CHAPTER 47
CONTROL OF RENT AND TENANCY AGREEMENTS ACT

Arrangement of Sections

1. Short title.

2. Interpretation.

3. Application of Act.

PART I

4. Board may fix rent.

5. Provisions for modifying section 4(3)(a)(i).

6. Lessor may not recover rent in excess of rent fixed by the Board.

7. No consideration other than rent to be required or received for letting.

8. Rent deemed to be increased in certain cases.

PART II

9. Ejectment by lessor prohibited.

10. Reasons for which ejectment may be allowed.

11. Dwelling-house vacated for repairs or other work.

12. Conditions of statutory tenancy.

PART III

13. Application to business premises.

PART IV

14. Complaint for disrepair.

PART V

15. Rent Board.

16. Clerks to the Board.

17. Proceedings before the Board.

18. Delivery of documents and orders.

19. Service of summons.

20. Summons must be complied with.

21. Insult to and misbehaviour before the Board.

22. Appeal to the Supreme Court.

PART VI

23. Law Officer or Welfare Officer may institute or appear in proceedings for lessee.

24. Offences.

5 of 1955,

3 of 1959,

4 of 1959,

25 of 1961,

8 of 1964,

11 of 1967,

4 of 1969,

9 of 1970,

72 of 1976.

SI 95 of 1975,

72 of 1976.

[Date of commencement: 15th April 1959]

1. Short title.

The Act may be cited as the Control of Rent and Tenancy Agreements Act.

2. Interpretation.

In this Act, unless the context otherwise requires—

“agricultural land” means land used for agricultural purposes or as a market garden, orchard, allotment or allotment garden but does not include any lands occupied together with a dwelling-house as a park, garden, yard or pleasure ground;

“Boards” means the Rent Board appointed under the provisions of this Act;

“clerk” means a clerk to the Rent Board;

“family” in relation to a lessor, means any relative by blood or marriage, who under the law of Seychelles, would, if he were in want, be entitled to an alimony from the lessor;

“lease” includes the use and occupation of a dwelling-house and “sub lease” and “letting” having a corresponding meaning;

“let” includes sublet;

“lessee” includes a sub-lessee and a widow of a lessee or sub-lessee, as the case may be, who was residing with him at the time of his death, or, where the lessee or sub-lessee leaves no such widow or is a woman, such member of the lessee’s or sub-lessee’s family so residing as aforesaid as may be decided, in default of agreement, by the Board, and also includes any person enjoying the use and occupation of a dwelling-house for which an indemnity is payable or not;

“Lessor” means any person who receives or is entitled to receive rent in respect of the letting or sub letting, as the case may be, of a dwelling-house, and also includes any persons who allows another person to enjoy the use and occupation of a dwelling-house for which an indemnity is payable or not, a sub lessor and any person deriving title from the original lessor;

“rent” means any money paid or received in consequence of the letting of a dwelling-house and shall include any sum paid for the use or hire of furniture;

“statutory undertaking” and “statutory duties or powers” includes any undertaking, duties or powers established, imposed or exercised under any law or order having force of law.

3. Application of Act.

This Act shall apply to a house or part of a house let as a separate dwelling and every such house or part of a house shall be deemed to be a dwelling-house to which this Act applies:

Provided that—

(a) this Act shall not, save as otherwise expressly provided, apply to a dwelling-house bona fide let at a rent which includes payments in respect of board and attendance; and

(b) any land or premises let together with a dwelling-house shall, unless the land or premises so let consists or consist of agricultural land exceeding two acres in extent, be treated as part of the dwelling-house; but save as aforesaid, this Act shall not by virtue of this section apply to any dwelling-house let together with land other than the site of the dwelling-house; and

(c) this Act shall not apply to houses which the Minister may by notice in the Gazette declare not to be affected by the provisions of this Act.

PART I

4. Board may fix rent.

(1) Any interested party may at any time apply to the Board for an order fixing, reducing or increasing the rent of any dwelling-house. A Law Officer or the Welfare Officer, if satisfied that hardship is being caused and that an interested party is unlikely, or is not able through lack of means, or otherwise, to apply to the Board under this subsection, may proprio motu or on behalf of such interested party make application under this subsection.

(2) The Board may increase the rent of any dwelling-house and fix it at a figure which the Board considers reasonable when the rent is less than might reasonably be expected to be paid with respect to the particular house concerned.

(3) —

(a) The Board may reduce the rent of any dwelling-house, but such rent as shall be fixed by the Board, calculated on an annual basis, shall not be lower than the total made up of—

(i) six percent of the capital value of the
dwelling-house;

(ii) two percent of the capital value of the
dwelling-house if the lessor is liable for the maintenance of the dwelling-house; and

(iii) the actual amount of any water rates and sanitation fees payable by the lessor in respect of the dwelling-house if such rates or fees are paid by him.

(b) In the case of a dwelling-house within the boundaries of the town of Victoria as defined in the First Schedule to the Town of Victoria (Boundaries and Divisions) Act, the capital value of the dwelling-house shall be based on the value considered to be the true and correct value of the dwelling-house unless it be shown to the satisfaction of the Board that such value is excessive.

(4) In fixing the rent of any dwelling-house which is let furnished the Board shall take in consideration the value of the furniture.

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