CHAPTER
163
RENT CONTROL |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
Interpretation and
Application |
|
|
Protected
dwelling-houses, their value, the rent chargeable |
Dwelling house within protection of Act. |
Assessed value of dwelling-house. |
Determined value of dwelling-house. |
Declared value of dwelling-house. |
Determined value of furniture. |
Declared value of furniture. |
Rent payable for dwelling-house and furniture. |
Withholding of rent until value notified. |
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|
|
Appointment and duties of secretary. |
Appointment and duties of inspector. |
Procedure upon application for determination of
value of dwelling-house. |
Procedure at hearings of the Board. |
Effect of Board's determination. |
Difference between declared and determined
value. |
|
Publication of Board's address. |
|
Miscellaneous Provisions |
Landlord's duty to repair. |
Landlord's duty to keep records and issue
receipts. |
|
Recovery from landlord of excess rent or other
monies. |
Defence to action for recovery of possession. |
|
Saving or existing agreements. |
CHAPTER 163 |
RENT CONTROL |
An Act to
provide for control of the rent chargeable in respect of certain
dwelling-houses and for connected purposes. | 28 of 1975
1 of 1981
25 of 1995 |
[Assent 19th November,
1975]
[Commencement 6th February, 1976] |
1. This Act may be cited as the Rent Control Act. | Short title. |
Interpretation
and Application |
2. In this Act unless the context otherwise requires- | Interpretation. |
"Board"
means the Rent Control Board established under section 12; |
"dwelling-house"
means a house, or part of a house, let as a separate dwelling, and means also
the land appertaining to the dwelling-house and occupied or used by the tenant; |
"furniture"
means household effects and appliances, and fittings other than fixtures which
would pass with the demise of the dwelling-house; |
"landlord"
means the person who is from time to time entitled or authorised to receive
rent in respect of a dwelling-house, and in relation to a particular tenant,
means the person entitled or authorised to receive rent from such tenant; |
"let"
includes sub-let; |
"Minister"
means the Minister responsible for Rent Control; |
"tenant"
includes sub-tenant; |
"tenancy"
includes sub-tenancy. |
3. (1) This Act shall apply to New Providence, but the
Minister may, by order, extend its application to any other island in The
Bahamas. | Territorial application. |
(2) An order made
under subsection (1) may contain such adaptations or modifications of this Act
or of rules under this Act as may be necessary to meet the particular local
circumstances prevailing on the island concerned. |
Protected
Dwelling-houses, their Value, the Rent Chargeable |
4. A dwelling-house shall not be protected under this
Act if it is established that its assessed, determined or declared value,
whichever is appropriate and effective, exceeds twenty five thousand dollars. | Dwelling-house within protection of Act. |
5. (1) The assessed value of a dwelling-house is that
appearing on the effective notice of assessment deemed to have been served upon
the owner of the dwelling-house under section 5(2) of the Real
Property Tax Act or, where such notice has been amended or substituted in
accordance with that Act, on the effective amended or substitute notice served
upon the owner pursuant to section 13(2) of that Act. | Assessed value of dwelling-house. |
(2) An amended or
substitute notice of assessment shall not have effect in relation to a tenant
until he is notified of it by the landlord. |
6. (1) The determined value of a dwelling-house is that
determined by the Board. | Determined value of dwelling-house. |
(2) Where a
dwelling-house has not been assessed under the Real Property Tax Act, the
Board may, of its own motion, and shall upon application of the landlord or
tenant, determine its value. |
(3) Where a
dwelling-house not assessed under the Real Property Tax Act is
comprised in property which has been so assessed, the value of the
dwelling-house shall be determined by apportionment. |
(4) In making an
apportionment under subsection (3), account shall be taken of the extent of the
various portions, their amenity values and their physical advantages as at the
date of the latest assessment of the property. |
(5) Upon
assessment of a dwelling-house under the Real Property Tax Act, a determination
of value made under this section shall cease to have effect. |
7. (1) The declared value of the dwelling-house is that
declared by the landlord to the tenant. | Declared value or dwelling-house. |
(2) Where a
dwelling-house has no assessed or determined value, the landlord shall place a
fair and reasonable value on the dwelling-house and shall declare it in writing
to the tenant. |
(3) Where a
dwelling-house is comprised in property which has been assessed under the Real
Property Tax Act, the landlord shall annex to the written declaration made
under subsection (2) a statement specifying the assessed value of the property
and describing the several parts of the property comprised in the assessment. |
(4) Upon
assessment of a dwelling-house under the Real Property Tax Act or upon a
determination of value made under section 6, the declaration of value made
under this section shall cease to have effect. |
(5) An effective
declaration of value is binding upon the landlord for a period of twelve
months. |
8. The determined value of furniture is that determined
by the Board upon an application of the landlord or tenant. | Determined value of furniture. |
9. (1) Where there has been and so long as there is, no
determination of value under section 8, the value of the furniture shall be
that declared in writing by the landlord or the tenant. | Declared value of furniture. |
(2) The written
declaration shall contain- |
(a) a list of
all items of furniture supplied; |
(b) a
description of their state and condition; |
(c) an estimate
of the actual value of each item; and |
(d) the total
value of the furniture, which shall be the declared value. |
10. (1) The rent lawfully chargeable in respect of a
dwelling-house shall be such percentage, not exceeding twenty per centum per
annum, of its assessed, determined or declared value as may be prescribed by
order of the Minister. | Rent payable for dwelling-house and furniture. |
(2) Where the
dwelling-house is furnished, the rent may include such additional percentage not
exceeding twenty per centum per annum, of the determined or declared value of
the furniture, as may be prescribed by order of the Minister. |
11. (1) The tenant of a dwelling-house shall be
entitled to withhold all payment of rent until such time as he is notified by
the landlord of the assessed, determined or declared value of the
dwelling-house. | Withholding of rent until value notified. |
(2) Where the
tenant has been notified under subsection (1), and the value does not exceed
twenty five thousand dollars, he shall be entitled to withhold the rent payable
in respect of the furniture until such time as he is notified by the landlord
of the determined or declared value of the furniture. |
12. (1) There is hereby established a Rent Control
Board. | Establishment of Board. |
(2)
The Board shall be appointed by the Minister and shall subject to subsections
(3) and (4) consist of such number of persons as the Minister may see fit to
appoint as members, notice of which appointments shall be published in the Gazette. |
(3)
The Board may sit in one or more panels consisting of not less than three
members, one of whom shall be a stipendiary and circuit magistrate as chairman. |
(4)
Each panel shall when sitting exercise all the jurisdiction, authority and
powers conferred upon the Board by this Act, other than by section 23, in
relation to that area of The Bahamas in respect to which the Minister has by
notice in the Gazette designated the panel to receive applications under
this Act and as regards such exercise references hereinafter in this Act to the
Board shall be construed as necessary as references to a panel. |
(5)
The members, other than a chairman, shall, unless they earlier resign by giving
written notice to the Minister or unless removed by the Minister, hold office
for a term not exceeding three years and shall be
eligible for re-appointment. |
13. (1) Meetings of the Board shall be held as, when
and where the chairman directs, but at such intervals as to ensure the
expeditious transaction of business. | Meetings of Board. |
(2) The chairman
shall preside at all meetings of the Board. |
14. There shall be paid to the members of the Board,
who are not public officers, such allowances, if any, as the Minister may
determine. | Remuneration of members. |
15. (1) The Minister shall appoint a secretary to the
Board. | Appointment and duties of secretary. |
(2) The secretary
of the Board- |
(a) shall
receive applications made to the Board, notify the same to interested parties
and advise them of the date on which the applications are to be entertained by
the Board; |
(b) shall
receive all reports of complaints and cause them to be investigated: |
(c) shall keep
a register of all cases decided by the Board showing the names of the parties,
the substance of the order made, and the address of the dwelling-house in
respect of which the order was made; and |
(d) may
exercise any of the duties of an inspector under section 16(2). |
16. (1) The Board may, with the approval of the
Minister, appoint such inspectors as it considers necessary for the purposes of
this Act. | Appointment and duties of inspector. |
(2) An inspector- |
(a) shall
investigate all complaints made to the Board; |
(b) may require
any landlord or tenant to furnish him with information concerning the value of
a dwelling-house and of furniture and the rent received or paid; |
(c) may
institute proceedings against a landlord or tenant contravening this Act; |
(d) shall
perform any other duties assigned to him by the Board. |
17. (1) Upon receipt of an application by a landlord
or tenant for determination of the value of a dwelling-house, the Board shall
through its secretary- | Procedure upon application for determination of value
of dwelling-house. |
(a) request the
Chief Valuation Officer appointed under section 4 of the Real Property Tax Act, to value the
dwelling-house and submit his valuation to the Board within a specified period
of time which shall not be later than one month from the date of the request. |
(b) notify the
other party to the application of the application, and of the day on which the
application will come before the Board. |
(2) On the
notified day, the chairman of the Board shall read out the valuation report
and- |
(a) if the
report is agreed by the parties, the value appearing on the report shall be
deemed to have been determined by the Board; |
(b) if the
report is not agreed, then the chairman shall fix a date for hearing the
evidence of the Chief Valuation Officer and for determining the issue. |
(3) The Chief
Valuation Officer may delegate his duties under this section to any member of
his office. |
(4) Where the
Board proceeds to a determination of value of a dwelling-house of its own
motion, subsections (1) and (2) shall apply save that the notification by the
secretary under subsection (1)(b) shall be addressed to both the landlord and
tenant. |
18. (1) No issue shall be determined by the Board
unless the parties have been given the opportunity of being heard and of
adducing evidence. | Procedure at hearings of the Board. |
(2) Parties may be
represented before the Board by counsel and attorney. |
(3) The procedure
at a hearing of the Board shall follow as closely as possible that of a
magistrate's court in the exercise of its civil jurisdiction, and the chairman
of the Board shall have all the powers of a magistrate to compel the attendance
and examination of witnesses and the production of documents. |
(4) Where an issue
to be determined by the Board has been initiated on the Board's own motion, the
tenant shall, for procedural purposes, be deemed to have instituted the
proceedings. |
(5) Decisions of
the Board shall be by majority vote but in the case of an equality of votes the
chairman shall have a second or casting vote. |
19. Once an application has been determined by the
Board, no further application shall be entertained in respect of the same issue
for a period of twelve months from the operative date of the determination. | Effect of Board's determination. |
20. Where, upon a determination of the value of a
dwelling-house or of furniture, the Board finds that, in all the circumstances,
the value declared by the landlord was unfair and unreasonable, it shall order
the landlord to repay to the tenant the difference between the rent as a
percentage of the determined value and the rent as a percentage of the declared
value for the period of tenancy not exceeding one year immediately preceding
the date of determination, and may institute proceedings against the landlord
for the offence of making an unfair and unreasonable declaration. | Difference between declared and determined value. |
21. (1) Any person aggrieved by an order of the Board
may appeal to the Supreme Court against that order within 21 days by lodging a
notice of appeal with the Board setting forth the grounds of appeal. | Appeals from Board. |
(2) No appeal
shall lie except upon a ground of appeal involving a question of law alone. |
(3) Upon the
hearing of an appeal the Court may make such order as it thinks just. |
22. Upon the coming into force of this Act, and
whenever a change of address makes it necessary, the chairman of the Board
shall cause to be published in at least two newspapers a notice specifying- | Publication of Board's address. |
(a) the name,
designation and address of the person to whom applications under this Act
should be made and any complaints reported; |
(b) the place
where the meetings of the Board will be held. |
23. The Board may, subject to the approval of the
Minister, make rules for prescribing any one or all of the following matters- | Power to make rules. |
(a) the form
and manner of applications to the Board; |
(b) the fees to
be paid on applications; |
(c) save as not
inconsistent with this Act, the procedure of the Board; |
(d) the scale
of costs applicable to its proceedings; |
(e) the forms
of documents to be issued by the Board and the manner in which they are to be
served. |
Miscellaneous
Provisions |
24. Notwithstanding any agreement to the contrary,
there shall be implied on the part of a landlord of a dwelling-house protected
under this Act a covenant to keep the dwelling-house in a tenantable state of repair. | Landlord's duty to repair. |
25. (1) Every landlord shall keep a list of all
dwelling-houses let by him, which list shall contain- | Landlord's duty to keep records and issue receipts. |
(a) the address
or location of each dwelling-house; |
(b) its value,
specifying whether it is an assessed, determined or declared value; |
(c) the value
of the furniture, if any is supplied, specifying whether it is a determined or
declared value; |
(d) the rent
charged in respect of the dwelling-house; and |
(e) in the case
of a furnished dwelling-house, the rent charged in respect of furniture. |
(2) Upon receiving
payment of the rent, the landlord shall issue to the tenant a receipt which
shall indicate- |
(a) the value
of the dwelling-house, specifying whether it is an assessed, determined or
declared value, and the amount of rent received in respect of the
dwelling-house; and |
(b) in the case
of a furnished dwelling-house, the value of the furniture, specifying whether
it is the determined or declared value, and the amount of rent received in
respect of the furniture. |
(3) In the case of
a dwelling-house not protected under this Act, the requirements of subsection
(1)(c) and (e) and of subsection 2(b) need not be complied with. |
26. (1) Any landlord who- | Offences. |
(a) in respect
of a tenancy protected under this Act, demands or receives rent in excess of
the rent lawfully chargeable under section 10; |
(b) in respect
of a tenancy protected under this Act, demands, receives or retains any monies
whatever other than rent; |
(c) makes a
declaration of value which is found by the Board under section 20 to be unfair
and unreasonable; |
(d) fails to
keep a list in accordance with section 25, or keeps a list which is incomplete
or is false in any material particular; |
(e) fails to
issue a receipt in accordance with section 25 or issues a receipt which is
incomplete or is false in any material particular, |
shall be
guilty of an offence and shall be liable on summary conviction to a fine of one
thousand dollars. |
(2) Any person
who, in respect of a tenancy protected under this Act- |
(a) demands or
receives any consideration, whether in money, in kind or any other manner
whatever and whether by way of rent, fine, premium or otherwise, for the grant,
renewal or continuance of the tenancy; |
(b) being an
estate agent, broker or go between, demands of a tenant any reward or
commission in connection with the grant, renewal or continuance of the tenancy, |
shall be
guilty of an offence and liable on summary conviction to a fine of one thousand
dollars. |
(3) Any person who
being required to furnish information or to make a declaration under this Act
fails to do so within a reasonable time, or furnishes information or makes a
declaration which is incomplete or is false in any material particular, shall
be guilty of an offence and shall be liable on summary conviction to a fine of
one thousand dollars. |
(4) Where the
offender is a body corporate, and it is proved that the offence was committed
with the consent or connivance of a director or other officer of the body
corporate, the director or other officer shall be guilty of the like offence. |
(5) The court by
which a person is convicted of an offence under subsection (1)(a) or (b) or
under subsection (2) relating to the receipt of excess rent or other monies,
may order the excess rent or monies so paid to be repaid to the person by whom
it was paid and may enforce the repayment in the same manner as it would
enforce payment of a fine. |
27. (1) Where a tenant of a dwelling-house protected
under this Act has paid to the landlord rent in excess of that lawfully
chargeable under section 10 or any monies other than rent, he shall be entitled
to recover the excess rent or other monies paid from the landlord or his
personal representatives. | Recovery from landlord of excess rent or other monies. |
(2) Any amount
which a tenant is entitled to recover under subsection (1) may, without
prejudice to any other method of recovery be deducted by the tenant from any
rent payable by him to the landlord. |
28. (1) In any proceedings for the recovery of
possession of a dwelling-house, it shall be a complete defence for the tenant
to prove that the landlord brought such proceedings- | Defence to action for recovery of possession. |
(a) with intent
to cause the tenant to refrain from exercising any right or pursuing any remedy
under this Act; or |
(b) with intent
to penalise the tenant because of- |
(i) the
exercise by the tenant of any right under this Act; or |
(ii) the
pursuit by the tenant of any remedy under this Act; or |
(iii) the
exercise by the Board of any power under this Act resulting in any relief being
granted to the tenant. |
(2) Notwithstanding
subsection (1), the landlord shall be deemed to have brought the proceedings
against the tenant with intent to penalise him if such proceedings are brought
within one month of the exercise by the tenant of any of the rights or the
pursuit of any of the remedies under this Act or the exercise by the Board of
any power resulting in relief being granted to the tenant. |
29. The expenses incurred in carrying this Act into
operation shall be payable out of the Consolidated Fund. | Expenses. |
30. Tenancy agreements existing at the commencement of
this Act and affected by it, shall continue to have effect in all respects
other than those which are inconsistent with the provisions of this Act. | Saving of existing agreements. |