escrow by the landlord as security for—
(a) the performance of any tenant’s obligations under this Act or the tenancy agreement; or
(b) the discharge of any liability incurred by the tenant in connection with the tenancy,
rising under this Act or in connection with the tenancy agreement.
(4) Notwithstanding the payment of any security deposit as mentioned in subsection (1), a tenant may not require that the security deposit paid to the landlord be used in lieu of the payment of rent due and payable at any time during the tenancy and shall, in accordance with the terms of the tenancy agreement, pay the landlord the rent due for each month up to the last month of the tenancy or other final period of the tenancy.
(5) Subject to any lawful deductions that may be made by the landlord pursuant to subsection (5), the landlord shall refund the balance of the security deposit to the tenant no later than 30 days after the termination of the contract of tenancy.
(6) A landlord may only make reasonable deductions from the security deposit to defray the financial loss the landlord may have suffered in relation to the failure by the tenant to comply with the performance of any obligations of the tenant or the discharge of any liability as provided in subsection (2).
(7) The landlord shall provide the tenant with a written itemized statement of any deductions made, along with any remaining balance of the deposit.
(8) Where the financial loss suffered by the landlord as provided in subsection (6) is in excess of the amount of the security deposit paid by the tenant, the amount in excess may be recovered from the tenant by the landlord as a civil debt.
(9) Where a security deposit is paid as provided in subsection (1), the tenancy agreement shall contain a stipulation requiring the landlord to transfer the security deposit paid by the tenant to a new owner of the house or apartment in the case where the landlord sells the house or apartment under the tenancy agreement, and the landlord shall notify the tenant in writing of such transfer within a reasonable time.
PART 3 RESPONSIBILITIES OF LANDLORDS
Landlord’s responsibility to repair
16 (1) In any tenancy agreement of a house or apartment, being a tenancy
agreement to which this Part applies, there shall be implied a covenant by the landlord—
(a) to keep in repair the structure and exterior of the house or apartment (including drains, fresh water tanks and external pipes);
(b) to keep in repair and working order any cesspool to which the drainage of the house or apartment is connected;
(c) to keep in repair and working order the installations in the house or apartment—
(i) for the supply of water and electricity, for gas (if any), and for sanitation (including basins, sinks, baths, showers and sanitary conveniences but not, except as aforesaid, fixtures, fittings and appliances for making use of the supply of water, electricity or gas); and
(ii) for heating water (where such installation already exists);
and any covenant by the tenant for the repair of the premises (including any covenant to put in repair or deliver up in repair or to pay money in lieu of repairs by the tenant or on account of repairs by the landlord) shall be of no effect so far as it relates to the matters mentioned in paragraphs (a), (b) and (c) of this subsection.
(2) The covenant implied by this section (hereinafter referred to as the landlord’s repairing covenant) shall not be construed as requiring the landlord—
(a) to carry out any works or repairs for which the tenant is liable by virtue of his duty to use the premises in a tenant-like manner, or would be so liable apart from any express covenant on his part;
(b) to rebuild or reinstate the premises in the case of destruction or damage by fire, or by tempest, flood, or other inevitable accident; or
(c) to keep in repair or maintain anything which the tenant is entitled to remove from the house or apartment;
and subsection (1) shall not avoid any covenant by the tenant so far as it imposes on the tenant any of the requirements mentioned in paragraph (a) or paragraph (c) of this subsection.
(3) In determining the standard of repair required by the landlord’s repairing covenant, regard shall be had to the age, character and prospective life of the house or apartment and the locality in which it is situated.
(4) In any tenancy agreement in which the landlord’s repairing covenant is implied, there shall also be implied a covenant by the tenant that the landlord, or any person authorised by him in writing, may at reasonable times of the day, on giving twenty-four hours notice in writing to the occupier, enter the premises for the purpose of viewing their condition and state of repair.
(5) Where a landlord contravenes the responsibility to repair in accordance with subsection (1) , the tenant may apply to the Tribunal to terminate the tenancy agreement pursuant to section 31.
Landlord prohibited from harassing, locking out or denying services to tenant
17 (1) A landlord shall not harass, obstruct, coerce, threaten or interfere with the tenant with whom he has concluded a tenancy agreement.
(2) A landlord shall not alter the locking system on a door giving entry to a house or apartment or cause the locking system to be altered during the tenant’s occupancy of the house or apartment without giving the tenant replacement keys.
(3) A landlord shall not at any time during a tenant’s occupancy of a house or apartment and before the day on which an order evicting the tenant is executed, withhold the reasonable supply of any vital service, care service or food that it is the landlord’s obligation to supply under the tenancy agreement or deliberately interfere with the reasonable supply of any vital service, care service or food.
(4) For the purposes of subsection (3), a landlord shall be deemed to have withheld the reasonable supply of a vital service, care service or food if the landlord is obligated to pay another person for the vital service, care service or food, the landlord fails to pay the required amount and, as a result of the non payment, the other person withholds the reasonable supply of the vital service, care service or food.
(5) For the avoidance of doubt, the imposition of late fees or other financial penalties by a landlord shall not be permitted unless expressly provided for in a tenancy agreement or as may be prescribed.
(6) Any contravention of subsections (1) to (4), may be the subject of a complaint to a Tribunal established under this Act.
Landlord not to interfere with reasonable enjoyment
18 (1) A landlord shall not at any time during a tenant’s occupancy of a rental unit and before the day on which an order evicting the tenant is executed substantially interfere with the reasonable enjoyment of the rental unit for all usual purposes by a tenant or members of his household.
(2) For the purposes of this section, “reasonable enjoyment” includes, but is not limited to, the tenant’s ability to reside peacefully in the unit without undue disruption, nuisance, intimidation, or obstruction to the normal use and enjoyment of the premises.
(3) Substantial interference includes—
(a) repeated or deliberate entry by the landlord without proper notice or consent, except in cases of emergency;
(b) excessive noise or construction initiated by the landlord without reasonable justification or scheduling accommodation;
(c) surveillance or monitoring of the premises beyond what is necessary for maintenance or safety;
(d) failure to carry out repairs within a reasonable time where such delay materially affects the tenant’s use of the premises.
Covenant for use of valuation unit number
19 (1) In every tenancy agreement of a house or apartment that has been assigned a valuation unit number, there shall be a covenant on the part of the landlord to the effect that the tenant shall be entitled to use that valuation unit number for the purposes of registering a private motor car under the Motor Car Act 1951 during the term of the tenancy agreement, to the exclusion of the landlord.
(2) For the purposes of subsection (1), “valuation unit number” means the number that has been assigned to a valuation unit by the Director of Land Valuation under the Land Valuation and Tax Act 1967.
Privacy
20 A landlord may enter a rental unit only in accordance with section 21.
Entry into premises
21 (1) A landlord may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry under the following circumstances—
(a) to carry out a repair or replacement or do work in the rental unit;
(b) to allow a potential mortgagee or insurer of the residential complex to view the rental unit;
(c) to allow a person to make a physical inspection of the rental unit who holds—
(i) a certificate of authorization within the meaning of the Professional Engineers Registration Act 1972;
(ii) a certificate of practice within the meaning of the Architects Registration Act 1969 or another qualified person to make a physical inspection of the rental unit;
(iii) a certificate of registration within the meaning of the Professional Surveyors Registration Act 1997;
(iv) such other qualification as may be prescribed;
(d) to carry out an inspection of the rental unit, if—
(i) the inspection is for the purpose of determining whether or not the rental unit is in a good state of repair and fit for habitation and complies with health, safety, housing and maintenance standards, consistent with the landlord’s obligations , and
(ii) it is reasonable to carry out the inspection;
(e) if the tenant consents to the entry at the time of entry; or
(f) for any other reasonable reason for entry specified in the tenancy agreement.
(2) A landlord or, an agent authorized in writing by the landlord, may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry to allow a potential purchaser to view the rental unit.
(3) The written notice under subsection (1) or (2) shall specify the reason for
22
(c) keep the premises reasonably clean and reasonably tidy; and
(d) be responsible for the repair of undue damage to the rental unit or residential unit caused by the wilful or negligent conduct of the tenant, another occupant of the rental unit or a person permitted in the residential unit by the tenant;
(e) not harass, obstruct, coerce, threaten or interfere with the landlord;
(f) notify the landlord as soon as possible after discovery of any damage to the premises or of the need for any repairs; and
(g) on the termination of the tenancy—
(i) quit the premises; and
(ii) remove all his goods from the premises; and
(iii) leave the premises in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish; and
(iv) return to the landlord all keys, and security or pass cards or other such devices, provided by the landlord for the use of the tenant; and
(v) leave in or at the premises all other chattels provided by the landlord for the use of the tenant.
(2) Where the tenancy agreement specifies a maximum number of persons that may ordinarily reside in the premises during the tenancy, the tenant shall ensure that no more than that number ordinarily reside in the premises at any time during the tenancy.
Tenant prohibitions
23 (1) The tenant shall not—
(a) intentionally or carelessly damage, or permit any other person to damage, the premises, including any fixtures, fittings, or common areas associated with the premises;
(b) cause or permit any interference with, or render inoperative, any means of escape from fire in breach of the fire certificate issued under the Fire Safety Act 2014, or otherwise act in a manner that compromises safety;
(c) use the premises, or permit the premises to be used, for any unlawful purpose, including activities prohibited under criminal law, planning regulations or other applicable laws and standards; or
(d) cause or permit any interference with the reasonable peace, comfort, or privacy of—
(i) any of the landlord’s other tenants in the use and enjoyment of the premises they occupy; or
(ii) any other person lawfully residing in the neighbourhood.
(2) The tenant shall be liable for the cost of repairs necessitated by damage caused in breach of subsection (1)(a), unless such damage arose from reasonable wear and tear or was otherwise the landlord’s responsibility under the tenancy agreement.
PART 5 SECURITY OF TENURE AND TERMINATION OF TENANCIES
Termination only in accordance with Act
24 (1) A tenancy may be terminated only in accordance with this Act.
(2) Notice to terminate a tenancy shall be in writing and may, but need not, be in the form set out in Part I of Schedule 2.
(3) Subject to any agreement in writing providing for a different manner of service, a notice to terminate a tenancy shall be served in the manner prescribed by Part II of Schedule 2.
(4) If a notice of termination is given in accordance with this Act and the tenant vacates the rental unit in accordance with the notice, the tenancy is terminated on the termination date set out in the notice.
(5) A notice of termination need not be given if a landlord and a tenant have agreed to terminate a tenancy.
Deemed renewal where no notice
25 (1) If a tenancy agreement for a fixed term ends and has not been renewed or terminated, the landlord and tenant shall be deemed to have renewed it as a monthly tenancy agreement containing the same terms and conditions that are in the expired tenancy agreement and subject to any increases in rent charged in accordance with this Act.
(2) If the period of a daily, weekly or monthly tenancy ends and the tenancy has not been renewed or terminated, the landlord and tenant shall be deemed to have renewed it for another day, week or month, as the case may be, with the same terms and conditions that are in the expired tenancy agreement and subject to any increases in rent charged in accordance with this Act.
(3) If the period of a periodic tenancy ends, the tenancy has not been renewed or terminated and subsection (2) does not apply, the landlord and tenant shall be deemed to have renewed it as a monthly tenancy, with the same terms and conditions that are in the expired tenancy agreement and subject to any increases in rent charged in accordance with this Act.
Restriction on recovery of possession
26 A landlord shall not recover possession of a rental unit subject to a tenancy unless—
(a) the tenant has vacated or abandoned the unit; or
(b) an order of the Tribunal evicting the tenant has authorized the possession.
Distress abolished
27 No landlord shall, without legal process, seize a tenant’s property for default in the payment of rent or for the breach of any other obligation of the tenant.
Disposal of property
28 (1) A landlord may dispose of property in a rental unit that a tenant has abandoned and property of persons occupying the rental unit in accordance with subsections (2) and (3) if,
(a) the landlord obtains an order from the Tribunal terminating the tenancy; or
(b) the landlord gives notice to the tenant of the rental unit.
(2) If the tenant has vacated the rental unit, the landlord may dispose of any unsafe or unhygienic items immediately.
(3) The landlord may sell, retain for the landlord’s own use or otherwise dispose of any other items if 30 days have passed after obtaining the order referred to in clause (1) (a) or giving the notice referred to in clause (1) (b) to the tenant and the Tribunal.
(4) If, before the 30 days have passed, the tenant notifies the landlord that he intends to remove property referred to in subsection (3), the tenant may remove the property within that 30-day period.
(5) If the tenant notifies the landlord in accordance with subsection (4) that he intends to remove the property, the landlord shall make the property available to the tenant at a reasonable time and at a location close to the rental unit.
(6) The landlord may require the tenant to pay the landlord for arrears of rent and any reasonable out-of-pocket expenses incurred by the landlord in moving, storing or securing the tenant’s property before allowing the tenant to remove the property.
(7) If, within six months after the date the notice referred to in subsection (1) (b) is given to the tenant and the Tribunal or the order terminating the tenancy is issued, the tenant claims any of his property that the landlord has sold, the landlord shall pay to the tenant the amount by which the proceeds of sale exceed the sum of, (a) the landlord’s reasonable out-of-pocket expenses for moving, storing, securing or selling the property; and (b) any arrears of rent.
(8) Subject to subsections (5) and (7), a landlord is not liable to any person for selling, retaining or otherwise disposing of the property of a tenant in accordance with this section.
Tenant’s notice to terminate, end of period or term
29 A tenant may terminate a tenancy at the end of a period of the tenancy or at the end of the term of a tenancy for a fixed term by giving notice of termination to the landlord in accordance with section 32.
Landlord’s notice to terminate for breach of tenant’s obligations
30 (1) A landlord may give a tenant notice of termination of their tenancy on any of the following grounds—
(a) the tenant has persistently failed to pay rent on the date it becomes due and payable;
(b) the tenant or another occupant of the rental unit commits an illegal act or carries on an illegal trade, business or occupation or permits a person to do so in the rental unit or the residential complex;
(c) the tenant, another occupant of the rental unit or a person whom the tenant permits in the residential complex wilfully or negligently causes undue damage to the rental unit or the residential complex;
(d) the conduct of the tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant is such that it substantially interferes with the reasonable enjoyment of the residential complex for all usual purposes by the landlord or another tenant or substantially interferes with another lawful right, privilege or interest of the landlord or another tenant;
(e) the tenant otherwise contravenes the tenancy agreement as provided under the Act.
(2) The date for termination specified in the notice shall be at least the number of days after the date the notice is given that is set out in section 32 and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term.
Termination, and other remedies for breach of landlord’s obligations
31 (1) A tenant may apply to the Tribunal for an order to terminate the tenancy agreement where the landlord is in breach of an obligation under the tenancy agreement or under this Act.
(2) Without prejudice to subsection (1), a tenant may apply to the Tribunal for an order permitting him to withhold from the landlord payment of the rent, or any part thereof, until the landlord makes good any breach of his obligations under the tenancy agreement.
(3) The Tribunal may make an order under subsection (2) upon such terms as it thinks fit in all the circumstances.
(4) Until, on application to the Tribunal, an order under subsection (2) is withdrawn, the landlord shall not be entitled to claim any of the rent governed by such order, but nothing in this section prejudices the right of the landlord otherwise to claim arrears of rent after such order is withdrawn.
(5) In determining whether to make an order under this section, the Tribunal shall have regard to—
(a) the nature and seriousness of the breach;
(b) the impact on the tenant’s use or enjoyment of the premises;
(c) any steps taken by the landlord to remedy the breach; and
(d) the principle of proportionality and good faith in the landlord-tenant relationship.
Termination by notice
32 (1) Subject to any agreement evidenced in writing providing for a different period of notice—
(a) a tenancy from year to year shall be terminated by not less than six months previous notice given at any time after the end of the first year of the tenancy;
(b) a tenancy for successive rental periods of more than a month and less than a year shall be terminated by notice not shorter than the rental period given at any time after the end of the first rental period; and
(c) a tenancy for successive rental periods of a month or less shall be terminated at the end of a rental period by not less than one month’s previous notice.
(2) This section does not apply to an agricultural tenancy.
Termination of agricultural tenancies by notice
33 (1) An agricultural tenancy from year to year shall be terminated by not less than six months previous notice given at any time after the end of the first year of the agricultural tenancy.
(2) An agricultural tenancy for successive rental periods of less than a year shall be terminated by not less than six months previous notice given at any time.
(3) Nothing in subsections (1) or (2) shall deprive the tenant of an agricultural tenancy of any contractual right to receive a longer period of notice.
(4) Subject to subsection (3), this section applies notwithstanding any stipulation to the contrary.
Return of deposit
34 (1) Subject to section 15, where a tenancy agreement has ended the landlord shall, within 30 days of the termination of the tenancy, reimburse the tenant the security deposit in full as paid.
(2) Where the security deposit is not returned in full, the landlord shall not deduct from the security deposit any sum that is not included in the written itemised statement referred to in section 15(7) which shall be provided to the tenant within 60 days of the tenant vacating the premises.
PART 6 LANDLORD AND TENANT TRIBUNAL
Constitution of the Landlord and Tenant Tribunal
35 (1) The Landlord and Tenant Tribunal shall consist of the such persons as the Minister may appoint.
(2) The chairman and the deputy chairman shall be appointed by the Minister for a term not exceeding three years, and shall have been qualified and have been in practice as barristers and attorneys for at least seven years.
(3) A person shall not be eligible for appointment as chairman, deputy chairman or member of the Tribunal if he is or has at any time during the period of three years ending with the date of his appointment been an officer, servant or agent of the Tribunal.
(4) There shall be paid to members of the Tribunal such remuneration and such allowances as the Minister may determine.
(5) The Minister may make regulations prescribing the procedures, powers and composition of the Tribunal referred to in subsection (1), and shall ensure that the Tribunal encourages mediation and other forms of alternative dispute resolution before formal adjudication, wherever appropriate.
Landlord applications to the Tribunal for termination
36 (1) Where a landlord has given notice to terminate the tenancy under this Act, the landlord may apply to the Tribunal for an order—
(a) terminating the tenancy;
(b) evicting the tenant;
(c) for the tenant to deliver up the premises.
(2) An application under subsection (1) may not be made any later than 90 days after the termination date specified in the notice.
Application for arrears of rent
37 (1) A landlord may apply to the Tribunal for an order requiring a tenant or former tenant to pay arrears of rent if the tenant or former tenant did not pay rent lawfully required under the tenancy agreement.
(2) An application under subsection (1) may be made,
(a) while the tenant is in possession of the rental unit; or
(b) no later than one year after the tenant or former tenant ceased to be in possession of the rental unit.
(3) A landlord may apply to the Tribunal for an order requiring a tenant or former tenant to pay compensation for the use and occupation of the rental unit after a notice of termination or an agreement to terminate the tenancy has taken effect if,
(a) the tenant or former tenant is or was in possession of the rental unit after the termination of the tenancy; and
(b) in the case of a tenant or former tenant no longer in possession of the rental unit, the tenant or former tenant ceased to be in possession.
(4) An application under subsection (3) may be made—
(a) while the tenant or former tenant is in possession of the rental unit; or
(b) no later than one year after the tenant or former tenant ceased to be in possession of the rental unit.
(6) In determining the amount of arrears of rent, compensation or both owing by a tenant in an order for termination of a tenancy and the payment of arrears of rent, compensation or both, the Tribunal shall subtract from the amount owing the amount of any rent deposit or interest on a rent deposit that would be owing to the tenant on termination.
Application for compensation for damage
38 (1) A landlord may apply to the Tribunal for an order requiring a tenant or former tenant to pay reasonable costs that the landlord has incurred or will incur for the repair of or, where repairing is not reasonable, the replacement of damaged property if, while the tenant or former tenant is or was in possession of the rental unit, the tenant or former tenant, another occupant of the rental unit or former tenant wilfully or negligently causes or caused undue damage to the rental unit .
(2) An application under subsection (1) may be made—
(a) while the tenant is in possession of the rental unit; or
(b) no later than one year after the tenant or former tenant ceased to be in possession of the rental unit.
(3) If the Tribunal makes an order requiring payment under subsection (1) and for the termination of the tenancy, the Tribunal shall set off against the amount required to be paid by the tenant the amount of any rent deposit that would be owing to the tenant on termination.
(4) This section applies with respect to damage or costs described in subsection
(1), even if the costs were incurred before that day.
Tenant applications to the Tribunal
39 (1) A tenant or former tenant of a rental unit may apply to the Tribunal for any of the following orders—
(a) an order determining that the landlord has breached an obligation under the Act or tenancy agreement;
(b) an order determining that the landlord, or agent of the landlord has substantially interfered with the reasonable enjoyment of the rental unit or residential complex for all usual purposes by the tenant or a member of the household;
(c) an order determining that the landlord, or agent of the landlord has harassed, obstructed, coerced, threatened or interfered with the tenant during the tenant’s occupancy of the rental unit;
(d) an order determining that the landlord or agent of the landlord has altered the locking system on a door giving entry to the rental unit or caused the locking system to be altered during the tenant’s occupancy of the rental unit without giving the tenant replacement keys;
(e) an order determining that the landlord or agent of the landlord has illegally entered the rental unit.
(2) No application may be made under subsection (1) more than one year after the day the alleged conduct giving rise to the application occurred.
Hearing of application
40 (1) Upon hearing the application, or, where it is opposed, upon hearing and considering the oral and affidavit evidence of the parties and their witnesses, the Tribunal may—
(a) if satisfied that the tenancy has expired or has been terminated in accordance with Part 5, give an order for possession;
(b) where a claim for rent is made, give judgment for the amount of rent proved to be in arrear;
(c) where a claim for compensation is made, give judgment in such amount as the Tribunal may determine as compensation for the use and occupation of the premises after the expiration or termination of the tenancy, having regard to the nature of the use and occupation and the rent payable during the tenancy; and
(d) make such order as to costs as the Tribunal thinks fit.
(2) The Tribunal may grant or dismiss the application in whole or in part and may direct the trial of an issue to determine any matter in dispute.
Order, repair, comply with standards
41 (1) If the Tribunal determines in an application by the tenant or former tenant under that a landlord has breached an obligation, the Tribunal may do one or more of the following:
(a) terminate the tenancy;
(b) order an abatement of rent;
(c) authorize a repair or replacement that has been or is to be made, or work that has been or is to be done, and order its cost to be paid by the landlord to the tenant;
(d) order the landlord to do specified repairs or replacements or other work within a specified time;
(e) order the landlord to pay a specified sum to the tenant for,
(i) the reasonable costs that the tenant has incurred or will incur in repairing or, where repairing is not reasonable, replacing property of the tenant that was damaged, destroyed or disposed of as a result of the landlord’s breach, and
(ii) other reasonable out-of-pocket expenses that the tenant has incurred or will incur as a result of the landlord’s breach.
(f) prohibit the landlord from charging a new tenant under a new tenancy agreement an amount of rent in excess of the last lawful rent charged to the former tenant of the rental unit, until the landlord has,
(i) completed the items in work orders for which the compliance period has expired and which were found by the Tribunal to be related to a serious breach of a health, safety, housing or maintenance standard, and
(ii) completed the specified repairs or replacements or other work ordered under paragraph 4 found by the Tribunal to be related to a serious breach of the landlord’s obligations under Part 3 of the Act.
(g) prohibit the landlord from giving a notice of a rent increase for the rental unit until the landlord has,
(i) completed the items in work orders for which the compliance period has expired and which were found by the Tribunal to be related to a serious breach of a health, safety, housing or maintenance standard, and
(ii) completed the specified repairs or replacements or other work ordered under paragraph 4 found by the Tribunal to be related to a serious breach of the landlord’s obligations under Part 3 of the Act.
(h) prohibit the landlord from taking any rent increase for which notice has been given if the increase has not been taken before the date an order under this section is issued until the landlord has,
(i) completed the items in work orders for which the compliance period has expired and which were found by the Tribunal to be related to a serious breach of a health, safety, housing or maintenance standard, and
(ii) completed the specified repairs or replacements or other work ordered under paragraph 4 found by the Tribunal to be related to a serious breach of the landlord’s obligations under Part 3 of the Act.
(i) make any other order that it considers appropriate.
(2) In determining the remedy under this section, the Tribunal shall consider whether the tenant or former tenant advised the landlord of the alleged breaches before applying to the Tribunal.
Compensation when premises not vacated
42 (1) A landlord shall be entitled to compensation for the use and occupation of premises after the tenancy has expired or been terminated in accordance with this Part and the tenant has neglected or refused to give up possession of the premises.
(2) Acceptance by a landlord of arrears of rent or compensation—
(a) after the expiration of the tenancy;
(b) after notice of termination of a tenancy has been duly given in accordance with this Part;
(c) after an order for the termination of the tenancy has been made ;
does not operate as a waiver of the notice or as a reinstatement of the tenancy or as the creation of a new tenancy unless the parties so agree.
(3) The burden of proof that the notice has been waived or the tenancy has been reinstated or a new tenancy created is upon the person claiming.
(4) A landlord’s claim for arrears of rent or compensation for use and occupation by a tenant after the expiration or termination of the tenancy may be enforced by action or as provided.
Order to vacate
43 (1) If a notice of termination of a tenancy has been given and the landlord has subsequently applied to the Tribunal for an order evicting the tenant, the order of the Tribunal evicting the tenant may not be effective earlier than the date of termination set out in the notice.
(2) Notwithstanding subsection (1), an order evicting a tenant may provide that it is effective on a date specified in the order that is earlier than the date of termination set out in the notice of termination if—
(a) the order is made on an application under this Act based on a notice of termination and the Tribunal determines that the damage caused was significantly greater than the damage that was required by that clause in order to give the notice of termination; or
(b) the order is made on an application under this Act to the Tribunal.
Terms of order for possession
44 An order under section 36(c) granting possession—
(a) shall direct the tenant to deliver up possession of the premises to the landlord by a specified date or within a specified time after service of the order on the tenant: and
(b) shall state that if the order is not obeyed by the specified date or within the specified time a warrant of possession will issue under this Part without any further order.
Proceedings after tenant vacates
45 Proceedings in respect of a claim for arrears of rent or compensation may continue to judgment notwithstanding that the tenant delivers up possession of or vacates the premises.
Further applications on point of law
46 (1) A landlord or tenant who has applied to the Tribunal may appeal to the Supreme Court on any question of law arising from the decision by the Tribunal.
(2) If the Supreme Court is of the opinion that the decision was erroneous in point of law it shall remit the matter to the Tribunal for rehearing and determination by it.
(3) No appeal to the Court of Appeal shall be brought from a decision under subsection (1), except with leave of that court.
Direction as to costs and regulations on procedure and evidence
47 (1) The Tribunal may give such directions as it thinks fit for the payment of costs or expenses by any party to the application.
(2) The Minister may make regulations with respect to applications to the Tribunal, and those regulations may, in particular, make provision—
(a) as to the period within which and the manner in which such applications are to be brought;
(b) as to the manner in which such applications are to be conducted, including provision for any hearing to be held in private and as to the persons entitled to appear on behalf of the parties;
(c) as to the procedure to be adopted where applications are brought both by a landlord and tenant, including provision for the hearing of the applications together and for the mutual disclosure of information;
(d) for requiring an applicant or the Tribunal to disclose or allow the inspection of documents in his or its custody or under his or its control;
(e) for requiring any person, on tender of the necessary expenses of his attendance, to attend and give evidence or produce documents in his custody or under his control and for authorizing the administration of oaths to witnesses;
(f) for enabling an applicant to withdraw an application or the Tribunal to withdraw its opposition to an application and for the consequences of any such withdrawal;
(g) for taxing or otherwise settling any costs or expenses which the Tribunal directs to be paid and for the enforcement of any such direction;
(h) for enabling any preliminary or incidental functions in relation to an application to be discharged by the chairman or, as the case may be, the deputy chairman of the Tribunal; and
(i) as to any other matter connected with such applications.
(3) Regulations made under subsection (2) shall be subject to the negative resolution procedure.
(4) A person who, having been required in accordance with regulations made under this section to attend and give evidence, fails without reasonable excuse to attend or give evidence, is guilty of an offence and liable on summary conviction to a fine of $10,000.
(5) A person who without reasonable excuse alters, suppresses, conceals, destroys or refuses to produce any document which he has been required to produce in accordance with regulations made under this section, or which he is liable to be so required to produce, is guilty of an offence and liable—
(a) on summary conviction, to a fine of $25,000 or to imprisonment for a term not exceeding six months or to both such fine and imprisonment;
(b) on conviction on indictment, to a fine of $50,000 or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.
PART 7 RENT INCREASES (DOMESTIC PREMISES) CONTROL ACT 1978
Interpretation
48 In this Part, unless the context otherwise requires—
“Commissioner” means the person appointed in accordance with section 50 to discharge the functions vested in the Commissioner under this Act;
“court” means a court of summary jurisdiction;
“domestic tenancy” means a tenancy of premises let as a dwelling;
“furniture” includes fittings and other articles;
“landlord” includes any person for the time being receiving (other than as a mere collector) the rent of the premises, whether on his own account or as agent or trustee for some other person, and, in relation to a particular tenant, means a person entitled to receive the rent from such tenant;
“Minister” means the Minister responsible for rent control and landlord and tenant matters;
“Panel” means the Rent Increases Advisory Panel appointed under section 52;
“premium” includes any fine or other like sum and any other valuable consideration in addition to rent;
“tenancy” means a tenancy, a sub-tenancy, an agreement for a tenancy and an agreement for a sub-tenancy (whether oral or in writing) of premises to which this Act applies;
“tenant” or “sub-tenant” includes—
(a) a person who is in possession of premises, to which this Act applies; (b) a person who retains possession of any premises by virtue of this Act,
and “tenant” includes sub-tenant.
Application
49 (1) This Part shall not apply to a tenancy of any premises if—
(a) the whole of such premises are the subject of a single tenancy; and
(b) the annual rental value of the premises as determined by the current valuation list prepared for the purposes of the Land Valuation and Tax Act 1967, exceeds $22,800.
(2) This Part shall not apply to a tenancy—
(a) where the landlord is the employer and the tenant is the employee in possession of the premises in accordance with the terms and conditions of his employment or by reason of or in consequence of his employment; or
(b) of premises ordinarily used by a landlord to house his employees during a period when they are not being so used if such tenancy is a tenancy which has been authorized by the Commissioner and the landlord has complied with the terms of such authorization.
(3) An authorization given by the Commissioner for the purposes of subsection (1)(b) shall be in such form, and shall be for such period, and subject to such conditions, as the Commissioner may determine.
Appointment of Commissioner
50 Subject to the appropriation by the Legislature of funds therefor the Governor shall appoint a Commissioner and other officers, and retain such professional advisers, on such terms and conditions as he may think necessary for carrying out this Act.
Exercise of powers of Commissioner
51 (1) The Commissioner may, for the purposes of this Act, exercise any of the powers conferred on the Director of Land Valuation by section 8 of the Land Valuation and Tax Act 1967, and that section shall extend to the exercise of the powers of the Commissioner under this section as they do to the exercise of the powers of the Director of Land Valuation under that section.
(2) The powers conferred and duties imposed by this Part on the Commissioner, other than those relating to a review, may be exercised and performed by any other officer appointed to assist the Commissioner in the performance of his functions.
Rent Increases Advisory Panel
52 (1) For the purpose of this Part, the Minister shall appoint a Panel of not less than five persons, to be known as the Rent Increases Advisory Panel, to assist the Commissioner in those cases in which he is required to consult with the members thereof, and such persons shall hold office at the pleasure of the Minister.
(2) Notice of appointments to the Panel shall be published in the Gazette.
(3) Where the Commissioner is required to consult with the panel it shall be sufficient compliance with this Part if he consults with a majority or moiety of the members of the Panel present in Bermuda.
Determination by Commissioner
53 (1) Where it becomes necessary to determine for the purposes of this Part—
(a) whether any premises subject to a tenancy are the same as premises previously so subject; or
(b) the proportion of the rent under a tenancy attributable to premises the subject of a sub-tenancy for the purposes of this Part,
the landlord or tenant may make application to the Commissioner for his certificate in the matter, which certificate shall, subject to subsection (2), be conclusive evidence of the facts stated therein.
(2) Any person aggrieved by the determination of the Commissioner under this subsection may appeal to the court in such manner and within such time as may be prescribed in rules under section 58 and the court may on hearing such appeal make such order in the matter as it thinks fit.
(3) In determining whether any premises are the same as any others pursuant to subsection (1) premises shall be deemed to be the same if they are substantially the same from the point of view of the rent which might reasonably be charged therefor.
(4) If furniture has been removed from premises which were formerly rented as furnished premises, or if furniture has been included in premises which were formerly rented as unfurnished premises, this shall not be a ground which would entitle the Commissioner to issue a certificate under subsection (1), but in any such case the landlord shall prior to re-letting, apply to the Commissioner to assess the rent for the premises.
Directions of the Minister
54 The Minister may give the Commissioner directions of a general nature as to the procedure to be followed by the Commissioner in the exercise of his functions under this Part and it shall be the duty of the Commissioner to comply with any such directions.
Grounds for termination of tenancies
55 A tenancy shall terminate where—
(a) vacant possession is delivered up;
(b) the landlord determines the tenancy for failure to pay rent or for the breach of any other covenant or condition which under any provision of law, would have been a cause of forfeiture or termination;
(c) a notice to quit given under this Part takes effect;
(d) in the case of a sub-tenancy, the tenancy out of which the sub-tenancy was created is itself terminated,
provided that upon such termination this Act shall apply to any tenancy
thereupon arising by operation of law.
Appeal to court
56 (1) The landlord or the tenant may in such manner and within such time as may be prescribed by rules made under section 58 appeal to the court against any determination by the Commissioner on review under section 53, and on any such appeal the court shall hear the matter de novo.
(2) Where a landlord appeals under subsection (1), the tenant shall be made the respondent in the appeal and where a tenant appeals under subsection (1) the landlord shall be made the respondent in the appeal.
Proceedings of appeal
57 (1) On any appeal under section 56, a certificate purporting to be issued by the Commissioner under section 53 shall be receivable in evidence and shall be prima facie evidence that the increase stated therein is reasonable in the circumstances of the tenancy, or that no increase is justified, as the case may be.
(2) On the hearing of an appeal under section 56 the court shall determine any facts in dispute and may further— (a) confirm the certificate; or
(b) if satisfied that the increase in rent specified in the certificate is manifestly unfair or unreasonable, having regard to the matters set out in section this Part and to any determination it makes in a dispute as to facts relevant to the assessment, vary or set aside the increase; or
(c) if the certificate confirms the refusal to award any increase in rent, and if satisfied that the confirmation is manifestly unfair or unreasonable, order such increase in rent as it considers fair, having regard to the matters set out in section 53 and to any determination it makes in a dispute as to facts relevant to the assessment,
Provided that no increase shall exceed that specified in the application under section 53.
Rules
58 (1) The Chief Justice may make rules regulating—
(a) the practice and procedure in all proceedings brought before the court under this Part;
(b) the costs which the court may award upon the determination of any proceedings under this Part;
(c) the fees to be paid to the court in respect of any proceedings under this Part.
(2) The affirmative resolution procedure shall apply to rules fixing or varying the fees referred to in subsection (1).
(3) Section 6 of the Statutory Instruments Act 1977 shall not apply to rules made under this section, other than those to which subsection (2) applies.
Rent control regulations
59 (1) The Minister acting on the advice of the Commissioner, may make regulations for anything which may be prescribed under this Act and generally for the implementation of this Act.
(2) Without prejudice to the generality of subsection (1), regulations may in particular—
(a) prescribe forms, fees and charges;
(b) regulate vacation rental (rent control) certificates;
(c) prescribe the procedures for serving a notice to quit under this Part;
(d) provide for the application for increases in rent by agreement with tenant, increase of rent of subtenancies when rents of tenancy have increased and when completed prior to re-letting premises;
(e) regulate the issuance of a certificate of registered rent;
(f) regulate the day on which the increase of rent takes effect and the limitations on increases;
(g) prohibit key money;
(h) provide for the recovery of rent paid in excess of an amount permitted by this Part;
(i) provide for the powers of the Rent Commissioner under this Part;
(j) prescribe penalties not exceeding $10,000 for any breach of the regulations;
(l) provide for all matters and things required or permitted by this Act.
(3) Regulations made under this section are subject to negative resolution procedure.
PART 8 MISCELLANEOUS
Regulations
60 The Minister may make regulations for anything which may be prescribed under this Act and generally for the implementation of this Act.
Application to Crown
61 (1) This Act binds the Crown.
(2) Nothing in this section shall derogate from any statutory provision relieving the Crown from the incidence of any municipal rates or land taxes.

SCHEDULE 1
(Section )
TENANCY AGREEMENT
1 [TO BE PROVIDED]

SCHEDULE 2
(Section )
NOTICES
PART I
FORMS OF NOTICE
FORM A
NOTICE TO TENANT

I hereby give you notice that I am giving up possession of the premises [identify the premises] which I hold of you as tenant, on the [blank] day of [blank] 19 [blank] Dated this [blank] day of [blank] 19 [blank]
[blank]
(Tenant)
PART II
SERVICE OF NOTICES
1 Notice by a tenant to a landlord shall be given personally to the landlord or sentby prepaid letter post to the landlord at the address where the rent is payable.
2 Except as provided in paragraph 3, notice by a landlord to a tenant shall be givenpersonally to the tenant or sent by prepaid letter post to the tenant at his last known place of business or abode in Bermuda.
3 Where the tenant cannot be given notice by reason of his absence from Bermuda,or by reason of his evading service, the notice may be given to the tenant by posting it up in a conspicuous place upon some part of the premises.
4 Notwithstanding anything in this Part of this Schedule, a notice to a corporationaggregate may be served on the mayor or other head officer, or on the clerk, treasurer, or secretary of the corporation, or in such other manner as the Supreme Court or a Judge may sanction.

LANDLORD AND TENANT BILL 2025
EXPLANATORY MEMORANDUM
This Bill seeks to provide a revised legislative framework for landlords and tenants by repealing the Landlord and Tenant Act 1974 and replacing it with a comprehensive statutory scheme for residential and agricultural landlord and tenant matters.
Clause 1 provides a citation for the Bill.
Clause 2 sets out the definitions used in the Bill.
Clause 3 puts an obligation on the landlord to provide to the tenant information relating to the rights and responsibilities of the parties to the tenancy agreement, the role of the Tribunal and how the Tribunal can be contacted.
Clause 4 provides that each tenancy agreement shall be in writing in the form prescribed in Schedule 1 and comply with the requirements prescribed in the Act.
Clause 5 prescribes, in subsection (1), the minimum information to be contained in a tenancy agreement. The landlord is responsible for providing the information, and any changes to the information, in writing to the tenant. The landlord is also responsible for providing a copy of the tenancy agreement to the tenant within 7 days after the tenant has signed it.
Clause 6 voids any provision in a tenancy agreement requiring that all or part of the remaining rent for a term or period of tenancy or a specific sum becomes due upon a default of the tenant.
Clause 7 provides that when a landlord or tenant becomes liable to pay any amount as a result of a breach of a tenancy agreement, the person entitled to claim the amount has a duty to take reasonable steps to minimize their losses.
Clause 8 provides for the application of common law rules respecting the effect of a serious, substantial or fundamental breach of a material covenant by one party to a contract on the obligation to perform of the other party with respect to tenancy agreements.
Clause 9 provides that the doctrine of frustration of contract and the application of the Law Reform (Misrepresentation and Frustration of Contracts) Act 1977 to tenancy agreements.
Clause 10 prohibits a landlord from collecting or attempting to collect or require a key deposit, fee, premium, commission, bonus or penalty from a tenant with respect to the rental unit.
Clause 11 voids any provision in a tenancy agreement that requires the tenant to pay land tax for a short-term tenancy of less than three years. The clause further voids a provision that does not divide and allot the utility and water expenses equally per head count of tenants in a house or rental unit.
Clause 12 prohibits a tenant from subletting or parting with possession of a rental unit without the prior written consent of the landlord. The provision also prohibits the landlord from withholding consent unreasonably or attach an unreasonable condition on the consent.
Clause 13 requires that the landlord give his tenant a written notice of 60 days of his intention to increase the rent.
Clause 14 prohibits the landlord from imposing a daily late rental fee that exceeds 5% of the monthly rental payable where the annual rental value of the house or apartment does not exceed $60,000.
Clause 15 requires that the tenant pay a security deposit which shall not exceed the rent payable for three months. The security deposit is required to be held in escrow by the landlord as security for the performance of obligations of the tenant. The clause further provides that the security deposit is to be refunded to the tenant within 30 days of the end of the tenancy contract subject to any lawful deductions. Where the financial loss suffered by the landlord with respect to damage to the property is in excess of the amount of the security deposit, the landlord may recover the excess as a civil debt under subclause (8).
Clause 16 obligates the landlord under an implied covenant to keep in repair the structure and exterior of the house or apartment, as well as the cesspool and to supply water and electricity, gas, sanitation or the water heater. The landlord’s obligation under this clause do not include works or repairs where the tenant has not used the rental unit in a tenant-like manner.
Clause 17 prohibits a landlord from harassing, obstructing, coercing, threatening or interfering with the tenant with whom he has a tenancy agreement. It is provided under the clause that obstructing a tenant includes changing the locks without giving the tenant the replacement keys. Interfering with a tenant includes withholding the reasonable supply of a vital service that the landlord is obligated to supply.
Clause 18 prohibits the landlord from interfering with the reasonable enjoyment of the rental unit by a tenant or members of his household at any time during the tenant’s occupancy of the rental premises.
Clause 19 requires that where rental premises subject to a tenancy agreement have been assigned a valuation unit number, the tenancy agreement shall include a covenant that entitles the tenant to use that valuation unit number for the purposes of registering a private motor car under the Motor Car Act 1951 during the length of the tenancy agreement, to the exclusion of the landlord.
Clause 20 requires that the landlord may only enter a rental unit as per the requirements of clause 21.
Clause 21 requires that entry by the landlord into rental premises shall be after a written notice at least 24 hours has been given to the tenant before the time of entry. Entry is permitted only for purposes of repair or replacement work, physical professional inspections, or by the consent of the tenant.

ii
Clause 22 requires that the tenant be responsible for paying rent when it is due and payable. The clause further requires the tenant to ensure the rental premises are occupied principally for residential purposes and to maintain the rental unit in a reasonably clean and tidy fashion. The tenant is required to repair undue damage to the rental unit that has resulted by the tenant’s wilful or negligent conduct.
Clause 23 prohibits a tenant from intentionally or carelessly damaging the premises, interfering with fire escape access, using the premises for an unlawful purpose or causing or permitting any interference with the reasonable peace, comfort or privacy of any of the landlord’s other tenants in their use of the premises or with the reasonable peace, comfort or privacy of any other person residing in the neighbourhood.
Clause 24 provides that the termination of a tenancy agreement must be in writing, and may be in the form set out in Schedule 2.
Clause 25 deems that where a tenancy agreement has not been renewed or terminated, the landlord and tenant shall be deemed to have renewed it as a monthly tenancy containing the same terms and conditions that are in the expired tenancy agreement and subject to any increases in rent charged.
Clause 26 prohibits a landlord from recovering possession of a rental unit unless the tenant has vacated the rental unit or the landlord has obtained an order of the Tribunal evicting the tenant.
Clause 27 prohibits a landlord, without legal process, from seizing a tenant’s property for default in the payment of rent or for the breach of any other obligation of the tenant.
Clause 28 authorises the landlord to dispose of property in the rental unit where a tenant has abandoned the rental unit or where the landlord obtains an order terminating the tenancy . The clause further empowers the landlord to dispose of unsafe or unhygienic items immediately where the landlord has obtained an order for the tenant to vacate or has given notice to the tenant to vacate.
Clause 29 authorises a tenant to terminate a tenancy at the end of the period of the tenancy or fixed term tenancy by giving notice of termination.
Clause 30 authorises a landlord to give a tenant notice of termination of their tenancy where the tenant has persistently been late to pay rent when due, where the tenant has committed an illegal act or illegal trade, business or occupation. Additionally, the landlord can terminate the agreement where the tenant wilfully or negligently causes undue damage to the rental unit, or where the tenant’s conduct substantially interferes with the reasonable enjoyment of the residential complex by the landlord or another tenant.
Clause 31 authorises the tenant to apply to the Tribunal where the landlord is in breach of an obligation under the tenancy agreement.
Clause 32 provides for the period of notice that is to apply to the termination of a residential tenancy agreement.
Clause 33 provides for the period of notice that is to apply to the termination of a agricultural tenancy agreement.
Clause 34 provides for a return of deposit in full within 30 days of the termination of the tenancy.
Clause 35 constitutes the Landlord and Tenant Tribunal and sets out matters relating to the appointment of a panel of members and includes the appointment and qualifications of the Chairman and Deputy Chairman.
Clause 36 enables the landlord to apply to the Tribunal for an order terminating a tenancy and evicting the tenant, not later than 90 days after the termination date specified in the notice.
Clause 37 enables the landlord to apply to the Tribunal for an order requiring a tenant to pay arrears of rent if the rent was in arrears.
Clause 38 enables the landlord to apply to the Tribunal for an order requiring a tenant to pay reasonable costs for the repair or replacement of property damaged while the tenant was in possession of the rental unit.
Clause 39 enables the tenant to apply to the Tribunal for an order determining that the landlord has breached the following obligations: (a), the landlord has interfered with reasonable enjoyment of the rental unit; (b), the landlord has harassed the tenant; (c) the landlord has obstructed, coerced, threatened or interfered with the tenant; (d) the landlord has altered the locking system to the rental unit without providing replacement keys to the tenant; or (e) the landlord has illegally entered the rental unit.
Clause 40 provides for the Tribunal’s powers in relation to hearing applications.
Clause 41empowers the Tribunal to take action on an application made by the tenant that includes the following: terminate the tenancy, order an abatement of rent, authorise a repair or replacement of work; order the landlord to do specified repairs or replacements of other work and make any other order that the Tribunal considers appropriate.
Clause 42 entitles a landlord to compensation where the tenant has neglected or refused to give up possession of the premises.
Clause 43provides that an order by the Tribunal evicting the tenant may not give an eviction date that is earlier than the date of termination set out in the notice.
Clause 44empowers the Tribunal to grant an order for possession of the rental unit from the tenant by a specified date or within a specified time after service of the order on the tenant.
Clause 45 enables the Tribunal to continue proceedings of a claim for arrears of rent or compensation to judgment notwithstanding that the tenant delivers up possession or vacates the premises.
Clause 46 provides a landlord or tenant who has applied to the Tribunal the right to appeal to the Supreme Court on any question of law arising from the decision of the Tribunal.
Clause 47 empowers the Tribunal to give directions for the payment of costs or expenses by any party to the application as the Tribunal thinks fit.

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Clause 48 sets out the definitions used in Part 7 of the Bill (Rent Increases (Domestic Premises) Control Act).
Clause 49 provides a list of the types of tenancies to whom this Bill does not apply.
Clause 50 appoints a Commissioner responsible for rent control.
Clause 51 authorises the Commissioner to exercise any powers conferred on the Director of Land Valuation under section 8 of the Land Valuation and Tax Act 1967, and the power may be delegated to any officer appointed to assist the Commissioner in the performance of his functions.
Clause 52grants the Minister the authority to appoint a panel to be known as the Rent Increases Advisory Panel.
Clause 53authorises the Commissioner to issue a rent control certificate.
Clause 54authorises the Minister to give the Commissioner directions with respect to procedural matters relating to the Commissioner’s functions.
Clause 55provides the grounds for the termination of tenancies under rent control.
Clause 56provides a landlord or tenant who has applied to the Tribunal the right to appeal to the court against any determination by the Commissioner.
Clause 57 provides that a certificate purporting to be issued by the Commissioner shall be receivable in evidence, and is evidence that the increase stated is reasonable in the circumstances of the tenancy.
Clause 58authorises the Chief Justice to make rules regulating the practice and procedure of all proceedings brought before the court.
Clause 59 empowers the Minister to make rent control regulations for all matters prescribed under this Part.
Clause 60 empowers the Minister to make regulations prescribing anything which may be prescribed under this Act.
Clause 61 binds the Crown.
Schedule 1 provides for a tenancy agreement template.
Schedule 2 provides for template of notices issued under the Act.