{"kind":"expression","expression":{"expr_id":"1368","doc_id":"1368","label":"Act 6 of 2009","is_as_enacted":"t","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/2009\/6\/eng@2009-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/2009\/6\", \"expression\": \"\/akn\/ky\/act\/2009\/6\/eng@2009-01-01\", \"manifestation\": \"\/akn\/ky\/act\/2009\/6\/eng@2009-01-01.pdf\"}, \"pdf\": {\"md5\": \"2ac6f693ba258df3b8c7c8ce5a4c913b\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2009\/2009-0006\/2009-0006_Act 6 of 2009.pdf\", \"pages\": 46, \"filename\": \"2009-0006_Act 6 of 2009.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 15472, \"paragraph_count\": 76, \"text_char_count\": 95718}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Law 6 of 2009 PART VI - RECOVERY OF POSSESSION OF PREMISES AND COMPENSATION 55. 56. 57. 58. 59. PART VII - REGISTRATION OF CERTAIN TENANCY AGREEMENTS 60. 61. 62. 63. 64. PART VIII - GENERAL 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. SCHEDULE FORMS OF NOTICES SERVICE OF NOTICES Residential Tenancies Law, 2009 Law 6 of 2009 RESIDENTIAL TENANCIES LAW, 2009 (Law 6 of 2009) A LAW  TO REFORM THE LAW RELATING TO RESIDENTIAL TENANCIES; TO DEFINE THE RIGHTS AND OBLIGATIONS OF LANDLORDS AND TENANTS OF RESIDENTIAL PREMISES; TO PROVIDE FOR A COMMISSIONER TO MEDIATE DISPUTES ARISING BETWEEN LANDLORDS AND TENANTS; TO REPEAL THE LANDLORD AND TENANTS LAW (1998 REVISION); AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. PART I - PRELIMINARY\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title and commencement 1. (1) This Law may be cited as the Residential Tenancies Law, 2009. (2) This Law shall come into force on such date as may be appointed by order made by the Governor in Cabinet and different dates may be appointed for different provisions of this Law and in relation to different cases.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Interpretation 2. (1) In this Law \u2014 \u201cagent\u201d in relation to any person who is a landlord or a tenant, means an agent of that person in that person\u2019s capacity as landlord or tenant; and includes an employee of that person in that person\u2019s capacity as landlord or tenant; Residential Tenancies Law, 2009 Law 6 of 2009 \u201capplication\u201d, in relation to a Residential Tenancies Commissioner, includes \u2014 (a) an application made jointly by the landlord and the tenant of any premises; (b) any complaint by the landlord against the tenant or by the tenant against the landlord; (c) any claim by the landlord against the tenant or by the tenant against the landlord; and (d) any other application that may be made to the Commissioner, by virtue of any of the provisions of this Law or of any regulations made under this Law; Class \u201cA\u201d Bank means a bank which is licensed under the Banks and Trust Companies Law (2007 Revision) to carry out banking business within and outside of the Islands; \u201ccommercial premises\u201d means premises that are not residential premises; \u201cCommissioner\u201d means a Residential Tenancies Commissioner appointed under section 9; \u201ccourt\u201d means a court of competent jurisdiction; \u201cfacilities\u201d in relation to a tenancy agreement, includes all facilities provided by the landlord for the use and enjoyment of the tenant, otherwise than as part of the premises that are the subject of the agreement, such as the following \u2014 (a) any land or buildings intended for use for storage space or for the parking of motor vehicles; (b) laundry facilities; (c) lifts and stairways; (d) rubbish storage and rubbish disposal facilities; (e) appliances for heating or cooling premises; (f) communication facilities; (g) recreational areas; and (h) lawns, gardens, and outhouses; \u201cfixed-term tenancy\u201d means a tenancy for a fixed term but does not include such a tenancy that is terminable by notice; \u201cfixtures\u201d means all appurtenances, furniture, furnishings, equipment, services and facilities supplied or to be supplied by a landlord to a tenant under a tenancy agreement; \u201cland\u201d includes land covered with water, all things growing on land and buildings and other things permanently affixed to land; \u201clandlord\u201d means a person who grants to a person the exclusive right of tenancy of residential premises and includes \u2014 Residential Tenancies Law, 2009 Law 6 of 2009 (a) an agent or a personal or legal representative of, or any other person acting on behalf of, a landlord; (b) a person to whom a landlord assigns a tenancy agreement; (c) a trustee in bankruptcy, liquidator, receiver or committee appointed by any court or by law in respect of the property of a landlord; (d) the purchaser at a judicial sale of the residential premises of a landlord; (e) a chargee of the residential premises of a landlord who acquires title thereto by foreclosure or pursuant to a judicial sale thereof, or who enters into possession of the residential premises, and the assignees of such chargee; and (f) any person who becomes the owner of property on which residential premises are situated, or that consists of residential premises, with respect to which at the time the person becomes the owner there are subsisting tenancy agreements; \u201cLand Register\u201d means the Land Register compiled under Division 2 of Part II of the Registered Land Law (2004 Revision); \u201cmember of the landlord\u2019s family\u201d means any of the following \u2014 (a) the landlord\u2019s spouse; (b) any child of the landlord or of the landlord\u2019s spouse; (c) any other child who is being, or is to be, cared for on a continuous basis by the landlord, by the landlord\u2019s spouse or by any person specified in paragraph (b); (d) any parent of the landlord and of the landlord\u2019s spouse; (e) any other person who is related (whether by blood or marriage) to the landlord or to any person referred to in paragraph (a) or paragraph (b) and is residing, or is to reside, in the landlord\u2019s premises in accordance with an arrangement between that person and the landlord of a predominantly domestic or family nature rather than a predominantly commercial nature; \u201cperiodic tenancy\u201d means a tenancy from year to year, half year to half year, quarter to quarter, month to month, week to week or the like; \u201cpersonal representative\u201d means executor of the will or administrator of the estate; \u201cpremises\u201d include \u2014 (a) any part of any premises; (b) any land and appurtenances, other than facilities; and (c) any mobile home, caravan, or other means of shelter placed or erected upon any land and intended for occupation on that land; Residential Tenancies Law, 2009 Law 6 of 2009 \u201cprescribed\u201d means prescribed by this Law or by regulations made under this Law; \u201cprospective tenant\u201d means a person to whom any other person has offered to grant a tenancy, or with whom any other person has entered into negotiations for the granting of a tenancy to that person; \u201cpublic general holiday\u201d has the meaning assigned by the Public Holidays Law (2007 Revision); \u201cregister\u201d means the leaf of the Land Register kept in respect of a parcel of land or of a registered lease; \u201cRegistrar\u201d means the Registrar of Lands appointed under section 5 of the Registered Land Law (2004 Revision); \u201crent\u201d means any money, goods, services, or other valuable consideration in the nature of rent to be paid or supplied under a tenancy agreement by the tenant; but does not include any sum of money payable or paid by way of bond; \u201cresidential premises\u201d means any premises used or intended for occupation by any person as a place of residence; \u201csecurity deposit\u201d means a deposit paid by a tenant to the landlord or the landlord\u2019s agent to be held by the landlord or his agent for all or a part of the term of the tenancy agreement to secure performance of any obligation of the tenant under the tenancy agreement but which is refundable to the tenant on condition of delivery of the premises by the tenant in a condition as required under the tenancy agreement or in accordance with this Law; \u201cservice tenancy\u201d means a tenancy granted pursuant to a term of, or otherwise as an incident of, a contract of service between the landlord as employer and the tenant as employee whether or not a separate tenancy agreement is concluded in writing between the parties, and whether or not any rent is payable for the tenancy; and includes \u2014 (a) any such tenancy granted pursuant to or in accordance with any enactment; and (b) any such tenancy granted by one company to an employee of an associated company (within the meaning of subsection (2)); \u201cspouse\u201d, in relation to a person, means a legal resident who is \u2014 (a) the legal husband or wife of that person; or (b) a person of the opposite sex who, although not legally married to that person, lives with that person in the same household under the same domestic arrangements as a legal husband or wife and has been so living with that person for a continuous period of five years, but where a person is judicially or otherwise separated from a legal spouse he shall not be considered to have any other spouse except that legal spouse; Residential Tenancies Law, 2009 Law 6 of 2009 \u201ctenancy\u201d, in relation to any residential premises, means the right to occupy the premises in consideration for rent; and includes any tenancy of residential premises implied or created by any enactment and, where appropriate, also includes a former tenancy; \u201ctenancy agreement\u201d, in relation to any residential premises, means any express written agreement under which any person, for rent, grants or agrees to grant to any other person a tenancy of the premises; and, where appropriate, includes a former tenancy agreement and any variation of a tenancy agreement; \u201ctenant\u201d, in relation to any residential premises that are the subject of a tenancy agreement, means the grantee of a tenancy of the premises under the agreement; and, where appropriate, includes \u2014 (a) a prospective tenant; (b) a former tenant; (c) a lawful successor in title of a tenant to the premises; (d) the personal representative of a deceased tenant; and (e) an agent of a tenant; and \u201cworking day\u201d does not include Saturday, Sunday or a public general holiday as defined in the Public Holidays Law (2007 Revision). (2) For the purposes of paragraph (b) of the definition of the term \u201cservice tenancy\u201d in subsection (1), two companies are associated if one is the wholly or partly owned subsidiary of the other. (3) For the purposes of this Law \u2014 (a) where any premises that are subject to a legal or an equitable tenancy are used for both commercial and residential purposes, the premises shall be deemed to be residential premises unless it is proved that the premises were let principally for purposes other than residential purposes; and (b) a tenancy at will is not a valid tenancy. PART II - APPLICATION OF THIS LAW\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Binding of the Crown 3. This Law binds the Crown.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Law to apply generally to all residential tenancies 4. Except as otherwise provided by this Part this Law applies to every tenancy for residential purposes.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Exclusion of this Law in certain cases 5. This Law does not apply in the following cases \u2014 Residential Tenancies Law, 2009 Law 6 of 2009 (a) where the premises are used for commercial purposes; (b) where the premises are a hotel or a motel; (c) where the whole or a substantial part of the tenant\u2019s income is derived from the use of the premises for agricultural, pastoral, horticultural, or other similar purposes; (d) where the premises constitute part of any hospital, home, or other institution for the care of children, sick, disabled, or aged persons; (e) where the premises constitute any barracks or hostel conducted by an employer for the accommodation of employees of that employer or (where the employer is a company) for the accommodation of employees of any associated company (within the meaning of section 2(2)); (f) where the premises continue to be used during the tenancy, principally as a place of residence by the landlord or by any member of the landlord\u2019s family and where the tenant does not otherwise have exclusive possession; (g) where the tenant is the purchaser of the premises under an agreement for sale with the landlord as vendor, not being an agreement that is revocable at will by the vendor; (h) where the tenancy agreement, not being in the nature of a domestic or family arrangement, expressly provides that the tenant will not occupy the premises personally but will sublet the premises either for commercial gain or to provide accommodation for any of the tenant\u2019s employees, and the tenancy is granted and taken genuinely for that purpose and not for the purpose of evading all or any of the provisions of this Law; (i) where the premises comprise bare land (with or without facilities) on which the tenant has the right under the tenancy agreement to place or erect a mobile home, caravan, or other means of shelter; or (j) to a prescribed agreement or an agreement of a prescribed class.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Parties to excluded tenancies may agree that Law shall apply 6. Nothing in section 5 shall prevent the parties to a tenancy that would otherwise be excluded from this Law by virtue of any of the provisions of that section, being a tenancy of any premises used or intended to be used for residential purposes, from agreeing in writing that all or any of the provisions of this Law shall apply in respect of the tenancy, either without modification or with such modifications as they may so agree.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Onus of proof 7. Where, in any proceedings before a Commissioner or a court, a party contends that this Law does not apply in respect of any tenancy of any residential premises, it shall be for that party to establish the facts upon which it is contended that this Law does not apply. Residential Tenancies Law, 2009 Law 6 of 2009\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Law generally to apply despite contrary provisions 8. (1) Any agreement or arrangement, or any provision of any agreement or arrangement, entered into in respect of a tenancy to which this Law applies, that is inconsistent with any of the provisions of this Law, or that purports to exclude, modify, or restrict the operation of any such provision, shall be of no effect unless the inconsistency, exclusion, modification, or restriction is expressly permitted by this Law. (2) Subsection (1) shall not prevent a landlord from waiving voluntarily all or any of the rights and powers conferred on landlords by this Law or from voluntarily incurring more extensive obligations than those that are imposed on landlords by this Law. (3) Any purported waiver by a tenant of any right or power conferred upon tenants by this Law shall be of no effect. PART III - RESIDENTIAL TENANCIES COMMISSIONER AND MEDIATION\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Appointment of Residential Tenancies Commissioner, etc 9. (1) The Governor shall appoint one or more persons as Residential Tenancies Commissioner to mediate in certain disputes arising under tenancy agreements. (2) A Commissioner shall be a public officer and shall have such qualifications as are necessary for the performance of his functions under this Law. (3) A Commissioner shall be assisted in the discharge of his duties by such persons as the Governor may appoint. (4) A Commissioner, in mediating disputes, shall have the following duties, functions, and powers \u2014 (a) to offer his services to the parties to the dispute and to assist the parties in bringing about a settlement where an application has been made for the exercise of the Commissioner\u2019s jurisdiction in respect of a dispute; and (b) in giving such assistance, to inquire fully into any such dispute and all matters affecting its merits, and to make such suggestions and recommendations and do all such things as he thinks right and proper for inducing the parties to come to a fair and amicable settlement.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Mediation by the Commissioner 10. (1) Where a dispute \u2014 (a) arises in connection with any matter under a tenancy agreement; and (b) cannot be resolved by the parties to the tenancy agreement, Residential Tenancies Law, 2009 Law 6 of 2009 a party to the tenancy agreement may, in order to resolve the dispute, first make an application in writing to a Commissioner for mediation of the dispute. (2) An application under subsection (1) shall be accompanied by the prescribed fee. (3) As soon as practicable but no later than seven days after an application is made to a Commissioner, the Commissioner shall start a mediation process. (4) If a Commissioner considers that the tenancy dispute is not suitable for mediation he may give written notice to the parties to that effect. (5) During the mediation process each party to the tenancy dispute \u2014 (a) shall conduct his own case; and (b) may be represented by an approved representative only if \u2014 (i) the party is a corporation; or (ii) the Commissioner is satisfied, and continues to be satisfied, that a person should be allowed to represent the party. (6) A person who is not a party to the tenancy dispute may take part in the mediation process if the Commissioner is satisfied the person has a sufficient interest in the resolution of the dispute; but the person does not become a party to the dispute. (7) The Commissioner may adjourn a proceeding at any stage to enable parties to negotiate. (8) The Commissioner has no power to determine any matter in dispute, whether with or without a request by the parties. (9) The court shall only consider a dispute if the plaintiff shows that he had first sought mediation and either the dispute could not be resolved by mediation or the respondent refused to participate in the mediation process.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Agreed settlements 11. (1) Where a settlement is reached it shall be put in writing by the Commissioner and signed by the parties. (2) A signed agreement under subsection (1) shall form a part of the tenancy agreement. (3) A Commissioner shall not approve an agreement which is inconsistent with this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Failure to reach settlement during mediation 12. (1) If it appears to the Commissioner that it is unlikely that a settlement can be reached within a reasonable time or at all, the Commissioner shall prepare a report which shall include \u2014 (a) any statement of facts agreed to by the parties; Residential Tenancies Law, 2009 Law 6 of 2009 (b) a summary of the points, if any, settled in mediation and those still requiring determination by a court; and (c) any comments that the Commissioner may wish to make on the conduct of the parties so far as that may be relevant to the question of costs before a court. (2) The Commissioner shall provide a copy of the report to each party to the dispute and shall advise the parties of their right to seek determination of the matter by the court. (3) A report of the Commissioner shall be admissible in evidence in any proceedings before a court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Obligations under tenancy agreements not suspended 13. A tenant\u2019s liability to pay the rent to which he agreed and to comply with the other obligations under a tenancy agreement and a landlord\u2019s obligations under a tenancy agreement are not suspended while a matter is being dealt with by a Commissioner or by the court. PART IV - TENANCY AGREEMENTS - Preliminary matters\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Tenancy agreement to be in writing 14. (1) Every tenancy agreement shall be in writing and signed by the landlord and the tenant. (2) The landlord shall, before the tenancy commences, provide the tenant with an executed copy of the tenancy agreement. (3) The cost of preparing a tenancy agreement shall be borne by the landlord.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Contents of tenancy agreement 15. Every tenancy agreement shall include the following minimum information \u2014 (a) the full name and contact address of the landlord including any person with superior title to the landlord; (b) the full name and contact address (where that is different from the address of the premises to which the agreement relates) of the tenant; (c) the address of the premises; (d) the date of the tenancy agreement; (e) the date of commencement of the tenancy, where that is different from the date of the tenancy agreement; (f) the landlord\u2019s address for service; (g) the tenant\u2019s address for service; Residential Tenancies Law, 2009 Law 6 of 2009 (h) the amount of any security deposit (if applicable); (i) the amount of the rent payable; (j) the period of notice required to vacate premises; (k) the frequency of the rent payments; (l) the place or bank account number where the rent is to be paid; (m) a statement, (if applicable) that the tenant shall pay any fee or other charge for services rendered by any attorney-at-law or real estate agent relating to an assignment of the tenancy; (n) a list of any fixtures, if any, provided by the landlord; (o) a statement as to which party is responsible for the payment of utilities and any other assessments arising under the tenancy agreement; (p) an option to renew and vary (if accepted); and (q) if the tenancy is a fixed-term tenancy, the date on which the tenancy will terminate.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Inspection sheets 16. (1) At the time that a tenancy agreement is entered into, the landlord shall complete and provide to the tenant two signed copies of an inspection sheet in the prescribed form which \u2014 (a) provides for the premises to be identified; (b) provides comprehensive details of fixtures and other contents of the premises; (c) provides for the condition of the premises and the fixtures and other contents of the premises to be described by both the landlord and the tenant, both at the time of commencement and termination of the agreement; (d) provides for the signature of the parties of the agreement both at the time of commencement and termination of the agreement; and (e) advises the tenant that if a dispute arises about the condition of the premises the tenant may contact a Commissioner about the matter. (2) The landlord and tenant shall use the form as a comparison check when the tenant vacates the premises.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Variations and renewals of tenancy agreements 17. (1) Every variation of a tenancy agreement, and every renewal of a tenancy agreement, shall be in writing and signed by the landlord or his agent and the tenant. Residential Tenancies Law, 2009 Law 6 of 2009 (2) The landlord, at least sixty days before the date on which the variation or renewal of the tenancy is to take effect, shall provide the tenant with a copy of the variation or renewal.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Change of name or address 18. Where the name and contact address, or address for service, of any person has been provided to the other party to the tenancy in accordance with this Law and that name or address subsequently changes (otherwise than in circumstances to which section 43 applies), the person shall, within ten working days thereafter, cause notice of the new particulars to be given to the other party to the tenancy.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Duration of tenancy 19. (1) Where the period of a tenancy is expressed as commencing on a particular day, that day is included in computing that period. (2) Where no day of commencement is named, the period commences on the date of execution of the tenancy agreement, and that day is included in computing that period. (3) Where the period is a year or a number of years, in the absence of an express agreement to the contrary, the tenancy agreement shall last during the whole anniversary of the day on which such period commences. Security deposits and rent\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Security deposit 20. (1) A landlord shall not give a tenant notice to vacate residential premises or refuse to renew a tenancy agreement for the sole purpose of increasing the security deposit for those premises. (2) The landlord shall give to the tenant upon receiving a deposit from the tenant a written receipt setting out, among other things \u2014 (a) the amount and nature of the payment; (b) the date of the payment; (c) the name of the person who made the payment; and (d) the address of the premises to which payment relates. (3) The landlord shall, where the deposit is paid in cash, give a receipt to the tenant immediately or within seventy-two hours after payment in any other case.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Security deposits to be held in trust 21. Subject to this Law, every security deposit paid to the landlord with respect to residential premises shall be held by the landlord in trust for the tenant who paid the deposit. Residential Tenancies Law, 2009 Law 6 of 2009\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Investment of security deposits 22. (1) A landlord shall invest a tenant\u2019s security deposit in an interest-bearing account at a Class \u201cA\u201d Bank in the Islands. (2) The landlord shall, within fourteen days of receipt of the security deposit, notify the tenant in writing of the location of the account and the rate of interest on the account. (3) Subsequent to providing a notice under subsection (2) if the landlord changes the manner and the location in which he is holding the security deposit he shall notify the tenant within thirty days of such change. (4) A landlord who fails to notify a tenant in accordance with this section commits an offence and is liable on summary conviction to a fine of two thousand dollars. (5) Notwithstanding the provisions of this section, a landlord and a tenant may under the tenancy agreement stipulate that a deposit will not be subject to any interest.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Interest on security deposits 23. Subject to section 22(5), a landlord shall, at the termination of the tenancy agreement, pay to the tenant interest on the security deposit at the applicable market rate calculated from the date on which the landlord receives the full amount of the security deposit.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Security deposits not attachable, etc. 24. (1) A security deposit held by a landlord for a tenant is not attachable under any garnishee proceedings, injunction, freezing order or receiving order, or exigible under a writ of execution. (2) A landlord shall not assert a claim against a tenant or the security deposit \u2014 (a) for damage to the premises or any defective conditions that pre-existed the tenancy; (b) for ordinary wear and tear to the premises or the effects thereof whether the wear and tear pre-existed the tenancy or occurred during the tenancy; or (c) for the cumulative effects of ordinary wear and tear to the premises occurring during one or more tenancies. (3) At the termination of the tenancy agreement the landlord and the tenant shall inspect the premises using the inspection sheet and the landlord shall compile a comprehensive and detailed list of any damage to the premises which forms the basis for any charge against the security deposit and the estimated dollar cost of repairing such damage; and the tenant shall have the right to ascertain the accuracy of the list. Residential Tenancies Law, 2009 Law 6 of 2009 (4) The landlord and the tenant shall sign the list and the signatures shall be conclusive evidence of the accuracy of such list and, if the tenant refuses to sign the list, he shall specify in writing the items on the list to which he dissents and shall sign such statement of dissent. (5) A landlord shall not be entitled to retain any portion of a security deposit if the security deposit was not deposited in an account as required by section 22 and if he fails to provide the tenant with a damage list. (6) A tenant who disputes the accuracy of the final damage list given pursuant to subsection (3) may apply to the Commissioner for mediation. (7) A tenant\u2019s claim shall be limited to those items from which the tenant specifically dissented in accordance with the provisions of subsection (4); and if the tenant fails to sign the list or to specify his dissent, he shall not be entitled to recover any part of his deposit under this section.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Return of security deposit 25. (1) Within fourteen days, excluding Saturdays, Sundays and public general holidays, after the termination of a tenancy agreement, the landlord shall, unless the tenant agrees in writing at the termination of the tenancy that the landlord is entitled to retain all or a portion of the security deposit \u2014 (a) pay to the tenant the security deposit and any accrued interest, if applicable; or (b) where the landlord intends to retain all or a portion of the security deposit \u2014 (i) notify the tenant in writing that he intends to impose a claim on the deposit and state the reason why he intends to impose a claim; and (ii) pay to the tenant the portion of the security deposit that the landlord does not intend to retain and any accrued interest, if applicable. (2) If the tenant disputes the retention of the deposit or any portion thereof, the landlord, within sixty days after the termination of the tenancy agreement, may apply to a Commissioner for a settlement of the dispute. (3) Where the landlord applies to a Commissioner he shall \u2014 (a) provide the Commissioner with the details respecting the claim as required by the Commissioner; (b) provide the Commissioner with the tenant\u2019s address or evidence of the landlord\u2019s attempts to obtain the tenant\u2019s address; and (c) pay the prescribed fee. (4) A tenant who disputes the retention of the deposit or any part of the deposit by the landlord may apply, within sixty days of the termination of the tenancy to a Commissioner for a settlement of the dispute and shall pay the prescribed fee Residential Tenancies Law, 2009 Law 6 of 2009 and provide the Commissioner with such information as the Commissioner may require. (5) Where a Commissioner receives an application, information and fee under this section he shall deal with the application in accordance with section 10. (6) Where a tenant leaves and does not pay the last rent he is due to pay the landlord may, after fourteen days, remove the deposit from the account and apply the deposit to the outstanding rent. (7) Where a tenant quits the premises not owing rent and is owed a refund of the full deposit or a part thereof and where no action has been taken under this section, the landlord shall send a notice by registered post to the tenant at his last known address advising him of the amount of security deposit due to him and that the deposit should be collected by the tenant no later than thirty days after the date of the notice. (8) The landlord shall send a copy of the notice under subsection (7) to the Commissioner; and where the landlord does not receive a response from the tenant within thirty days of the date of the notice, he shall so advise the Commissioner and the landlord shall remove the deposit and pay it into the office of the Commissioner. (9) Where a deposit is sent to the Commissioner under subsection (7) the Commissioner shall send a notice by registered post to the tenant at his last known address advising him that the deposit is being held by him and that it should be collected by the tenant no later than one hundred and eighty days after the date of the notice. (10) Where the Commissioner does not receive a response from the tenant within the time stated in subsection (9) he shall pay such deposit to the landlord who shall retain it free from any claim of the tenant or any person claiming it on his behalf.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Rent increases 26. (1) The rent payable in respect of any tenancy may be increased by the landlord provided all of the following conditions are complied with \u2014 (a) the landlord shall give the tenant notice in writing of the increase; (b) that notice shall specify the amount of the increased rent and the day upon which the increased rent shall become payable; (c) the day upon which the increased rent shall become payable shall be not less than sixty days after the date on which that notice is given; (d) the rent shall not be increased within one year after the date on which the last increase took effect; (e) in the case of a tenancy which is not subject to annual rent adjustment, the rent shall not be increased within one year after the date of the commencement of the tenancy; Residential Tenancies Law, 2009 Law 6 of 2009 (f) in the case of a tenancy which is subject to annual rent adjustment, no rent increase shall take effect \u2014 (i) less than sixty days after the notice required by paragraph (a) is given; and (ii) other than on the specified date in any year or with effect on the next day on which any rent is to be paid within twenty-eight days after the specified date in any year; and (g) a landlord under a fixed-term tenancy shall not increase the rent otherwise than as permitted by the agreement. (2) For the purposes of subsection (1), a tenancy is subject to annual rent adjustment where \u2014 (a) it is the landlord\u2019s practice, the proof of which shall lie on the landlord \u2014 (i) to review the rent annually; and (ii) to adjust the rent on a specified day in each year; and (b) provision to that effect is included in the tenancy agreement or the tenant is otherwise informed of the practice in writing before the commencement of the tenancy. (3) A notice of an increase in rent lawfully given under this section shall, unless it is withdrawn by the landlord, have the effect of varying the tenancy agreement in accordance with the terms of the notice. (4) Where a landlord has given a notice to increase the rent and subsequently realises that, because of \u2014 (a) some error in calculating the day on which the increased rent is to become payable or in the manner in which that day is expressed in the notice; or (b) some delay in serving the notice, the day fixed in the notice for the increased rent to become payable is in contravention of subsection (1), the landlord shall give to the tenant a further notice varying the original notice so as to bring the terms of the original notice into accord with the provisions of that subsection. (5) Every notice given under subsection (4) shall be in writing, specifying the amount of the increased rent and the day upon which the increased rent shall become payable.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Receipts for rent 27. (1) Subject to subsection (3), every landlord who receives rent payable under or in respect of any tenancy agreement shall give or cause to be given to the person paying the rent a written receipt bearing \u2014 (a) the name of the tenant; Residential Tenancies Law, 2009 Law 6 of 2009 (b) the address of the premises or an appropriate code or reference to identify the premises to which the payment relates; (c) the amount and nature of the payment; (d) the date of the payment; and (e) the period of the tenancy to which the payment relates. (2) The receipt shall be given to the person paying the rent \u2014 (a) forthwith, where payment is made in cash; or (b) within seventy- two hours after payment, in any other case. (3) Nothing in subsection (1) or (2) shall apply \u2014 (a) to any rent paid out of a bank account in the name of the tenant by automatic payment through the bank or by way of a non-negotiable personal cheque or other similar non-negotiable instrument drawn on that account; or (b) to any rent paid by the tenant into any account nominated by the landlord and operated by the landlord exclusively in respect of the tenancy, or exclusively in respect of the tenancy and any other tenancies of the landlord. (4) A person who fails to give a receipt or written statement in accordance with this section commits an unlawful act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Landlord to keep records 28. (1) Every landlord shall keep or cause to be kept proper business records showing \u2014 (a) all payments of rent paid by or on behalf of the tenant; and (b) any amount by way of security deposit paid by or on behalf of the tenant on or after the commencement of this Law. (2) A landlord who fails to keep records in accordance with this section commits an unlawful act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Apportionment of rent 29. (1) The rent payable under a tenancy agreement shall accrue from day to day. (2) Upon termination of a tenancy, the rent shall be apportioned accordingly, and the appropriate amount shall be payable or recoverable forthwith.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Accelerated rent or damages prohibited 30. (1) A provision in a tenancy agreement to the effect that, on breach by the tenant of any term of the agreement or of any of the provisions of this Law or of any other enactment, the tenant shall be liable to pay \u2014 Residential Tenancies Law, 2009 Law 6 of 2009 (a) the whole or any part of the rent remaining payable under the agreement; or (b) rent of an increased amount, shall be of no effect. (2) A provision in a tenancy agreement to the effect that, if the tenant does not breach any term of the agreement or any of the provisions of this Law or of any other enactment, the rent shall or may be reduced or the tenant shall or may be granted or paid a rebate, refund, or other benefit, shall be construed as entitling the tenant to that reduction, rebate, refund, or other benefit in any event.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Tenant\u2019s goods not to be seized 31. (1) A landlord shall not be entitled to seize or dispose of any of the tenant\u2019s chattels \u2014 (a) as security for or in payment of any amount owing by way of rent; or (b) for any other reason arising from the tenancy. (2) A landlord who seizes or disposes of any chattels in contravention of subsection (1) commits an unlawful act. (3) Nothing in this section shall limit or affect the way in which any order of the court may be enforced. (4) Nothing in this section applies to any of the tenant\u2019s chattels if the landlord has reasonable cause to believe that the premises or the chattels have been abandoned by the tenant. Rights and obligations of parties\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Legal impediments to occupation 32. (1) A landlord shall not lease any premises if he knows that the occupation of the premises for residential purposes is subject to a legal impediment. (2) A landlord who contravenes subsection (1) commits an unlawful act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"Vacant possession 33. (1) A tenant shall have vacant possession of the premises on the date on which, in accordance with the tenancy agreement, the tenant is entitled to enter into occupation of the premises. (2) In this section \u201cpremises\u201d do not include facilities. Residential Tenancies Law, 2009 Law 6 of 2009\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Quiet enjoyment of the tenant 34. (1) A landlord or any person claiming by, through, or under the landlord or having superior title to that of the landlord shall not cause or permit any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the premises by the tenant. (2) A landlord shall not interfere with the supply of gas, electricity, water, telephone services, or other services to the premises, except where the interference is necessary to avoid danger to any person or to enable maintenance or repairs to be carried out. (3) A landlord commits an unlawful act where \u2014 (a) he contravenes subsection (1) or (2); or (b) he persistently withdraws or withholds services to the premises, and, in either case, he knows, or has reasonable cause to believe, that that conduct is likely to cause the tenant to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises. (4) A person does not commit an unlawful act under subsection (2) if he proves that he had reasonable grounds for doing the acts or withdrawing or withholding the services in question. (5) In this section \u201cpremises\u201d include facilities.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"Outgoings 35. (1) Subject to subsections (2) and (3), all outgoings, including garbage fees, strata fees, and insurance premiums payable in respect of the premises shall, as between the landlord and the tenant, be payable by the landlord. (2) Subject to subsection (3), the following outgoings incurred during the tenancy shall, as between the landlord and the tenant, be payable by the tenant \u2014 (a) all charges for electricity or gas supplied to the premises; (b) water charges in respect of the premises (including the cost of charges for standard meter readings) if \u2014 (i) the premises have a separate water meter; (ii) the tenancy agreement stated, at the commencement of the tenancy, that the tenant shall pay for any metered water provided to the premises; and (iii) the water supplier charges for water provided to the premises on the basis of metered usage; and (c) all charges in respect of any telephone or television connected to the premises. Residential Tenancies Law, 2009 Law 6 of 2009 (3) Subsections (1) and (2) do not apply in respect of any outgoing which the parties have agreed in writing, whether in the tenancy agreement or otherwise shall, as between the landlord and the tenant, be payable by the landlord. (4) In this section \u201cstandard meter readings\u201d means all meter readings other than meter readings requested by the landlord. (5) In this section \u201cpremises\u201d include facilities that are exclusively for the use of the tenant.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"Tenant\u2019s responsibilities 36. (1) The tenant shall \u2014 (a) pay the rent and any outgoings as agreed under the tenancy agreement as and when they are due and payable under the tenancy agreement; (b) ensure that the premises are occupied principally for residential purposes; (c) keep the premises clean and tidy; (d) notify the landlord, as soon as possible after discovery, of any damage to the premises, or of the need for any repairs; and (e) on the termination of the tenancy \u2014 (i) quit the premises; (ii) remove all of his possessions from the premises; (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; (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 in no worse condition as they were in at the date of the commencement of the tenancy, fair wear and tear excepted, and to replace such articles as are lost, damaged or destroyed with chattels of equal value. (2) A tenant shall not \u2014 (a) intentionally damage, or permit any other person to damage, the premises; (b) use the premises, or permit the premises to be used, for any unlawful purpose; or (c) cause or permit any interference with the reasonable peace, comfort, or privacy of any of the landlord\u2019s other tenants in the use of the premises occupied by those other tenants, or with the reasonable peace, comfort, or privacy of any other person residing in the neighbourhood. Residential Tenancies Law, 2009 Law 6 of 2009 (3) Where the tenancy agreement specifies a maximum number of persons that may reside in the premises during the tenancy, the tenant shall not permit more than that number to reside in the premises at any time during the tenancy except with the prior written consent of the landlord who shall not withhold such permission unreasonably. (4) Where the tenancy agreement allows the tenant to keep a certain number or type of pet on the premises the tenant shall not keep more than that number or any other type of pet on the premises at any time during the tenancy except with the prior written consent of the landlord. (5) Where any damage to the premises is proved to have occurred during any tenancy to which this Law applies, it shall be for the tenant to prove that the damage did not occur in circumstances constituting a breach of subsection (2)(a). (6) A tenant who intentionally causes damage to the premises commits an offence and the Penal Code (2007 Revision) shall apply. (7) The liability to be prosecuted for an offence under subsection (6) is in addition to civil liability for a breach of the tenancy agreement. (8) In this section, unless the context otherwise requires, \u201cpremises\u201d include facilities.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"Tenant\u2019s responsibility for actions of others 37. (1) A tenant shall be responsible for anything done or omitted to be done by any person, other than the landlord who is in the premises with the tenant\u2019s permission if the act or omission would have constituted a breach of the tenancy agreement had it been the act or omission of the tenant. (2) Where any person, other than the landlord, intentionally or carelessly damages the premises while the tenant is in the premises, it shall be presumed that the tenant permitted that person to be in the premises unless the tenant proves that he took all reasonable steps to prevent that person from entering the premises or, as the case may require, to eject that person from the premises.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"Tenant\u2019s fixtures 38. (1) A tenant shall not affix any fixture to the premises, or make any renovation, alteration, or addition of or to the premises, except \u2014 (a) in accordance with the tenancy agreement; or (b) with the prior written consent of the landlord, and the landlord shall not withhold or delay that consent unreasonably. (2) A tenant may, at any time before the expiry of the tenancy, remove any fixture that he has affixed to the premises during the term of the tenancy, unless the removal would cause irreparable damage to the premises. Residential Tenancies Law, 2009 Law 6 of 2009 (3) If, on removing such a fixture, the tenant causes any damage to the premises, the tenant shall inform the landlord forthwith and, at the landlord\u2019s option, either repair the damage or compensate the landlord for any reasonable expenses incurred by the landlord in repairing the damage.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"Assignment and subletting by tenant 39. (1) A tenant may at any time during the tenancy assign, charge, sublet, or part with possession of the premises with the prior written consent of the landlord and in accordance with any conditions attached to that consent by the landlord; and the landlord shall not withhold or delay that consent unreasonably, nor attach any unreasonable conditions to it. (2) On giving consent to any assignment, charge, subletting, or parting with possession of the premises by the tenant, a landlord shall be entitled to recover from the tenant any expenses reasonably incurred by the landlord in respect of the transaction. (3) Where a tenant assigns his interest under the tenancy agreement to any other person with the consent of the landlord and in accordance with any conditions attached to that consent by the landlord, the tenant shall, on the date on which the assignment takes effect, cease to be responsible to the landlord for the obligations imposed on the tenant by the agreement and this Law, but without prejudice to any liability already incurred by the tenant to the landlord in respect of anything done or omitted to be done before that date.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"Landlord\u2019s responsibilities 40. (1) A landlord shall at the commencement of the tenancy provide the tenant with premises which are fit for human habitation. (2) In determining for the purposes of this Law whether premises are fit for human habitation, regard shall be had to their condition in respect of the following matters \u2014 (a) cleanliness; (b) repair; (c) freedom from damp and mould; (d) natural lighting; (e) water supply; (f) stability; (g) ventilation; (h) drainage and sanitary conveniences; and (i) facilities for the preparation and cooking of food and for the disposal of waste water, Residential Tenancies Law, 2009 Law 6 of 2009 and premises shall be considered unfit if they are so far defective in one or more of those matters that they are not reasonably suitable for occupation in that condition. (3) A landlord, during the tenancy, shall keep in repair the structure and exterior of the premises (including drains, fresh water tanks and external pipes). (4) A landlord, during the tenancy, shall keep in repair and working order \u2014 (a) any cesspool to which the drainage of the premises is connected; and (b) the installations in the premises \u2014 (i) for the supply of water and electricity, for external bottled 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 installations exists at the commencement of the tenancy or where the installations are made by the landlord during the tenancy without the request of the tenant. (5) A landlord shall, during the tenancy, comply with all requirements in respect of the structure of buildings, health, and safety under any enactment so far as they apply to the premises. (6) Where \u2014 (a) premises are in a state of disrepair that does not arise from a contravention of the tenancy agreement by the tenant; (b) the state of disrepair is, unless remedied, likely to result in personal injury or damage to property or undue inconvenience; (c) the tenant notifies the landlord of the state of disrepair or makes a reasonable attempt to do so and the landlord fails to make the necessary repairs; (d) the tenant incurs costs in having the state of disrepair remedied; and (e) the repairs are carried out by a person who is licensed to carry out the necessary work and the tenant provides the landlord with a report on the work carried out and the apparent cause of the state of disrepair, the tenant is entitled to recover from the landlord the reasonable costs of having the repairs carried out. (7) Where the landlord fails to compensate the tenant within one month after the tenant has incurred expenses specified in subsection (6), the tenant may deduct the expenses from the next due rent or rents as the case may be; except that in the case of a periodic tenancy for a period of one month or less, he shall not deduct more than one-third of the rent due for any period. Residential Tenancies Law, 2009 Law 6 of 2009 (8) A notice under subsection (6) shall be considered to have been received in the ordinary course of the mail within three days of its being posted. (9) The provisions of subsections (1) to (6) shall apply notwithstanding that the tenant has notice of the state of the premises at the time at which the tenancy agreement is entered into. (10) Any obligation by a tenant for the repair of premises (including any obligation 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 subsections (1) to (6). (11) In determining the standard of repair required by this section regard shall be had to the age, character and prospective life of the premises and the locality in which it is situated. (12) The obligations implied by this section shall not be construed as \u2014 (a) imposing upon the landlord any obligation to repair any damage, or compensate the tenant for any want of repair, arising out of any breach by the tenant of any obligation imposed on tenants by this Law; or (b) requiring the landlord to rebuild or reinstate the premises in the case of destruction or damage by fire, tempest, flood or other inevitable accident.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"Landlord\u2019s right of entry 41. (1) A landlord shall not enter the premises of his tenant except \u2014 (a) with the prior consent of the tenant given at, or immediately before, the time of entry; or (b) in any of the circumstances described in subsection (2) or subsection (3). (2) A landlord may enter the premises \u2014 (a) in any case of emergency; (b) for the purpose of inspecting the premises, at any time between 8 o\u2019clock in the morning and 7 o\u2019clock in the evening on a day specified in a notice given to the tenant not less than forty-eight hours nor more than fourteen days before the intended entry, and not more frequently than once in any period of eight weeks; (c) for the purpose of determining whether or not \u2014 (i) the tenant has, within the period allowed by the landlord, completed satisfactorily any work required by the landlord to be done by the tenant to remedy any breach by the tenant of any of the provisions of the tenancy agreement or of this Law; or (ii) the tenant has, within the agreed period, completed satisfactorily any work agreed to be done by the tenant, Residential Tenancies Law, 2009 Law 6 of 2009 at any time between 8 o\u2019clock in the morning and 7 o\u2019clock in the evening on any day (after the expiry of the period allowed for the work) specified in a notice given to the tenant not less than forty-eight hours nor more than fourteen days before the intended entry; (d) for the purpose of carrying out necessary repairs to or necessary maintenance of, the premises, at any time between 8 o\u2019clock in the morning and 7 o\u2019clock in the evening of any day, after giving to the tenant notice of the intended entry and the reason for it at least twenty-four hours before the intended entry; or (e) pursuant to an order of the court. (3) For the purpose of showing the premises to prospective tenants or to prospective purchasers, or to a valuer engaged in the preparation of a report, the landlord may, with the prior consent of the tenant (which shall not be unreasonably withheld or delayed) and subject to such reasonable conditions as the tenant may attach to that consent, enter the premises at any reasonable time. (4) The following are each unlawful acts \u2014 (a) entry upon the premises by the landlord other than as permitted by or under any of subsections (1) to (3); and (b) refusal by the tenant, without reasonable excuse, to allow the landlord to enter upon the premises in any circumstances in which the landlord is entitled to enter under subsection (2) or subsection (3). (5) Notwithstanding anything in subsection (2), (3) or (4), the landlord shall not use force or the threat of force to enter or attempt to enter the premises while the tenant, or any other person with the permission of the tenant, is in the premises. (6) A landlord who breaches subsection (5) commits an offence in accordance with section 68. (7) In this section \u201cpremises\u201d do not include facilities.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_42\", \"num\": \"42.\", \"text\": \"Landlord to give notice to tenant of intention to sell 42. (1) If, at any time after entering into a tenancy agreement, a landlord puts the premises on the market for the purposes of sale or other disposition, the landlord shall forthwith give written notice of that fact to the tenant. (2) When a landlord is offering residential premises as available for letting, the landlord shall inform prospective tenants if the premises are on the market for the purposes of sale or other disposition.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_43\", \"num\": \"43.\", \"text\": \"Disposition of landlord\u2019s interest 43. (1) Where a landlord disposes of his interest in the premises to any other person, in this section referred to as \u201cthe purchaser\u201d, the following provisions shall apply \u2014 Residential Tenancies Law, 2009 Law 6 of 2009 (a) the landlord or the purchaser shall within ten working days\u2019 of the disposition, give to the tenant written notice of the disposition, including the name and contact address of the purchaser so far as those particulars are known to the landlord; (b) until that notice is received by the tenant, the tenant shall not be obliged to pay any rent to the purchaser, and shall not be liable to the purchaser in any proceedings in respect of any sum paid to the landlord on account of rent; (c) from and after the date on which the tenant receives that notice, or such later date as may be specified in the notice, the tenant shall pay to the purchaser all sums due and payable by way of rent in respect of any period commencing after that date; and (d) subject to any lawful claim made to the court before the date of settlement, the landlord\u2019s interest in any security deposit paid by the tenant shall pass to the purchaser on the date of settlement or the date of possession, whichever is earlier. (2) Nothing in subsection (1)(a) shall absolve the landlord from the obligation imposed on the purchaser by section 18.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_44\", \"num\": \"44.\", \"text\": \"Mitigation of damage or loss 44. Where any party to a tenancy agreement breaches any of the provisions of the agreement or of this Law, the other party shall take all reasonable steps to limit the damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract. PART V - TERMINATION OF TENANCIES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_45\", \"num\": \"45.\", \"text\": \"Scope of this Part 45. (1) Nothing in this Part affects \u2014 (a) the law of disclaimer in its application to cases of bankruptcy, liquidation and rights of infants; (b) the law of merger; (c) surrender by operation of law or act of parties; (d) the right of any person to bring an action for the recovery of rent or for the recovery of possession of land from persons wrongfully in possession of land; or (e) the termination of a tenancy agreement which the tenant has acknowledged in writing is to terminate in the event of the tenant ceasing to be employed by the landlord. Residential Tenancies Law, 2009 Law 6 of 2009\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_46\", \"num\": \"46.\", \"text\": \"Provisions to the contrary to be void 46. Subject to this Part, a tenancy agreement shall only be terminated in accordance with this Part and any stipulation to the contrary in any tenancy agreement shall have no force or effect.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_47\", \"num\": \"47.\", \"text\": \"Termination under the provisions of the tenancy agreement 47. (1) A fixed-term tenancy agreement terminates without notice when that term expires or when forfeited in accordance with this Law. (2) Subject to subsection (3), a tenancy agreement which is terminable on notice by either party terminates on the expiration of notice duly given. (3) Subject to section 45, any reference in a tenancy agreement to a right to give notice to terminate the tenancy in the event of \u2014 (a) a breach of obligation by the tenant; or (b) the bankruptcy or liquidation of the tenant; shall be construed as including a reference to a right to make application to the court under this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_48\", \"num\": \"48.\", \"text\": \"Surrender of tenancy 48. (1) Where the landlord and the tenant agree that the tenancy shall be surrendered, it shall be surrendered in the following manner \u2014 (a) an instrument shall be prepared in the prescribed form, or else the word \u201csurrendered\u201d shall be inscribed on the tenancy agreement or on the duplicate or triplicate thereof; and (b) the instrument or inscription shall then be executed by the landlord and tenant, and thereupon, or upon such earlier date as is expressed in the instrument or inscription, the interest of the tenant shall cease. (2) A tenancy agreement which is subject to a charge or sub-tenancy shall not be surrendered without the consent in writing of the proprietor of the charge or subtenancy.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_49\", \"num\": \"49.\", \"text\": \"Notice of termination to be in writing 49. (1) Notice to terminate a tenancy shall be in writing and shall be in the form set out in Part I of the Schedule. (2) 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 the Schedule. Residential Tenancies Law, 2009 Law 6 of 2009\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_50\", \"num\": \"50.\", \"text\": \"Termination by notice 50. Subject to any agreement in writing providing for a different period of notice and to the provisions of this Part \u2014 (a) a tenancy from year to year shall be terminated by not less than three months\u2019 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\u2019s previous notice.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_51\", \"num\": \"51.\", \"text\": \"Forfeiture of fixed term tenancy agreement 51. (1) A fixed-term tenancy agreement may contain a provision for forfeiture upon the occurrence of one or more of the following events \u2014 (a) the tenant fails to pay the rent within fourteen days after service of a written demand in the prescribed form; (b) the tenant fails to remedy a breach of any of the covenants implied by section 36 within twenty-eight days after service of a forfeiture notice in accordance with section 52; (c) the expiry or revocation of the tenant\u2019s work permit; (d) the tenant is adjudicated bankrupt or, being a company, goes into liquidation; (e) the landlord fails to take reasonable steps to comply with his repairing obligations within twenty-eight days after service of a notice by the tenant under section 36(1)(d); or (f) the landlord fails to remedy a breach of any of the obligations implied under this Law within twenty-eight days after service of a forfeiture notice in accordance with section 54. (2) The right of forfeiture may be \u2014 (a) exercised, where neither the tenant or any person claiming through or under him is in occupation of the land, by entering upon and remaining in possession of the land; or (b) enforced by action in the court. (3) Subject to subsection (4), the right of forfeiture shall be taken to have been waived if \u2014 (a) the landlord accepts rent which has become due since the breach of agreement or condition which entitled the landlord to forfeit the tenancy Residential Tenancies Law, 2009 Law 6 of 2009 agreement or has by any other positive act shown an intention to treat the tenancy agreement as subsisting; and (b) the landlord is or should by reasonable diligence have become aware of the commission of the breach. (4) The acceptance of rent after the landlord has commenced an action in the court under subsection (2) shall not operate as a waiver. (5) The forfeiture of a tenancy agreement shall terminate every subtenancy (and every other interest appearing in the register relating to that tenancy if the tenancy has been registered), but \u2014 (a) where the forfeiture is set aside by the court on the grounds that it was procured by the landlord in fraud of the subtenant; or (b) where the court grants relief against the forfeiture under section 53, every such subtenancy and other interest shall be deemed not to have terminated.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_52\", \"num\": \"52.\", \"text\": \"Notice before forfeiture 52. Notwithstanding anything to the contrary contained in a tenancy agreement, no landlord shall be entitled to exercise the right of forfeiture for the breach of any agreement or condition in the tenancy agreement whether expressed or implied, until the landlord has served on the tenant a notice \u2014 (a) specifying the particular breach complained of; (b) if the breach is capable of remedy, requiring the tenant to remedy the breach within such reasonable period as is specified in the notice; and (c) in any case other than non-payment of rent, requiring the tenant to make compensation in money for the breach; and (i) the tenant has failed to remedy the breach within a reasonable time thereafter if it is capable of remedy and to make reasonable compensation in money; and (ii) the matter was referred for mediation by a Commissioner and no agreement was reached.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_53\", \"num\": \"53.\", \"text\": \"Relief against forfeiture 53. (1) A tenant upon whom a notice has been served under section 52, or against whom the landlord is proceeding, by action or re-entry, to enforce his right of forfeiture, may apply to the court for relief; and the court may grant or refuse relief, as the court, having regard to the proceedings and the conduct of the parties and the circumstances of the case, thinks fit, and, if it grants relief, may grant it on such terms as it thinks fit. (2) Subject to subsection 3, the court on application by any person claiming as subtenant or chargee of any interest in the property or part of the property comprised in the tenancy agreement forfeited or sought to be forfeited, may Residential Tenancies Law, 2009 Law 6 of 2009 make an order vesting the property or such part in such subtenant or chargee for the whole period of the lease or any less period, upon such conditions as the court in the circumstances of the case thinks fit. (3) Nothing in subsection (2) shall apply in the case of a forfeiture arising from a breach to which the subtenant is a party or from the breach of an express agreement or condition against subletting, parting with the possession of or disposing of the property leased. (4) For the purpose of this section a tenancy agreement limited to continue as long only as the tenant abstains from committing a breach of the tenancy agreement or condition shall be and take effect as a tenancy agreement to continue for any longer term for which it could subsist, but terminable by a provision for re-entry on such breach. (5) This section shall have effect notwithstanding any stipulation or agreement to the contrary and whether the tenancy agreement is registered or not.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_54\", \"num\": \"54.\", \"text\": \"Notice of termination by tenant on ground of breach of the tenancy agreement 54. (1) If the landlord breaches a fixed term tenancy agreement, the tenant may give the landlord a written notice \u2014 (a) specifying the breach; and (b) informing the landlord that if the breach is not remedied within a specified period (which must be a period of at least twenty-eight days from the date the notice is given) the tenancy is terminated by force of the notice from a date that is also specified in the notice (which must be at least seven days after the end of the period allowed for the landlord to remedy the breach) (2) Where the landlord is of the opinion that he is not in breach of the tenancy agreement or that he has remedied the breach specified by the tenant he may, before the time fixed in the tenant\u2019s notice for termination of the tenancy or the tenant gives up possession of the premises whichever is the later, apply to the Commissioner for mediation of the matter. (3) Where the parties fail to reach a settlement of the matter through mediation the landlord may apply, before the time fixed in the tenant\u2019s notice for termination of the tenancy or before the tenant gives up possession of the premises whichever is the later, to the court for an order \u2014 (a) declaring that the landlord is not in breach of the tenancy agreement, or has remedied the breach of the agreement, and that the tenancy is not liable to be terminated under this section; or (b) reinstating the tenancy. (4) If the court is satisfied that a tenancy has been validly terminated under this section, but that it is just and equitable to reinstate the tenancy or it would be Residential Tenancies Law, 2009 Law 6 of 2009 just and equitable to reinstate the tenancy if the conditions of the order were complied with, the court may make an order reinstating the tenancy. (5) An order reinstating the tenancy under this section may be made on conditions that the court considers appropriate. PART VI - RECOVERY OF POSSESSION OF PREMISES AND COMPENSATION\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_55\", \"num\": \"55.\", \"text\": \"Compensation when premises not vacated 55. (1) A landlord is entitled to compensation for the use and occupation of premises after the tenancy has expired or been terminated in accordance with Part IV and the tenant has neglected or refused to give up possession of the premises. (2) A tenant is liable to pay \u2014 (a) any arrears of rent due; (b) compensation to the landlord for any loss caused to the landlord by his failure to vacate the premises; and (c) an occupation fee to the landlord equal to the amount of rent that would have been payable by the tenant for the premises for the period the tenant remains in possession after termination of the tenancy agreement. (3) A landlord\u2019s 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 legal action. (4) Where a claim is made for arrears of rent or for compensation it shall be supported by an affidavit showing \u2014 (a) the amount of rent in arrears and the time during which it has been in arrears; and (b) particulars of the use made of the premises after the expiration or termination of the tenancy, so far as is known.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_56\", \"num\": \"56.\", \"text\": \"Recovery of possession of residential premises prohibited except by order 56. (1) A person shall not, except in accordance with an order or warrant of a court enter residential premises or any part of such premises of which another person has possession \u2014 (a) under a tenancy agreement; or (b) as a former tenant holding over after termination of a residential tenancy agreement, for the purpose of recovering possession of the premises or part of the premises. Residential Tenancies Law, 2009 Law 6 of 2009 (2) This section applies to a person who enters residential premises or any part of such premises, whether on his own behalf or on behalf of another person. (3) A court before which proceedings for an offence under this section are brought may, in addition to any other penalty, order the person who committed the offence or any person on whose behalf that person acted to pay to the person against whom the offence was committed such compensation as it thinks fit.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_57\", \"num\": \"57.\", \"text\": \"Terms of order for possession 57. An order by the court granting possession \u2014 (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 section 58 without any further order.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_58\", \"num\": \"58.\", \"text\": \"Warrant to evict 58. Where an order for possession under this Law is not obeyed by the date or within the time therein specified, upon proof of service of the order, the landlord shall be entitled, without any further order, to sue out a warrant directing the bailiff to evict the tenant from the premises.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_59\", \"num\": \"59.\", \"text\": \"Proceedings after tenant vacates 59. 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. PART VII - REGISTRATION OF CERTAIN TENANCY AGREEMENTS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_60\", \"num\": \"60.\", \"text\": \"Registration of tenancy agreements 60. A fixed-term tenancy for a specified period of two years or more, or for the life of the landlord or of the tenant, or a tenancy which contains an option whereby the tenant may require the landlord to grant him a further term or terms which, together with the original term, exceed two years, shall be registered by the Registrar in accordance with the provisions of the Registered Land Law (2004 Revision) and the provisions of that Law as they relate to registration shall apply with the necessary changes. Residential Tenancies Law, 2009 Law 6 of 2009\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_61\", \"num\": \"61.\", \"text\": \"Landlord\u2019s consent to dealing with tenancy 61. Upon the registration of a tenancy agreement containing an agreement, express or implied, by the tenant that he will not transfer, sub-let, charge or part with possession of the premises or any part thereof without the written consent of the landlord, the agreement shall be noted in the register of the tenancy agreement and no dealing with the tenancy agreement shall be registered until the consent of the landlord, verified in accordance with section 107 of the Registered Land Law (2004 Revision), has been produced to the Registrar.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_62\", \"num\": \"62.\", \"text\": \"Lease of charged land 62. Where any premises are subject to a charge, no tenancy of such premises shall be registered without the previous consent in writing of the proprietor of the charge, verified in accordance with section 107 of the Registered Land Law (2004 Revision), unless the charge expressly dispenses with the necessity for such consent.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_63\", \"num\": \"63.\", \"text\": \"Future tenancies 63. (1) A tenancy may be made for a period to commence on a future date, not being later than twenty-one years from the date on which the tenancy agreement is executed but shall be of no effect unless it is registered. (2) Any instrument purporting to create a tenancy to commence on a date more than twenty-one years after the date of the instrument, or to take effect on the fulfilment of any condition, is void.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_64\", \"num\": \"64.\", \"text\": \"Voluntary registration of tenancy agreement 64. Where application is made to the Registrar to register any tenancy agreement which is not compulsorily registrable under this Law but which is capable of registration, the Registrar shall not register such tenancy agreement unless \u2014 (a) it is in the prescribed form, or in such form as the Registrar may approve; and (b) in the case of a sub-tenancy, every tenancy superior to that sub-tenancy complies with paragraph (a) and is registered in priority to the subtenancy. PART VIII - GENERAL\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_65\", \"num\": \"65.\", \"text\": \"Destruction of premises and abatement of rent 65. (1) Where, otherwise than as a result of a breach of the tenancy agreement, premises are destroyed, or are so seriously damaged as to be uninhabitable \u2014 (a) the rent shall abate accordingly; and (b) either party may give notice to the other terminating the tenancy. Residential Tenancies Law, 2009 Law 6 of 2009 (2) Where a landlord gives notice of termination under subsection (1), the period of notice shall be not less than seven days. (3) Where a tenant gives notice of termination under subsection (1), the period of notice shall be not less than two days. (4) Where, otherwise than as a result of a breach of the tenancy agreement, the premises are partially destroyed, or part of the premises is so seriously damaged as to be uninhabitable \u2014 (a) the rent shall abate accordingly; and (b) either party may apply to the court for an order terminating the tenancy, and the court may make such an order if it is satisfied that it would be unreasonable to require the landlord to reinstate the property or, as the case may be, to require the tenant to continue with the tenancy albeit at a reduced rent.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_66\", \"num\": \"66.\", \"text\": \"Abandonment of premises 66. (1) On the application of the landlord, the court may make an order terminating a tenancy where he is satisfied that the tenant has abandoned the premises and the rent is in arrears. (2) Where the court makes an order under subsection (1) in respect of a periodic tenancy, it shall determine, as best it can on the evidence before it, the date on which the landlord first became aware, or ought reasonably to have become aware, that the tenant had abandoned the premises, and shall specify that date in the order. (3) A tenant who abandons the premises shall, notwithstanding any rule of law to the contrary, be liable to pay the rent for any period up to and including, but not after, the following date \u2014 (a) in the case of a periodic tenancy \u2014 (i) the date of the expiry of the period of twenty-one days after the date specified by the court under subsection (2); or (ii) the date of commencement of a new tenancy of the premises, whichever is the earlier; (b) in the case of a fixed-term tenancy \u2014 (i) the date of the expiry of the term; or (ii) the date of commencement of a new tenancy of the premises \u2014 whichever is the earlier. (4) Nothing in section 44 shall impose upon the landlord any obligation, on finding that the tenant has abandoned the premises, to make an application under this section or to grant a new tenancy of the premises. Residential Tenancies Law, 2009 Law 6 of 2009\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_67\", \"num\": \"67.\", \"text\": \"Abandoned chattel 67. (1) If a tenancy terminates or is terminated and chattel are left on the premises that were subject to the tenancy, then \u2014 (a) the landlord may, when at least two days have passed since the landlord took possession of the premises, remove, and destroy or dispose of, chattel \u2014 (i) if they are perishable foodstuffs; or (ii) if their value is less than a fair estimate of the cost of their removal, storage and sale; but (b) if the chattel are not liable to destruction or disposal under paragraph (a), the landlord shall store the chattel in a safe place and manner for at least sixty days. (2) The landlord shall, within seven days after storing chattel or having chattel stored under this section \u2014 (a) give notice of the storage of the chattel to \u2014 (i) if the tenant has left a forwarding address, the tenant; and (ii) if another person has, to the knowledge of the landlord, an interest in the chattel and the person\u2019s name and address are known to, or reasonably ascertainable by the landlord, that person; and (b) publish notice of the storage of the chattel in a newspaper circulating generally throughout the Islands. (3) A notice shall be in the form prescribed by regulations for the purposes of this section. (4) A person who is entitled to possession of chattel stored under this section may reclaim the chattel by paying to the landlord \u2014 (a) the reasonable costs of removing and storing the chattel; (b) the reasonable costs of giving notice under subsection (2)(b); and (c) any other reasonable costs incurred by the landlord as a result of the chattel being left on the premises. (5) If the chattel are not reclaimed within the sixty day period, the landlord shall, as soon as practicable after the end of that period, have the chattel sold by public auction. (6) On the sale of the chattel by public auction, the landlord \u2014 (a) may retain out of the proceeds of sale \u2014 (i) the reasonable costs of removing, storing and selling the chattel; (ii) the reasonable costs of giving notice under subsection (2)(b); Residential Tenancies Law, 2009 Law 6 of 2009 (iii) any other reasonable costs incurred by the landlord as a result of the chattel being left on the premises; and (iv) any amounts owed to the landlord under the tenancy agreement; and (b) shall pay the balance, if any, to the owner, or if the identity and address of the owner are not known to, or reasonably ascertainable by, the landlord, to the court for the credit of the tenant. (7) If chattel are sold by public auction under this section, the purchaser acquires a good title to the goods which defeats \u2014 (a) the tenant\u2019s interest in the chattel; and (b) the interests of others, apart from the tenant, unless the purchaser has actual notice of the interest before purchasing the chattel. (8) If a dispute arises between a landlord and tenant about the exercise of powers conferred by this section, the court may, on application by either party to the dispute, make an order resolving the matters in dispute.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_68\", \"num\": \"68.\", \"text\": \"Violence for securing entry 68. (1) Subject to the following provisions of this section, any person who, without lawful authority, uses or threatens violence for the purpose of securing entry into any premises for himself or for any other person commits an offence where there is someone present on those premises at the time who is opposed to the entry which the violence is intended to secure. (2) The fact that a person has any interest in or right to possession or occupation of any premises shall not for the purposes of subsection (1) constitute lawful authority for the use or threat of violence by him or anyone else for the purpose of securing entry into those premises. (3) It is immaterial for the purposes of this section \u2014 (a) whether the violence in question is directed against the person or against property; and (b) whether the entry which the violence is intended to secure is for the purpose of acquiring possession of the premises in question or any other purpose. (4) A person who commits an offence under this section is liable on summary conviction to a fine of five thousand dollars and imprisonment for four years or to both.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_69\", \"num\": \"69.\", \"text\": \"Unlawful acts 69. (1) A landlord or a tenant, may apply to the court for an order requiring any other person to pay to the applicant an amount in the nature of exemplary damages on the ground that that other person has committed an unlawful act. Residential Tenancies Law, 2009 Law 6 of 2009 (2) An application under subsection (1) shall not be made later than forty-five days after the date of commission of the unlawful act. (3) If, on such an application, the court is satisfied that the person against whom the order is sought committed the unlawful act intentionally, and that, having regard to \u2014 (a) the intent of that person in committing the unlawful act; (b) the effect of the unlawful act; (c) the interests of the landlord or the tenant against whom the unlawful act was committed; and (d) the public interest, it would be just to require the person against whom the order is sought to pay a sum in the nature of exemplary damages, the court may make an order accordingly. (4) Any amount ordered by the court to be paid under this section on the application of a landlord or a tenant shall be paid to that landlord or that tenant, and shall be in addition to any sum payable to that landlord or that tenant by way of compensation in respect of the unlawful act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_70\", \"num\": \"70.\", \"text\": \"Regulations 70. The Governor in Cabinet may make regulations in order to give effect to any provision of this Law and such regulations may contain penalties for breach of the regulations.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_71\", \"num\": \"71.\", \"text\": \"Rules 71. The Chief Justice may make rules for regulating pleading, practice and procedure in respect of the conduct of any matter before the court arising under this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_72\", \"num\": \"72.\", \"text\": \"Contract to avoid Law 72. (1) Subject to section 73, an agreement or arrangement that is inconsistent with this Law or that purports to exclude, modify or restrict the operation of this Law, is unless the inconsistency, exclusion, modification or restriction is expressly permitted under this Law to that extent void. (2) A person who enters into an agreement or arrangement to defeat, evade or prevent the operation of this Law directly or indirectly commits an offence and is liable on summary conviction to a fine of five thousand dollars. Residential Tenancies Law, 2009 Law 6 of 2009\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_73\", \"num\": \"73.\", \"text\": \"Court may exempt agreement or premises from provisions of Law 73. (1) The court may, on application by an interested person, if the court considers it necessary or desirable in the circumstances, order that a provision of this Law will not apply in relation to a tenancy agreement or prospective agreement or to particular premises, or will apply in a modified manner and the order will have effect accordingly. (2) In the disposition of an application under subsection (2) the court shall make such order as it considers fit but shall not hear such an application unless it is satisfied that the parties have separately received advice from an attorney-at-law explaining the consequence of excluding the provisions of this Law and are otherwise separately represented by an attorney-at-law in the proceedings. (3) An order may be made subject to such conditions as the court considers appropriate. (4) A person who contravenes an order commits an offence and is liable on summary conviction to a fine of four thousand dollars.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_74\", \"num\": \"74.\", \"text\": \"Transitional arrangements 74. (1) Nothing in this Law applies in relation to any proceedings which began before the commencement of this Law and which have not yet been determined. (2) Subject to section 73, where at the date of the commencement of this Law an agreement which establishes a tenancy is not in writing a landlord shall, within three months of such date, provide the tenant with a written tenancy agreement; and nothing in this section shall be construed as providing that such agreement shall offer less favourable terms than those previously orally agreed or less than provided by this Law. (3) A landlord who fails to provide a tenant with a written tenancy agreement or who provides a tenancy agreement which does not comply with subsection (2) commits an offence and is liable on summary conviction to a fine of five thousand dollars.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_75\", \"num\": \"75.\", \"text\": \"Repeals 75. (1) The Landlord and Tenant Law (Cap. 80) (1998 Revision) is repealed. (2) Section 84 of the Penal Code (2007 Revision) is repealed. Residential Tenancies Law, 2009 SCHEDULE Law 6 of 2009 SCHEDULE PART I FORMS OF NOTICES FORM A NOTICE TO TENANT TO (Name of Tenant) I hereby give you notice to deliver up possession of the premises [identify the premises] which you hold of me as tenant, on the [blank] day of [blank] 20 [blank] Dated this [blank] day of [blank] 20 [blank] [blank] (Landlord) FORM B NOTICE TO LANDLORD TO (Name of Landlord) 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] 20 [blank] Dated this [blank] day of [blank] 20 [blank] PART II SERVICE OF NOTICES 1. Notice by a tenant to a landlord shall be given personally to the landlord or sent by registered letter posted 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 given personally to the tenant or sent by registered letter posted to the tenant at his last known place of business or abode in the Islands. 3. Where the tenant cannot be given notice by reason of his absence from Islands, 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 corporation may be served on an officer or secretary of the corporation or in such other manner as a court may sanction. SCHEDULE Residential Tenancies Law, 2009 Law 6 of 2009 Passed by the Legislative Assembly this 19th day of March, 2009. EDNA MOYLE Speaker. WENDY LAUER Clerk of the Legislative Assembly.\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2009_01_01\", \"date\": \"2009-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2009_01_01\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2009_01_01\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/2009\/6\", \"FRBRdate\": [{\"date\": \"2009-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2009\/6\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"2009-0006\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"6 of 2009\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"principal\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/2009\/6\/eng@2009-01-01\", \"FRBRdate\": [{\"date\": \"2009-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2009\/6\/eng@2009-01-01\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/2009\/6\/eng@2009-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2009\/6\/eng@2009-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Residential Tenancies Act\", \"actNumber\": \"6 of 2009\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nRESIDENTIAL TENANCIES LAW, 2009\n\n(Law 6 of 2009)\nSupplement No. 9 published with Gazette No. 14 dated 7th July, 2009.\n\nPage 2\nLaw 6 of 2009\nc\n\nPUBLISHING DETAILS\nNOT IN FORCE\n\nResidential Tenancies Law, 2009\nArrangement of Sections\n\nc\nLaw 6 of 2009\nPage 3\n\nCAYMAN ISLANDS\n\nRESIDENTIAL TENANCIES LAW, 2009\n(Law 6 of 2009)\nArrangement of Sections\nSection\nPage\nPART I - PRELIMINARY\n1.\nShort title and commencement ..................................................................................................7\n2.\nInterpretation .............................................................................................................................7\nPART II - APPLICATION OF THIS LAW\n3.\nBinding of the Crown ............................................................................................................... 11\n4.\nLaw to apply generally to all residential tenancies .................................................................... 11\n5.\nExclusion of this Law in certain cases ...................................................................................... 11\n6.\nParties to excluded tenancies may agree that Law shall apply ................................................. 12\n7.\nOnus of proof ........................................................................................................................... 12\n8.\nLaw generally to apply despite contrary provisions .................................................................. 13\nPART III - RESIDENTIAL TENANCIES COMMISSIONER AND\nMEDIATION\n9.\nAppointment of Residential Tenancies Commissioner, etc ....................................................... 13\n10.\nMediation by the Commissioner ............................................................................................... 13\n11.\nAgreed settlements .................................................................................................................. 14\n12.\nFailure to reach settlement during mediation............................................................................ 14\n13.\nObligations under tenancy agreements not suspended ............................................................ 15\nPART IV - TENANCY AGREEMENTS - Preliminary matters\n14.\nTenancy agreement to be in writing ......................................................................................... 15\n\nArrangement of Sections\nResidential Tenancies Law, 2009\n\nPage 4\nLaw 6 of 2009\nc\n\n15.\nContents of tenancy agreement ............................................................................................... 15\n16.\nInspection sheets ..................................................................................................................... 16\n17.\nVariations and renewals of tenancy agreements ...................................................................... 16\n18.\nChange of name or address .................................................................................................... 17\n19.\nDuration of tenancy.................................................................................................................. 17\nSecurity deposits and rent\n17\n20.\nSecurity deposit ....................................................................................................................... 17\n21.\nSecurity deposits to be held in trust ......................................................................................... 17\n22.\nInvestment of security deposits ................................................................................................ 18\n23.\nInterest on security deposits .................................................................................................... 18\n24.\nSecurity deposits not attachable, etc. ....................................................................................... 18\n25.\nReturn of security deposit ........................................................................................................ 19\n26.\nRent increases......................................................................................................................... 20\n27.\nReceipts for rent ...................................................................................................................... 21\n28.\nLandlord to keep records ......................................................................................................... 22\n29.\nApportionment of rent .............................................................................................................. 22\n30.\nAccelerated rent or damages prohibited .................................................................................. 22\n31.\nTenant\u2019s goods not to be seized .............................................................................................. 23\nRights and obligations of parties\n23\n32.\nLegal impediments to occupation ............................................................................................. 23\n33.\nVacant possession .................................................................................................................. 23\n34.\nQuiet enjoyment of the tenant .................................................................................................. 24\n35.\nOutgoings ................................................................................................................................ 24\n36.\nTenant\u2019s responsibilities .......................................................................................................... 25\n37.\nTenant\u2019s responsibility for actions of others ............................................................................. 26\n38.\nTenant\u2019s fixtures ...................................................................................................................... 26\n39.\nAssignment and subletting by tenant ....................................................................................... 27\n40.\nLandlord\u2019s responsibilities ........................................................................................................ 27\n41.\nLandlord\u2019s right of entry ........................................................................................................... 29\n42.\nLandlord to give notice to tenant of intention to sell .................................................................. 30\n43.\nDisposition of landlord\u2019s interest .............................................................................................. 30\n44.\nMitigation of damage or loss .................................................................................................... 31\nPART V - TERMINATION OF TENANCIES\n45.\nScope of this Part .................................................................................................................... 31\n46.\nProvisions to the contrary to be void ........................................................................................ 32\n47.\nTermination under the provisions of the tenancy agreement .................................................... 32\n48.\nSurrender of tenancy ............................................................................................................... 32\n49.\nNotice of termination to be in writing ........................................................................................ 32\n50.\nTermination by notice .............................................................................................................. 33\n51.\nForfeiture of fixed term tenancy agreement .............................................................................. 33\n52.\nNotice before forfeiture ............................................................................................................ 34\n53.\nRelief against forfeiture ............................................................................................................ 34\n54.\nNotice of termination by tenant on ground of breach of the tenancy agreement ....................... 35\n\nResidential Tenancies Law, 2009\nArrangement of Sections\n\nc\nLaw 6 of 2009\nPage 5\n\nPART VI - RECOVERY OF POSSESSION OF PREMISES AND\nCOMPENSATION\n55.\nCompensation when premises not vacated .............................................................................. 36\n56.\nRecovery of possession of residential premises prohibited except by order ............................. 36\n57.\nTerms of order for possession ................................................................................................. 37\n58.\nWarrant to evict ....................................................................................................................... 37\n59.\nProceedings after tenant vacates ............................................................................................. 37\nPART VII - REGISTRATION OF CERTAIN TENANCY\nAGREEMENTS\n60.\nRegistration of tenancy agreements ......................................................................................... 37\n61.\nLandlord\u2019s consent to dealing with tenancy .............................................................................. 38\n62.\nLease of charged land ............................................................................................................. 38\n63.\nFuture tenancies ...................................................................................................................... 38\n64.\nVoluntary registration of tenancy agreement ............................................................................ 38\nPART VIII - GENERAL\n65.\nDestruction of premises and abatement of rent ........................................................................ 38\n66.\nAbandonment of premises ....................................................................................................... 39\n67.\nAbandoned chattel ................................................................................................................... 40\n68.\nViolence for securing entry ...................................................................................................... 41\n69.\nUnlawful acts ........................................................................................................................... 41\n70.\nRegulations ............................................................................................................................. 42\n71.\nRules ....................................................................................................................................... 42\n72.\nContract to avoid Law .............................................................................................................. 42\n73.\nCourt may exempt agreement or premises from provisions of Law .......................................... 43\n74.\nTransitional arrangements ....................................................................................................... 43\n75.\nRepeals ................................................................................................................................... 43\nSCHEDULE\n45\nFORMS OF NOTICES\n45\nNOTICE TO TENANT ....................................................................................................................... 45\nNOTICE TO LANDLORD .................................................................................................................. 45\nSERVICE OF NOTICES\n45\n\nResidential Tenancies Law, 2009\nSection 1\n\nc\nLaw 6 of 2009\nPage 7\n\nCAYMAN ISLANDS\n\nRESIDENTIAL TENANCIES LAW, 2009\n(Law 6 of 2009)\nA LAW  TO REFORM THE LAW RELATING TO RESIDENTIAL TENANCIES; TO DEFINE\nTHE RIGHTS AND OBLIGATIONS OF LANDLORDS AND TENANTS OF RESIDENTIAL\nPREMISES; TO PROVIDE FOR A COMMISSIONER TO MEDIATE DISPUTES ARISING\nBETWEEN LANDLORDS AND TENANTS; TO REPEAL THE LANDLORD AND\nTENANTS LAW (1998 REVISION); AND FOR INCIDENTAL AND CONNECTED\nPURPOSES\nENACTED by the Legislature of the Cayman Islands.\nPART I - PRELIMINARY\n1.\nShort title and commencement\n1.\n(1) This Law may be cited as the Residential Tenancies Law, 2009.\n(2) This Law shall come into force on such date as may be appointed by order made\nby the Governor in Cabinet and different dates may be appointed for different\nprovisions of this Law and in relation to different cases.\n2.\nInterpretation\n2.\n(1) In this Law \u2014\n\u201cagent\u201d in relation to any person who is a landlord or a tenant, means an agent\nof that person in that person\u2019s capacity as landlord or tenant; and includes an\nemployee of that person in that person\u2019s capacity as landlord or tenant;\n\nSection 2\nResidential Tenancies Law, 2009\n\nPage 8\nLaw 6 of 2009\nc\n\n\u201capplication\u201d, in relation to a Residential Tenancies Commissioner,\nincludes \u2014\n(a)\nan application made jointly by the landlord and the tenant of any premises;\n(b) any complaint by the landlord against the tenant or by the tenant against\nthe landlord;\n(c)\nany claim by the landlord against the tenant or by the tenant against the\nlandlord; and\n(d) any other application that may be made to the Commissioner,\nby virtue of any of the provisions of this Law or of any regulations made under\nthis Law;\nClass \u201cA\u201d Bank means a bank which is licensed under the Banks and Trust\nCompanies Law (2007 Revision) to carry out banking business within and\noutside of the Islands;\n\u201ccommercial premises\u201d means premises that are not residential premises;\n\u201cCommissioner\u201d means a Residential Tenancies Commissioner appointed\nunder section 9;\n\u201ccourt\u201d means a court of competent jurisdiction;\n\u201cfacilities\u201d in relation to a tenancy agreement, includes all facilities provided by\nthe landlord for the use and enjoyment of the tenant, otherwise than as part of\nthe premises that are the subject of the agreement, such as the following \u2014\n(a)\nany land or buildings intended for use for storage space or for the parking\nof motor vehicles;\n(b) laundry facilities;\n(c)\nlifts and stairways;\n(d) rubbish storage and rubbish disposal facilities;\n(e)\nappliances for heating or cooling premises;\n(f)\ncommunication facilities;\n(g) recreational areas; and\n(h) lawns, gardens, and outhouses;\n\u201cfixed-term tenancy\u201d means a tenancy for a fixed term but does not include\nsuch a tenancy that is terminable by notice;\n\u201cfixtures\u201d means all appurtenances, furniture, furnishings, equipment, services\nand facilities supplied or to be supplied by a landlord to a tenant under a tenancy\nagreement;\n\u201cland\u201d includes land covered with water, all things growing on land and\nbuildings and other things permanently affixed to land;\n\u201clandlord\u201d means a person who grants to a person the exclusive right of tenancy\nof residential premises and includes \u2014\n\nResidential Tenancies Law, 2009\nSection 2\n\nc\nLaw 6 of 2009\nPage 9\n\n(a)\nan agent or a personal or legal representative of, or any other person acting\non behalf of, a landlord;\n(b) a person to whom a landlord assigns a tenancy agreement;\n(c)\na trustee in bankruptcy, liquidator, receiver or committee appointed by any\ncourt or by law in respect of the property of a landlord;\n(d) the purchaser at a judicial sale of the residential premises of a landlord;\n(e)\na chargee of the residential premises of a landlord who acquires title\nthereto by foreclosure or pursuant to a judicial sale thereof, or who enters\ninto possession of the residential premises, and the assignees of such\nchargee; and\n(f)\nany person who becomes the owner of property on which residential\npremises are situated, or that consists of residential premises, with respect\nto which at the time the person becomes the owner there are subsisting\ntenancy agreements;\n\u201cLand Register\u201d means the Land Register compiled under Division 2 of Part II\nof the Registered Land Law (2004 Revision);\n\u201cmember of the landlord\u2019s family\u201d means any of the following \u2014\n(a)\nthe landlord\u2019s spouse;\n(b) any child of the landlord or of the landlord\u2019s spouse;\n(c)\nany other child who is being, or is to be, cared for on a continuous basis\nby the landlord, by the landlord\u2019s spouse or by any person specified in\nparagraph (b);\n(d) any parent of the landlord and of the landlord\u2019s spouse;\n(e)\nany other person who is related (whether by blood or marriage) to the\nlandlord or to any person referred to in paragraph (a) or paragraph (b) and\nis residing, or is to reside, in the landlord\u2019s premises in accordance with an\narrangement between that person and the landlord of a predominantly\ndomestic or family nature rather than a predominantly commercial nature;\n\u201cperiodic tenancy\u201d means a tenancy from year to year, half year to half year,\nquarter to quarter, month to month, week to week or the like;\n\u201cpersonal representative\u201d means executor of the will or administrator of the\nestate;\n\u201cpremises\u201d include \u2014\n(a)\nany part of any premises;\n(b) any land and appurtenances, other than facilities; and\n(c)\nany mobile home, caravan, or other means of shelter placed or erected\nupon any land and intended for occupation on that land;\n\nSection 2\nResidential Tenancies Law, 2009\n\nPage 10\nLaw 6 of 2009\nc\n\n\u201cprescribed\u201d means prescribed by this Law or by regulations made under\nthis Law;\n\u201cprospective tenant\u201d means a person to whom any other person has offered to\ngrant a tenancy, or with whom any other person has entered into negotiations\nfor the granting of a tenancy to that person;\n\u201cpublic general holiday\u201d has the meaning assigned by the Public Holidays Law\n(2007 Revision);\n\u201cregister\u201d means the leaf of the Land Register kept in respect of a parcel of land\nor of a registered lease;\n\u201cRegistrar\u201d means the Registrar of Lands appointed under section 5 of the\nRegistered Land Law (2004 Revision);\n\u201crent\u201d means any money, goods, services, or other valuable consideration in the\nnature of rent to be paid or supplied under a tenancy agreement by the tenant;\nbut does not include any sum of money payable or paid by way of bond;\n\u201cresidential premises\u201d means any premises used or intended for occupation by\nany person as a place of residence;\n\u201csecurity deposit\u201d means a deposit paid by a tenant to the landlord or the\nlandlord\u2019s agent to be held by the landlord or his agent for all or a part of the\nterm of the tenancy agreement to secure performance of any obligation of the\ntenant under the tenancy agreement but which is refundable to the tenant on\ncondition of delivery of the premises by the tenant in a condition as required\nunder the tenancy agreement or in accordance with this Law;\n\u201cservice tenancy\u201d means a tenancy granted pursuant to a term of, or otherwise\nas an incident of, a contract of service between the landlord as employer and the\ntenant as employee whether or not a separate tenancy agreement is concluded in\nwriting between the parties, and whether or not any rent is payable for the\ntenancy; and includes \u2014\n(a)\nany such tenancy granted pursuant to or in accordance with any enactment;\nand\n(b) any such tenancy granted by one company to an employee of an associated\ncompany (within the meaning of subsection (2));\n\u201cspouse\u201d, in relation to a person, means a legal resident who is \u2014\n(a)\nthe legal husband or wife of that person; or\n(b) a person of the opposite sex who, although not legally married to that\nperson, lives with that person in the same household under the same\ndomestic arrangements as a legal husband or wife and has been so living\nwith that person for a continuous period of five years,\nbut where a person is judicially or otherwise separated from a legal spouse he\nshall not be considered to have any other spouse except that legal spouse;\n\nResidential Tenancies Law, 2009\nSection 3\n\nc\nLaw 6 of 2009\nPage 11\n\n\u201ctenancy\u201d, in relation to any residential premises, means the right to occupy the\npremises in consideration for rent; and includes any tenancy of residential\npremises implied or created by any enactment and, where appropriate, also\nincludes a former tenancy;\n\u201ctenancy agreement\u201d, in relation to any residential premises, means any\nexpress written agreement under which any person, for rent, grants or agrees to\ngrant to any other person a tenancy of the premises; and, where appropriate,\nincludes a former tenancy agreement and any variation of a tenancy agreement;\n\u201ctenant\u201d, in relation to any residential premises that are the subject of a tenancy\nagreement, means the grantee of a tenancy of the premises under the agreement;\nand, where appropriate, includes \u2014\n(a)\na prospective tenant;\n(b) a former tenant;\n(c)\na lawful successor in title of a tenant to the premises;\n(d) the personal representative of a deceased tenant; and\n(e)\nan agent of a tenant; and\n\u201cworking day\u201d does not include Saturday, Sunday or a public general holiday\nas defined in the Public Holidays Law (2007 Revision).\n(2) For the purposes of paragraph (b) of the definition of the term \u201cservice tenancy\u201d\nin subsection (1), two companies are associated if one is the wholly or partly\nowned subsidiary of the other.\n(3) For the purposes of this Law \u2014\n(a)\nwhere any premises that are subject to a legal or an equitable tenancy are\nused for both commercial and residential purposes, the premises shall be\ndeemed to be residential premises unless it is proved that the premises were\nlet principally for purposes other than residential purposes; and\n(b) a tenancy at will is not a valid tenancy.\nPART II - APPLICATION OF THIS LAW\n3.\nBinding of the Crown\n3.\nThis Law binds the Crown.\n4.\nLaw to apply generally to all residential tenancies\n4.\nExcept as otherwise provided by this Part this Law applies to every tenancy for\nresidential purposes.\n5.\nExclusion of this Law in certain cases\n5.\nThis Law does not apply in the following cases \u2014\n\nSection 6\nResidential Tenancies Law, 2009\n\nPage 12\nLaw 6 of 2009\nc\n\n(a)\nwhere the premises are used for commercial purposes;\n(b) where the premises are a hotel or a motel;\n(c)\nwhere the whole or a substantial part of the tenant\u2019s income is derived from\nthe use of the premises for agricultural, pastoral, horticultural, or other\nsimilar purposes;\n(d) where the premises constitute part of any hospital, home, or other\ninstitution for the care of children, sick, disabled, or aged persons;\n(e)\nwhere the premises constitute any barracks or hostel conducted by an\nemployer for the accommodation of employees of that employer or (where\nthe employer is a company) for the accommodation of employees of any\nassociated company (within the meaning of section 2(2));\n(f)\nwhere the premises continue to be used during the tenancy, principally as\na place of residence by the landlord or by any member of the landlord\u2019s\nfamily and where the tenant does not otherwise have exclusive possession;\n(g) where the tenant is the purchaser of the premises under an agreement for\nsale with the landlord as vendor, not being an agreement that is revocable\nat will by the vendor;\n(h) where the tenancy agreement, not being in the nature of a domestic or\nfamily arrangement, expressly provides that the tenant will not occupy the\npremises personally but will sublet the premises either for commercial gain\nor to provide accommodation for any of the tenant\u2019s employees, and the\ntenancy is granted and taken genuinely for that purpose and not for the\npurpose of evading all or any of the provisions of this Law;\n(i)\nwhere the premises comprise bare land (with or without facilities) on\nwhich the tenant has the right under the tenancy agreement to place or erect\na mobile home, caravan, or other means of shelter; or\n(j)\nto a prescribed agreement or an agreement of a prescribed class.\n6.\nParties to excluded tenancies may agree that Law shall apply\n6.\nNothing in section 5 shall prevent the parties to a tenancy that would otherwise be\nexcluded from this Law by virtue of any of the provisions of that section, being a\ntenancy of any premises used or intended to be used for residential purposes, from\nagreeing in writing that all or any of the provisions of this Law shall apply in respect\nof the tenancy, either without modification or with such modifications as they may so\nagree.\n7.\nOnus of proof\n7.\nWhere, in any proceedings before a Commissioner or a court, a party contends that\nthis Law does not apply in respect of any tenancy of any residential premises, it shall\nbe for that party to establish the facts upon which it is contended that this Law does\nnot apply.\n\nResidential Tenancies Law, 2009\nSection 8\n\nc\nLaw 6 of 2009\nPage 13\n\n8.\nLaw generally to apply despite contrary provisions\n8.\n(1) Any agreement or arrangement, or any provision of any agreement or\narrangement, entered into in respect of a tenancy to which this Law applies, that\nis inconsistent with any of the provisions of this Law, or that purports to exclude,\nmodify, or restrict the operation of any such provision, shall be of no effect\nunless the inconsistency, exclusion, modification, or restriction is expressly\npermitted by this Law.\n(2) Subsection (1) shall not prevent a landlord from waiving voluntarily all or any\nof the rights and powers conferred on landlords by this Law or from voluntarily\nincurring more extensive obligations than those that are imposed on landlords\nby this Law.\n(3) Any purported waiver by a tenant of any right or power conferred upon tenants\nby this Law shall be of no effect.\nPART III - RESIDENTIAL TENANCIES COMMISSIONER AND\nMEDIATION\n9.\nAppointment of Residential Tenancies Commissioner, etc\n9.\n(1) The Governor shall appoint one or more persons as Residential Tenancies\nCommissioner to mediate in certain disputes arising under tenancy agreements.\n(2) A Commissioner shall be a public officer and shall have such qualifications as\nare necessary for the performance of his functions under this Law.\n(3) A Commissioner shall be assisted in the discharge of his duties by such persons\nas the Governor may appoint.\n(4) A Commissioner, in mediating disputes, shall have the following duties,\nfunctions, and powers \u2014\n(a)\nto offer his services to the parties to the dispute and to assist the parties in\nbringing about a settlement where an application has been made for the\nexercise of the Commissioner\u2019s jurisdiction in respect of a dispute; and\n(b) in giving such assistance, to inquire fully into any such dispute and all\nmatters affecting its merits, and to make such suggestions and\nrecommendations and do all such things as he thinks right and proper for\ninducing the parties to come to a fair and amicable settlement.\n10.\nMediation by the Commissioner\n10. (1) Where a dispute \u2014\n(a)\narises in connection with any matter under a tenancy agreement; and\n(b) cannot be resolved by the parties to the tenancy agreement,\n\nSection 11\nResidential Tenancies Law, 2009\n\nPage 14\nLaw 6 of 2009\nc\n\na party to the tenancy agreement may, in order to resolve the dispute, first make\nan application in writing to a Commissioner for mediation of the dispute.\n(2) An application under subsection (1) shall be accompanied by the prescribed fee.\n(3) As soon as practicable but no later than seven days after an application is made\nto a Commissioner, the Commissioner shall start a mediation process.\n(4) If a Commissioner considers that the tenancy dispute is not suitable for\nmediation he may give written notice to the parties to that effect.\n(5) During the mediation process each party to the tenancy dispute \u2014\n(a)\nshall conduct his own case; and\n(b) may be represented by an approved representative only if \u2014\n(i)\nthe party is a corporation; or\n(ii) the Commissioner is satisfied, and continues to be satisfied, that a\nperson should be allowed to represent the party.\n(6) A person who is not a party to the tenancy dispute may take part in the mediation\nprocess if the Commissioner is satisfied the person has a sufficient interest in\nthe resolution of the dispute; but the person does not become a party to the\ndispute.\n(7) The Commissioner may adjourn a proceeding at any stage to enable parties to\nnegotiate.\n(8) The Commissioner has no power to determine any matter in dispute, whether\nwith or without a request by the parties.\n(9) The court shall only consider a dispute if the plaintiff shows that he had first\nsought mediation and either the dispute could not be resolved by mediation or\nthe respondent refused to participate in the mediation process.\n11.\nAgreed settlements\n11. (1) Where a settlement is reached it shall be put in writing by the Commissioner\nand signed by the parties.\n(2) A signed agreement under subsection (1) shall form a part of the tenancy\nagreement.\n(3) A Commissioner shall not approve an agreement which is inconsistent with this\nLaw.\n12.\nFailure to reach settlement during mediation\n12. (1) If it appears to the Commissioner that it is unlikely that a settlement can be\nreached within a reasonable time or at all, the Commissioner shall prepare a\nreport which shall include \u2014\n(a)\nany statement of facts agreed to by the parties;\n\nResidential Tenancies Law, 2009\nSection 13\n\nc\nLaw 6 of 2009\nPage 15\n\n(b) a summary of the points, if any, settled in mediation and those still\nrequiring determination by a court; and\n(c)\nany comments that the Commissioner may wish to make on the conduct of\nthe parties so far as that may be relevant to the question of costs before a\ncourt.\n(2) The Commissioner shall provide a copy of the report to each party to the dispute\nand shall advise the parties of their right to seek determination of the matter by\nthe court.\n(3) A report of the Commissioner shall be admissible in evidence in any\nproceedings before a court.\n13.\nObligations under tenancy agreements not suspended\n13. A tenant\u2019s liability to pay the rent to which he agreed and to comply with the other\nobligations under a tenancy agreement and a landlord\u2019s obligations under a tenancy\nagreement are not suspended while a matter is being dealt with by a Commissioner\nor by the court.\nPART IV - TENANCY AGREEMENTS - Preliminary matters\n14.\nTenancy agreement to be in writing\n14. (1) Every tenancy agreement shall be in writing and signed by the landlord and the\ntenant.\n(2) The landlord shall, before the tenancy commences, provide the tenant with an\nexecuted copy of the tenancy agreement.\n(3) The cost of preparing a tenancy agreement shall be borne by the landlord.\n15.\nContents of tenancy agreement\n15. Every tenancy agreement shall include the following minimum information \u2014\n(a)\nthe full name and contact address of the landlord including any person with\nsuperior title to the landlord;\n(b) the full name and contact address (where that is different from the address\nof the premises to which the agreement relates) of the tenant;\n(c)\nthe address of the premises;\n(d) the date of the tenancy agreement;\n(e)\nthe date of commencement of the tenancy, where that is different from the\ndate of the tenancy agreement;\n(f)\nthe landlord\u2019s address for service;\n(g) the tenant\u2019s address for service;\n\nSection 16\nResidential Tenancies Law, 2009\n\nPage 16\nLaw 6 of 2009\nc\n\n(h) the amount of any security deposit (if applicable);\n(i)\nthe amount of the rent payable;\n(j)\nthe period of notice required to vacate premises;\n(k) the frequency of the rent payments;\n(l)\nthe place or bank account number where the rent is to be paid;\n(m) a statement, (if applicable) that the tenant shall pay any fee or other charge\nfor services rendered by any attorney-at-law or real estate agent relating to\nan assignment of the tenancy;\n(n) a list of any fixtures, if any, provided by the landlord;\n(o) a statement as to which party is responsible for the payment of utilities and\nany other assessments arising under the tenancy agreement;\n(p) an option to renew and vary (if accepted); and\n(q) if the tenancy is a fixed-term tenancy, the date on which the tenancy will\nterminate.\n16.\nInspection sheets\n16. (1) At the time that a tenancy agreement is entered into, the landlord shall complete\nand provide to the tenant two signed copies of an inspection sheet in the\nprescribed form which \u2014\n(a)\nprovides for the premises to be identified;\n(b) provides comprehensive details of fixtures and other contents of the\npremises;\n(c)\nprovides for the condition of the premises and the fixtures and other\ncontents of the premises to be described by both the landlord and the\ntenant, both at the time of commencement and termination of the\nagreement;\n(d) provides for the signature of the parties of the agreement both at the time\nof commencement and termination of the agreement; and\n(e)\nadvises the tenant that if a dispute arises about the condition of the\npremises the tenant may contact a Commissioner about the matter.\n(2) The landlord and tenant shall use the form as a comparison check when the\ntenant vacates the premises.\n17.\nVariations and renewals of tenancy agreements\n17. (1) Every variation of a tenancy agreement, and every renewal of a tenancy\nagreement, shall be in writing and signed by the landlord or his agent and the\ntenant.\n\nResidential Tenancies Law, 2009\nSection 18\n\nc\nLaw 6 of 2009\nPage 17\n\n(2) The landlord, at least sixty days before the date on which the variation or\nrenewal of the tenancy is to take effect, shall provide the tenant with a copy of\nthe variation or renewal.\n18.\nChange of name or address\n18. Where the name and contact address, or address for service, of any person has been\nprovided to the other party to the tenancy in accordance with this Law and that name\nor address subsequently changes (otherwise than in circumstances to which section 43\napplies), the person shall, within ten working days thereafter, cause notice of the new\nparticulars to be given to the other party to the tenancy.\n19.\nDuration of tenancy\n19. (1) Where the period of a tenancy is expressed as commencing on a particular day,\nthat day is included in computing that period.\n(2) Where no day of commencement is named, the period commences on the date\nof execution of the tenancy agreement, and that day is included in computing\nthat period.\n(3) Where the period is a year or a number of years, in the absence of an express\nagreement to the contrary, the tenancy agreement shall last during the whole\nanniversary of the day on which such period commences.\nSecurity deposits and rent\n20.\nSecurity deposit\n20. (1) A landlord shall not give a tenant notice to vacate residential premises or refuse\nto renew a tenancy agreement for the sole purpose of increasing the security\ndeposit for those premises.\n(2) The landlord shall give to the tenant upon receiving a deposit from the tenant a\nwritten receipt setting out, among other things \u2014\n(a)\nthe amount and nature of the payment;\n(b) the date of the payment;\n(c)\nthe name of the person who made the payment; and\n(d) the address of the premises to which payment relates.\n(3) The landlord shall, where the deposit is paid in cash, give a receipt to the tenant\nimmediately or within seventy-two hours after payment in any other case.\n21.\nSecurity deposits to be held in trust\n21. Subject to this Law, every security deposit paid to the landlord with respect to\nresidential premises shall be held by the landlord in trust for the tenant who paid the\ndeposit.\n\nSection 22\nResidential Tenancies Law, 2009\n\nPage 18\nLaw 6 of 2009\nc\n\n22.\nInvestment of security deposits\n22. (1) A landlord shall invest a tenant\u2019s security deposit in an interest-bearing account\nat a Class \u201cA\u201d Bank in the Islands.\n(2) The landlord shall, within fourteen days of receipt of the security deposit, notify\nthe tenant in writing of the location of the account and the rate of interest on the\naccount.\n(3) Subsequent to providing a notice under subsection (2) if the landlord changes\nthe manner and the location in which he is holding the security deposit he shall\nnotify the tenant within thirty days of such change.\n(4) A landlord who fails to notify a tenant in accordance with this section commits\nan offence and is liable on summary conviction to a fine of two thousand dollars.\n(5) Notwithstanding the provisions of this section, a landlord and a tenant may\nunder the tenancy agreement stipulate that a deposit will not be subject to any\ninterest.\n23.\nInterest on security deposits\n23. Subject to section 22(5), a landlord shall, at the termination of the tenancy agreement,\npay to the tenant interest on the security deposit at the applicable market rate\ncalculated from the date on which the landlord receives the full amount of the security\ndeposit.\n24.\nSecurity deposits not attachable, etc.\n24. (1) A security deposit held by a landlord for a tenant is not attachable under any\ngarnishee proceedings, injunction, freezing order or receiving order, or exigible\nunder a writ of execution.\n(2) A landlord shall not assert a claim against a tenant or the security deposit \u2014\n(a)\nfor damage to the premises or any defective conditions that pre-existed the\ntenancy;\n(b) for ordinary wear and tear to the premises or the effects thereof whether\nthe wear and tear pre-existed the tenancy or occurred during the\ntenancy; or\n(c)\nfor the cumulative effects of ordinary wear and tear to the premises\noccurring during one or more tenancies.\n(3) At the termination of the tenancy agreement the landlord and the tenant shall\ninspect the premises using the inspection sheet and the landlord shall compile a\ncomprehensive and detailed list of any damage to the premises which forms the\nbasis for any charge against the security deposit and the estimated dollar cost of\nrepairing such damage; and the tenant shall have the right to ascertain the\naccuracy of the list.\n\nResidential Tenancies Law, 2009\nSection 25\n\nc\nLaw 6 of 2009\nPage 19\n\n(4) The landlord and the tenant shall sign the list and the signatures shall be\nconclusive evidence of the accuracy of such list and, if the tenant refuses to sign\nthe list, he shall specify in writing the items on the list to which he dissents and\nshall sign such statement of dissent.\n(5) A landlord shall not be entitled to retain any portion of a security deposit if the\nsecurity deposit was not deposited in an account as required by section 22 and\nif he fails to provide the tenant with a damage list.\n(6) A tenant who disputes the accuracy of the final damage list given pursuant to\nsubsection (3) may apply to the Commissioner for mediation.\n(7) A tenant\u2019s claim shall be limited to those items from which the tenant\nspecifically dissented in accordance with the provisions of subsection (4); and\nif the tenant fails to sign the list or to specify his dissent, he shall not be entitled\nto recover any part of his deposit under this section.\n25.\nReturn of security deposit\n25. (1) Within fourteen days, excluding Saturdays, Sundays and public general\nholidays, after the termination of a tenancy agreement, the landlord shall, unless\nthe tenant agrees in writing at the termination of the tenancy that the landlord is\nentitled to retain all or a portion of the security deposit \u2014\n(a)\npay to the tenant the security deposit and any accrued interest, if\napplicable; or\n(b) where the landlord intends to retain all or a portion of the security\ndeposit \u2014\n(i)\nnotify the tenant in writing that he intends to impose a claim on the\ndeposit and state the reason why he intends to impose a claim; and\n(ii) pay to the tenant the portion of the security deposit that the landlord\ndoes not intend to retain and any accrued interest, if applicable.\n(2) If the tenant disputes the retention of the deposit or any portion thereof, the\nlandlord, within sixty days after the termination of the tenancy agreement, may\napply to a Commissioner for a settlement of the dispute.\n(3) Where the landlord applies to a Commissioner he shall \u2014\n(a)\nprovide the Commissioner with the details respecting the claim as required\nby the Commissioner;\n(b) provide the Commissioner with the tenant\u2019s address or evidence of the\nlandlord\u2019s attempts to obtain the tenant\u2019s address; and\n(c)\npay the prescribed fee.\n(4) A tenant who disputes the retention of the deposit or any part of the deposit by\nthe landlord may apply, within sixty days of the termination of the tenancy to a\nCommissioner for a settlement of the dispute and shall pay the prescribed fee\n\nSection 26\nResidential Tenancies Law, 2009\n\nPage 20\nLaw 6 of 2009\nc\n\nand provide the Commissioner with such information as the Commissioner may\nrequire.\n(5) Where a Commissioner receives an application, information and fee under this\nsection he shall deal with the application in accordance with section 10.\n(6) Where a tenant leaves and does not pay the last rent he is due to pay the landlord\nmay, after fourteen days, remove the deposit from the account and apply the\ndeposit to the outstanding rent.\n(7) Where a tenant quits the premises not owing rent and is owed a refund of the\nfull deposit or a part thereof and where no action has been taken under this\nsection, the landlord shall send a notice by registered post to the tenant at his\nlast known address advising him of the amount of security deposit due to him\nand that the deposit should be collected by the tenant no later than thirty days\nafter the date of the notice.\n(8) The landlord shall send a copy of the notice under subsection (7) to the\nCommissioner; and where the landlord does not receive a response from the\ntenant within thirty days of the date of the notice, he shall so advise the\nCommissioner and the landlord shall remove the deposit and pay it into the\noffice of the Commissioner.\n(9) Where a deposit is sent to the Commissioner under subsection (7) the\nCommissioner shall send a notice by registered post to the tenant at his last\nknown address advising him that the deposit is being held by him and that it\nshould be collected by the tenant no later than one hundred and eighty days after\nthe date of the notice.\n(10) Where the Commissioner does not receive a response from the tenant within the\ntime stated in subsection (9) he shall pay such deposit to the landlord who shall\nretain it free from any claim of the tenant or any person claiming it on his behalf.\n26.\nRent increases\n26. (1) The rent payable in respect of any tenancy may be increased by the landlord\nprovided all of the following conditions are complied with \u2014\n(a)\nthe landlord shall give the tenant notice in writing of the increase;\n(b) that notice shall specify the amount of the increased rent and the day upon\nwhich the increased rent shall become payable;\n(c)\nthe day upon which the increased rent shall become payable shall be not\nless than sixty days after the date on which that notice is given;\n(d) the rent shall not be increased within one year after the date on which the\nlast increase took effect;\n(e)\nin the case of a tenancy which is not subject to annual rent adjustment, the\nrent shall not be increased within one year after the date of the\ncommencement of the tenancy;\n\nResidential Tenancies Law, 2009\nSection 27\n\nc\nLaw 6 of 2009\nPage 21\n\n(f)\nin the case of a tenancy which is subject to annual rent adjustment, no rent\nincrease shall take effect \u2014\n(i)\nless than sixty days after the notice required by paragraph (a) is\ngiven; and\n(ii) other than on the specified date in any year or with effect on the next\nday on which any rent is to be paid within twenty-eight days after the\nspecified date in any year; and\n(g) a landlord under a fixed-term tenancy shall not increase the rent otherwise\nthan as permitted by the agreement.\n(2) For the purposes of subsection (1), a tenancy is subject to annual rent adjustment\nwhere \u2014\n(a)\nit is the landlord\u2019s practice, the proof of which shall lie on the landlord \u2014\n(i)\nto review the rent annually; and\n(ii) to adjust the rent on a specified day in each year; and\n(b) provision to that effect is included in the tenancy agreement or the tenant\nis otherwise informed of the practice in writing before the commencement\nof the tenancy.\n(3) A notice of an increase in rent lawfully given under this section shall, unless it\nis withdrawn by the landlord, have the effect of varying the tenancy agreement\nin accordance with the terms of the notice.\n(4) Where a landlord has given a notice to increase the rent and subsequently\nrealises that, because of \u2014\n(a)\nsome error in calculating the day on which the increased rent is to become\npayable or in the manner in which that day is expressed in the notice; or\n(b) some delay in serving the notice,\nthe day fixed in the notice for the increased rent to become payable is in\ncontravention of subsection (1), the landlord shall give to the tenant a further\nnotice varying the original notice so as to bring the terms of the original notice\ninto accord with the provisions of that subsection.\n(5) Every notice given under subsection (4) shall be in writing, specifying the\namount of the increased rent and the day upon which the increased rent shall\nbecome payable.\n27.\nReceipts for rent\n27. (1) Subject to subsection (3), every landlord who receives rent payable under or in\nrespect of any tenancy agreement shall give or cause to be given to the person\npaying the rent a written receipt bearing \u2014\n(a)\nthe name of the tenant;\n\nSection 28\nResidential Tenancies Law, 2009\n\nPage 22\nLaw 6 of 2009\nc\n\n(b) the address of the premises or an appropriate code or reference to identify\nthe premises to which the payment relates;\n(c)\nthe amount and nature of the payment;\n(d) the date of the payment; and\n(e)\nthe period of the tenancy to which the payment relates.\n(2) The receipt shall be given to the person paying the rent \u2014\n(a)\nforthwith, where payment is made in cash; or\n(b) within seventy- two hours after payment, in any other case.\n(3) Nothing in subsection (1) or (2) shall apply \u2014\n(a)\nto any rent paid out of a bank account in the name of the tenant by\nautomatic payment through the bank or by way of a non-negotiable\npersonal cheque or other similar non-negotiable instrument drawn on that\naccount; or\n(b) to any rent paid by the tenant into any account nominated by the landlord\nand operated by the landlord exclusively in respect of the tenancy, or\nexclusively in respect of the tenancy and any other tenancies of the\nlandlord.\n(4) A person who fails to give a receipt or written statement in accordance with this\nsection commits an unlawful act.\n28.\nLandlord to keep records\n28. (1) Every landlord shall keep or cause to be kept proper business records\nshowing \u2014\n(a)\nall payments of rent paid by or on behalf of the tenant; and\n(b) any amount by way of security deposit paid by or on behalf of the tenant\non or after the commencement of this Law.\n(2) A landlord who fails to keep records in accordance with this section commits an\nunlawful act.\n29.\nApportionment of rent\n29. (1) The rent payable under a tenancy agreement shall accrue from day to day.\n(2) Upon termination of a tenancy, the rent shall be apportioned accordingly, and\nthe appropriate amount shall be payable or recoverable forthwith.\n30.\nAccelerated rent or damages prohibited\n30. (1) A provision in a tenancy agreement to the effect that, on breach by the tenant of\nany term of the agreement or of any of the provisions of this Law or of any other\nenactment, the tenant shall be liable to pay \u2014\n\nResidential Tenancies Law, 2009\nSection 31\n\nc\nLaw 6 of 2009\nPage 23\n\n(a)\nthe whole or any part of the rent remaining payable under the\nagreement; or\n(b) rent of an increased amount,\nshall be of no effect.\n(2) A provision in a tenancy agreement to the effect that, if the tenant does not\nbreach any term of the agreement or any of the provisions of this Law or of any\nother enactment, the rent shall or may be reduced or the tenant shall or may be\ngranted or paid a rebate, refund, or other benefit, shall be construed as entitling\nthe tenant to that reduction, rebate, refund, or other benefit in any event.\n31.\nTenant\u2019s goods not to be seized\n31. (1) A landlord shall not be entitled to seize or dispose of any of the tenant\u2019s\nchattels \u2014\n(a)\nas security for or in payment of any amount owing by way of rent; or\n(b) for any other reason arising from the tenancy.\n(2) A landlord who seizes or disposes of any chattels in contravention of\nsubsection (1) commits an unlawful act.\n(3) Nothing in this section shall limit or affect the way in which any order of the\ncourt may be enforced.\n(4) Nothing in this section applies to any of the tenant\u2019s chattels if the landlord has\nreasonable cause to believe that the premises or the chattels have been\nabandoned by the tenant.\nRights and obligations of parties\n32.\nLegal impediments to occupation\n32. (1) A landlord shall not lease any premises if he knows that the occupation of the\npremises for residential purposes is subject to a legal impediment.\n(2) A landlord who contravenes subsection (1) commits an unlawful act.\n33.\nVacant possession\n33. (1) A tenant shall have vacant possession of the premises on the date on which, in\naccordance with the tenancy agreement, the tenant is entitled to enter into\noccupation of the premises.\n(2) In this section \u201cpremises\u201d do not include facilities.\n\nSection 34\nResidential Tenancies Law, 2009\n\nPage 24\nLaw 6 of 2009\nc\n\n34.\nQuiet enjoyment of the tenant\n34. (1) A landlord or any person claiming by, through, or under the landlord or having\nsuperior title to that of the landlord shall not cause or permit any interference\nwith the reasonable peace, comfort, or privacy of the tenant in the use of the\npremises by the tenant.\n(2) A landlord shall not interfere with the supply of gas, electricity, water, telephone\nservices, or other services to the premises, except where the interference is\nnecessary to avoid danger to any person or to enable maintenance or repairs to\nbe carried out.\n(3) A landlord commits an unlawful act where \u2014\n(a)\nhe contravenes subsection (1) or (2); or\n(b) he persistently withdraws or withholds services to the premises,\nand, in either case, he knows, or has reasonable cause to believe, that that\nconduct is likely to cause the tenant to give up the occupation of the whole or\npart of the premises or to refrain from exercising any right or pursuing any\nremedy in respect of the whole or part of the premises.\n(4) A person does not commit an unlawful act under subsection (2) if he proves that\nhe had reasonable grounds for doing the acts or withdrawing or withholding the\nservices in question.\n(5) In this section \u201cpremises\u201d include facilities.\n35.\nOutgoings\n35. (1) Subject to subsections (2) and (3), all outgoings, including garbage fees, strata\nfees, and insurance premiums payable in respect of the premises shall, as\nbetween the landlord and the tenant, be payable by the landlord.\n(2) Subject to subsection (3), the following outgoings incurred during the tenancy\nshall, as between the landlord and the tenant, be payable by the tenant \u2014\n(a)\nall charges for electricity or gas supplied to the premises;\n(b) water charges in respect of the premises (including the cost of charges for\nstandard meter readings) if \u2014\n(i)\nthe premises have a separate water meter;\n(ii) the tenancy agreement stated, at the commencement of the tenancy,\nthat the tenant shall pay for any metered water provided to the\npremises; and\n(iii) the water supplier charges for water provided to the premises on the\nbasis of metered usage; and\n(c)\nall charges in respect of any telephone or television connected to the\npremises.\n\nResidential Tenancies Law, 2009\nSection 36\n\nc\nLaw 6 of 2009\nPage 25\n\n(3) Subsections (1) and (2) do not apply in respect of any outgoing which the parties\nhave agreed in writing, whether in the tenancy agreement or otherwise shall, as\nbetween the landlord and the tenant, be payable by the landlord.\n(4) In this section \u201cstandard meter readings\u201d means all meter readings other than\nmeter readings requested by the landlord.\n(5) In this section \u201cpremises\u201d include facilities that are exclusively for the use of\nthe tenant.\n36.\nTenant\u2019s responsibilities\n36. (1) The tenant shall \u2014\n(a)\npay the rent and any outgoings as agreed under the tenancy agreement as\nand when they are due and payable under the tenancy agreement;\n(b) ensure that the premises are occupied principally for residential purposes;\n(c)\nkeep the premises clean and tidy;\n(d) notify the landlord, as soon as possible after discovery, of any damage to\nthe premises, or of the need for any repairs; and\n(e)\non the termination of the tenancy \u2014\n(i)\nquit the premises;\n(ii) remove all of his possessions from the premises;\n(iii) leave the premises in a reasonably clean and reasonably tidy\ncondition, and remove or arrange for the removal from the premises\nof all rubbish;\n(iv) return to the landlord all keys and security or pass cards or other such\ndevices, provided by the landlord for the use of the tenant; and\n(v) leave in or at the premises all other chattels provided by the landlord\nfor the use of the tenant in no worse condition as they were in at the\ndate of the commencement of the tenancy, fair wear and tear\nexcepted, and to replace such articles as are lost, damaged or\ndestroyed with chattels of equal value.\n(2) A tenant shall not \u2014\n(a)\nintentionally damage, or permit any other person to damage, the premises;\n(b) use the premises, or permit the premises to be used, for any unlawful\npurpose; or\n(c)\ncause or permit any interference with the reasonable peace, comfort, or\nprivacy of any of the landlord\u2019s other tenants in the use of the premises\noccupied by those other tenants, or with the reasonable peace, comfort, or\nprivacy of any other person residing in the neighbourhood.\n\nSection 37\nResidential Tenancies Law, 2009\n\nPage 26\nLaw 6 of 2009\nc\n\n(3) Where the tenancy agreement specifies a maximum number of persons that may\nreside in the premises during the tenancy, the tenant shall not permit more than\nthat number to reside in the premises at any time during the tenancy except with\nthe prior written consent of the landlord who shall not withhold such permission\nunreasonably.\n(4) Where the tenancy agreement allows the tenant to keep a certain number or type\nof pet on the premises the tenant shall not keep more than that number or any\nother type of pet on the premises at any time during the tenancy except with the\nprior written consent of the landlord.\n(5) Where any damage to the premises is proved to have occurred during any\ntenancy to which this Law applies, it shall be for the tenant to prove that the\ndamage did not occur in circumstances constituting a breach of\nsubsection (2)(a).\n(6) A tenant who intentionally causes damage to the premises commits an offence\nand the Penal Code (2007 Revision) shall apply.\n(7) The liability to be prosecuted for an offence under subsection (6) is in addition\nto civil liability for a breach of the tenancy agreement.\n(8) In this section, unless the context otherwise requires, \u201cpremises\u201d include\nfacilities.\n37.\nTenant\u2019s responsibility for actions of others\n37. (1) A tenant shall be responsible for anything done or omitted to be done by any\nperson, other than the landlord who is in the premises with the tenant\u2019s\npermission if the act or omission would have constituted a breach of the tenancy\nagreement had it been the act or omission of the tenant.\n(2) Where any person, other than the landlord, intentionally or carelessly damages\nthe premises while the tenant is in the premises, it shall be presumed that the\ntenant permitted that person to be in the premises unless the tenant proves that\nhe took all reasonable steps to prevent that person from entering the premises\nor, as the case may require, to eject that person from the premises.\n38.\nTenant\u2019s fixtures\n38. (1) A tenant shall not affix any fixture to the premises, or make any renovation,\nalteration, or addition of or to the premises, except \u2014\n(a)\nin accordance with the tenancy agreement; or\n(b) with the prior written consent of the landlord,\nand the landlord shall not withhold or delay that consent unreasonably.\n(2) A tenant may, at any time before the expiry of the tenancy, remove any fixture\nthat he has affixed to the premises during the term of the tenancy, unless the\nremoval would cause irreparable damage to the premises.\n\nResidential Tenancies Law, 2009\nSection 39\n\nc\nLaw 6 of 2009\nPage 27\n\n(3) If, on removing such a fixture, the tenant causes any damage to the premises,\nthe tenant shall inform the landlord forthwith and, at the landlord\u2019s option, either\nrepair the damage or compensate the landlord for any reasonable expenses\nincurred by the landlord in repairing the damage.\n39.\nAssignment and subletting by tenant\n39. (1) A tenant may at any time during the tenancy assign, charge, sublet, or part with\npossession of the premises with the prior written consent of the landlord and in\naccordance with any conditions attached to that consent by the landlord; and the\nlandlord shall not withhold or delay that consent unreasonably, nor attach any\nunreasonable conditions to it.\n(2) On giving consent to any assignment, charge, subletting, or parting with\npossession of the premises by the tenant, a landlord shall be entitled to recover\nfrom the tenant any expenses reasonably incurred by the landlord in respect of\nthe transaction.\n(3) Where a tenant assigns his interest under the tenancy agreement to any other\nperson with the consent of the landlord and in accordance with any conditions\nattached to that consent by the landlord, the tenant shall, on the date on which\nthe assignment takes effect, cease to be responsible to the landlord for the\nobligations imposed on the tenant by the agreement and this Law, but without\nprejudice to any liability already incurred by the tenant to the landlord in respect\nof anything done or omitted to be done before that date.\n40.\nLandlord\u2019s responsibilities\n40. (1) A landlord shall at the commencement of the tenancy provide the tenant with\npremises which are fit for human habitation.\n(2) In determining for the purposes of this Law whether premises are fit for human\nhabitation, regard shall be had to their condition in respect of the following\nmatters \u2014\n(a)\ncleanliness;\n(b) repair;\n(c)\nfreedom from damp and mould;\n(d) natural lighting;\n(e)\nwater supply;\n(f)\nstability;\n(g) ventilation;\n(h) drainage and sanitary conveniences; and\n(i)\nfacilities for the preparation and cooking of food and for the disposal of\nwaste water,\n\nSection 40\nResidential Tenancies Law, 2009\n\nPage 28\nLaw 6 of 2009\nc\n\nand premises shall be considered unfit if they are so far defective in one or more\nof those matters that they are not reasonably suitable for occupation in that\ncondition.\n(3) A landlord, during the tenancy, shall keep in repair the structure and exterior of\nthe premises (including drains, fresh water tanks and external pipes).\n(4) A landlord, during the tenancy, shall keep in repair and working order \u2014\n(a)\nany cesspool to which the drainage of the premises is connected; and\n(b) the installations in the premises \u2014\n(i)\nfor the supply of water and electricity, for external bottled gas (if any)\nand for sanitation (including basins, sinks, baths, showers and\nsanitary conveniences but not, except as aforesaid, fixtures, fittings\nand appliances for making use of the supply of water, electricity or\ngas); and\n(ii) for heating water where such installations exists at the\ncommencement of the tenancy or where the installations are made by\nthe landlord during the tenancy without the request of the tenant.\n(5) A landlord shall, during the tenancy, comply with all requirements in respect of\nthe structure of buildings, health, and safety under any enactment so far as they\napply to the premises.\n(6) Where \u2014\n(a)\npremises are in a state of disrepair that does not arise from a contravention\nof the tenancy agreement by the tenant;\n(b) the state of disrepair is, unless remedied, likely to result in personal injury\nor damage to property or undue inconvenience;\n(c)\nthe tenant notifies the landlord of the state of disrepair or makes a\nreasonable attempt to do so and the landlord fails to make the necessary\nrepairs;\n(d) the tenant incurs costs in having the state of disrepair remedied; and\n(e)\nthe repairs are carried out by a person who is licensed to carry out the\nnecessary work and the tenant provides the landlord with a report on the\nwork carried out and the apparent cause of the state of disrepair,\nthe tenant is entitled to recover from the landlord the reasonable costs of having\nthe repairs carried out.\n(7) Where the landlord fails to compensate the tenant within one month after the\ntenant has incurred expenses specified in subsection (6), the tenant may deduct\nthe expenses from the next due rent or rents as the case may be; except that in\nthe case of a periodic tenancy for a period of one month or less, he shall not\ndeduct more than one-third of the rent due for any period.\n\nResidential Tenancies Law, 2009\nSection 41\n\nc\nLaw 6 of 2009\nPage 29\n\n(8) A notice under subsection (6) shall be considered to have been received in the\nordinary course of the mail within three days of its being posted.\n(9) The provisions of subsections (1) to (6) shall apply notwithstanding that the\ntenant has notice of the state of the premises at the time at which the tenancy\nagreement is entered into.\n(10) Any obligation by a tenant for the repair of premises (including any obligation\nto put in repair or deliver up in repair or to pay money in lieu of repairs by the\ntenant or on account of repairs by the landlord) shall be of no effect so far as it\nrelates to the matters mentioned in subsections (1) to (6).\n(11) In determining the standard of repair required by this section regard shall be had\nto the age, character and prospective life of the premises and the locality in\nwhich it is situated.\n(12) The obligations implied by this section shall not be construed as \u2014\n(a)\nimposing upon the landlord any obligation to repair any damage, or\ncompensate the tenant for any want of repair, arising out of any breach by\nthe tenant of any obligation imposed on tenants by this Law; or\n(b) requiring the landlord to rebuild or reinstate the premises in the case of\ndestruction or damage by fire, tempest, flood or other inevitable accident.\n41.\nLandlord\u2019s right of entry\n41. (1) A landlord shall not enter the premises of his tenant except \u2014\n(a)\nwith the prior consent of the tenant given at, or immediately before, the\ntime of entry; or\n(b) in any of the circumstances described in subsection (2) or subsection (3).\n(2) A landlord may enter the premises \u2014\n(a)\nin any case of emergency;\n(b) for the purpose of inspecting the premises, at any time between 8 o\u2019clock\nin the morning and 7 o\u2019clock in the evening on a day specified in a notice\ngiven to the tenant not less than forty-eight hours nor more than fourteen\ndays before the intended entry, and not more frequently than once in any\nperiod of eight weeks;\n(c)\nfor the purpose of determining whether or not \u2014\n(i)\nthe tenant has, within the period allowed by the landlord, completed\nsatisfactorily any work required by the landlord to be done by the\ntenant to remedy any breach by the tenant of any of the provisions of\nthe tenancy agreement or of this Law; or\n(ii) the tenant has, within the agreed period, completed satisfactorily any\nwork agreed to be done by the tenant,\n\nSection 42\nResidential Tenancies Law, 2009\n\nPage 30\nLaw 6 of 2009\nc\n\nat any time between 8 o\u2019clock in the morning and 7 o\u2019clock in the evening on\nany day (after the expiry of the period allowed for the work) specified in a notice\ngiven to the tenant not less than forty-eight hours nor more than fourteen days\nbefore the intended entry;\n(d) for the purpose of carrying out necessary repairs to or necessary\nmaintenance of, the premises, at any time between 8 o\u2019clock in the\nmorning and 7 o\u2019clock in the evening of any day, after giving to the tenant\nnotice of the intended entry and the reason for it at least twenty-four hours\nbefore the intended entry; or\n(e)\npursuant to an order of the court.\n(3) For the purpose of showing the premises to prospective tenants or to prospective\npurchasers, or to a valuer engaged in the preparation of a report, the landlord\nmay, with the prior consent of the tenant (which shall not be unreasonably\nwithheld or delayed) and subject to such reasonable conditions as the tenant may\nattach to that consent, enter the premises at any reasonable time.\n(4) The following are each unlawful acts \u2014\n(a)\nentry upon the premises by the landlord other than as permitted by or under\nany of subsections (1) to (3); and\n(b) refusal by the tenant, without reasonable excuse, to allow the landlord to\nenter upon the premises in any circumstances in which the landlord is\nentitled to enter under subsection (2) or subsection (3).\n(5) Notwithstanding anything in subsection (2), (3) or (4), the landlord shall not use\nforce or the threat of force to enter or attempt to enter the premises while the\ntenant, or any other person with the permission of the tenant, is in the premises.\n(6) A landlord who breaches subsection (5) commits an offence in accordance with\nsection 68.\n(7) In this section \u201cpremises\u201d do not include facilities.\n42.\nLandlord to give notice to tenant of intention to sell\n42. (1) If, at any time after entering into a tenancy agreement, a landlord puts the\npremises on the market for the purposes of sale or other disposition, the landlord\nshall forthwith give written notice of that fact to the tenant.\n(2) When a landlord is offering residential premises as available for letting, the\nlandlord shall inform prospective tenants if the premises are on the market for\nthe purposes of sale or other disposition.\n43.\nDisposition of landlord\u2019s interest\n43. (1) Where a landlord disposes of his interest in the premises to any other person, in\nthis section referred to as \u201cthe purchaser\u201d, the following provisions shall\napply \u2014\n\nResidential Tenancies Law, 2009\nSection 44\n\nc\nLaw 6 of 2009\nPage 31\n\n(a)\nthe landlord or the purchaser shall within ten working days\u2019 of the\ndisposition, give to the tenant written notice of the disposition, including\nthe name and contact address of the purchaser so far as those particulars\nare known to the landlord;\n(b) until that notice is received by the tenant, the tenant shall not be obliged to\npay any rent to the purchaser, and shall not be liable to the purchaser in\nany proceedings in respect of any sum paid to the landlord on account of\nrent;\n(c)\nfrom and after the date on which the tenant receives that notice, or such\nlater date as may be specified in the notice, the tenant shall pay to the\npurchaser all sums due and payable by way of rent in respect of any period\ncommencing after that date; and\n(d) subject to any lawful claim made to the court before the date of settlement,\nthe landlord\u2019s interest in any security deposit paid by the tenant shall pass\nto the purchaser on the date of settlement or the date of possession,\nwhichever is earlier.\n(2) Nothing in subsection (1)(a) shall absolve the landlord from the obligation\nimposed on the purchaser by section 18.\n44.\nMitigation of damage or loss\n44. Where any party to a tenancy agreement breaches any of the provisions of the\nagreement or of this Law, the other party shall take all reasonable steps to limit the\ndamage or loss arising from that breach, in accordance with the rules of law relating\nto mitigation of loss or damage upon breach of contract.\nPART V - TERMINATION OF TENANCIES\n45.\nScope of this Part\n45. (1) Nothing in this Part affects \u2014\n(a)\nthe law of disclaimer in its application to cases of bankruptcy, liquidation\nand rights of infants;\n(b) the law of merger;\n(c)\nsurrender by operation of law or act of parties;\n(d) the right of any person to bring an action for the recovery of rent or for the\nrecovery of possession of land from persons wrongfully in possession of\nland; or\n(e)\nthe termination of a tenancy agreement which the tenant has acknowledged\nin writing is to terminate in the event of the tenant ceasing to be employed\nby the landlord.\n\nSection 46\nResidential Tenancies Law, 2009\n\nPage 32\nLaw 6 of 2009\nc\n\n46.\nProvisions to the contrary to be void\n46. Subject to this Part, a tenancy agreement shall only be terminated in accordance with\nthis Part and any stipulation to the contrary in any tenancy agreement shall have no\nforce or effect.\n47.\nTermination under the provisions of the tenancy agreement\n47. (1) A fixed-term tenancy agreement terminates without notice when that term\nexpires or when forfeited in accordance with this Law.\n(2) Subject to subsection (3), a tenancy agreement which is terminable on notice by\neither party terminates on the expiration of notice duly given.\n(3) Subject to section 45, any reference in a tenancy agreement to a right to give\nnotice to terminate the tenancy in the event of \u2014\n(a)\na breach of obligation by the tenant; or\n(b) the bankruptcy or liquidation of the tenant;\nshall be construed as including a reference to a right to make application to the\ncourt under this Law.\n48.\nSurrender of tenancy\n48. (1) Where the landlord and the tenant agree that the tenancy shall be surrendered, it\nshall be surrendered in the following manner \u2014\n(a)\nan instrument shall be prepared in the prescribed form, or else the word\n\u201csurrendered\u201d shall be inscribed on the tenancy agreement or on the\nduplicate or triplicate thereof; and\n(b) the instrument or inscription shall then be executed by the landlord and\ntenant,\nand thereupon, or upon such earlier date as is expressed in the instrument or\ninscription, the interest of the tenant shall cease.\n(2) A tenancy agreement which is subject to a charge or sub-tenancy shall not be\nsurrendered without the consent in writing of the proprietor of the charge or subtenancy.\n49.\nNotice of termination to be in writing\n49. (1) Notice to terminate a tenancy shall be in writing and shall be in the form set out\nin Part I of the Schedule.\n(2) Subject to any agreement in writing providing for a different manner of service,\na notice to terminate a tenancy shall be served in the manner prescribed by Part\nII of the Schedule.\n\nResidential Tenancies Law, 2009\nSection 50\n\nc\nLaw 6 of 2009\nPage 33\n\n50.\nTermination by notice\n50. Subject to any agreement in writing providing for a different period of notice and to\nthe provisions of this Part \u2014\n(a)\na tenancy from year to year shall be terminated by not less than three\nmonths\u2019 previous notice given at any time after the end of the first year of\nthe tenancy;\n(b) a tenancy for successive rental periods of more than a month and less than\na year shall be terminated by notice not shorter than the rental period given\nat any time after the end of the first rental period; and\n(c)\na tenancy for successive rental periods of a month or less shall be\nterminated at the end of a rental period by not less than one month\u2019s\nprevious notice.\n51.\nForfeiture of fixed term tenancy agreement\n51. (1) A fixed-term tenancy agreement may contain a provision for forfeiture upon the\noccurrence of one or more of the following events \u2014\n(a)\nthe tenant fails to pay the rent within fourteen days after service of a written\ndemand in the prescribed form;\n(b) the tenant fails to remedy a breach of any of the covenants implied by\nsection 36 within twenty-eight days after service of a forfeiture notice in\naccordance with section 52;\n(c)\nthe expiry or revocation of the tenant\u2019s work permit;\n(d) the tenant is adjudicated bankrupt or, being a company, goes into\nliquidation;\n(e)\nthe landlord fails to take reasonable steps to comply with his repairing\nobligations within twenty-eight days after service of a notice by the tenant\nunder section 36(1)(d); or\n(f)\nthe landlord fails to remedy a breach of any of the obligations implied\nunder this Law within twenty-eight days after service of a forfeiture notice\nin accordance with section 54.\n(2) The right of forfeiture may be \u2014\n(a)\nexercised, where neither the tenant or any person claiming through or\nunder him is in occupation of the land, by entering upon and remaining in\npossession of the land; or\n(b) enforced by action in the court.\n(3) Subject to subsection (4), the right of forfeiture shall be taken to have been\nwaived if \u2014\n(a)\nthe landlord accepts rent which has become due since the breach of\nagreement or condition which entitled the landlord to forfeit the tenancy\n\nSection 52\nResidential Tenancies Law, 2009\n\nPage 34\nLaw 6 of 2009\nc\n\nagreement or has by any other positive act shown an intention to treat the\ntenancy agreement as subsisting; and\n(b) the landlord is or should by reasonable diligence have become aware of\nthe commission of the breach.\n(4) The acceptance of rent after the landlord has commenced an action in the court\nunder subsection (2) shall not operate as a waiver.\n(5) The forfeiture of a tenancy agreement shall terminate every subtenancy (and\nevery other interest appearing in the register relating to that tenancy if the\ntenancy has been registered), but \u2014\n(a)\nwhere the forfeiture is set aside by the court on the grounds that it was\nprocured by the landlord in fraud of the subtenant; or\n(b) where the court grants relief against the forfeiture under section 53, every\nsuch subtenancy and other interest shall be deemed not to have terminated.\n52.\nNotice before forfeiture\n52. Notwithstanding anything to the contrary contained in a tenancy agreement, no\nlandlord shall be entitled to exercise the right of forfeiture for the breach of any\nagreement or condition in the tenancy agreement whether expressed or implied, until\nthe landlord has served on the tenant a notice \u2014\n(a)\nspecifying the particular breach complained of;\n(b) if the breach is capable of remedy, requiring the tenant to remedy the\nbreach within such reasonable period as is specified in the notice; and\n(c)\nin any case other than non-payment of rent, requiring the tenant to make\ncompensation in money for the breach; and\n(i)\nthe tenant has failed to remedy the breach within a reasonable time\nthereafter if it is capable of remedy and to make reasonable\ncompensation in money; and\n(ii) the matter was referred for mediation by a Commissioner and no\nagreement was reached.\n53.\nRelief against forfeiture\n53. (1) A tenant upon whom a notice has been served under section 52, or against whom\nthe landlord is proceeding, by action or re-entry, to enforce his right of\nforfeiture, may apply to the court for relief; and the court may grant or refuse\nrelief, as the court, having regard to the proceedings and the conduct of the\nparties and the circumstances of the case, thinks fit, and, if it grants relief, may\ngrant it on such terms as it thinks fit.\n(2) Subject to subsection 3, the court on application by any person claiming as\nsubtenant or chargee of any interest in the property or part of the property\ncomprised in the tenancy agreement forfeited or sought to be forfeited, may\n\nResidential Tenancies Law, 2009\nSection 54\n\nc\nLaw 6 of 2009\nPage 35\n\nmake an order vesting the property or such part in such subtenant or chargee for\nthe whole period of the lease or any less period, upon such conditions as the\ncourt in the circumstances of the case thinks fit.\n(3) Nothing in subsection (2) shall apply in the case of a forfeiture arising from a\nbreach to which the subtenant is a party or from the breach of an express\nagreement or condition against subletting, parting with the possession of or\ndisposing of the property leased.\n(4) For the purpose of this section a tenancy agreement limited to continue as long\nonly as the tenant abstains from committing a breach of the tenancy agreement\nor condition shall be and take effect as a tenancy agreement to continue for any\nlonger term for which it could subsist, but terminable by a provision for re-entry\non such breach.\n(5) This section shall have effect notwithstanding any stipulation or agreement to\nthe contrary and whether the tenancy agreement is registered or not.\n54.\nNotice of termination by tenant on ground of breach of the tenancy\nagreement\n54. (1) If the landlord breaches a fixed term tenancy agreement, the tenant may give the\nlandlord a written notice \u2014\n(a)\nspecifying the breach; and\n(b) informing the landlord that if the breach is not remedied within a specified\nperiod (which must be a period of at least twenty-eight days from the date\nthe notice is given) the tenancy is terminated by force of the notice from a\ndate that is also specified in the notice (which must be at least seven days\nafter the end of the period allowed for the landlord to remedy the breach)\n(2) Where the landlord is of the opinion that he is not in breach of the tenancy\nagreement or that he has remedied the breach specified by the tenant he may,\nbefore the time fixed in the tenant\u2019s notice for termination of the tenancy or the\ntenant gives up possession of the premises whichever is the later, apply to the\nCommissioner for mediation of the matter.\n(3) Where the parties fail to reach a settlement of the matter through mediation the\nlandlord may apply, before the time fixed in the tenant\u2019s notice for termination\nof the tenancy or before the tenant gives up possession of the premises\nwhichever is the later, to the court for an order \u2014\n(a)\ndeclaring that the landlord is not in breach of the tenancy agreement, or\nhas remedied the breach of the agreement, and that the tenancy is not liable\nto be terminated under this section; or\n(b) reinstating the tenancy.\n(4) If the court is satisfied that a tenancy has been validly terminated under this\nsection, but that it is just and equitable to reinstate the tenancy or it would be\n\nSection 55\nResidential Tenancies Law, 2009\n\nPage 36\nLaw 6 of 2009\nc\n\njust and equitable to reinstate the tenancy if the conditions of the order were\ncomplied with, the court may make an order reinstating the tenancy.\n(5) An order reinstating the tenancy under this section may be made on conditions\nthat the court considers appropriate.\nPART VI - RECOVERY OF POSSESSION OF PREMISES AND\nCOMPENSATION\n55.\nCompensation when premises not vacated\n55. (1) A landlord is entitled to compensation for the use and occupation of premises\nafter the tenancy has expired or been terminated in accordance with Part IV and\nthe tenant has neglected or refused to give up possession of the premises.\n(2) A tenant is liable to pay \u2014\n(a)\nany arrears of rent due;\n(b) compensation to the landlord for any loss caused to the landlord by his\nfailure to vacate the premises; and\n(c)\nan occupation fee to the landlord equal to the amount of rent that would\nhave been payable by the tenant for the premises for the period the tenant\nremains in possession after termination of the tenancy agreement.\n(3) A landlord\u2019s claim for arrears of rent or compensation for use and occupation\nby a tenant after the expiration or termination of the tenancy may be enforced\nby legal action.\n(4) Where a claim is made for arrears of rent or for compensation it shall be\nsupported by an affidavit showing \u2014\n(a)\nthe amount of rent in arrears and the time during which it has been in\narrears; and\n(b) particulars of the use made of the premises after the expiration or\ntermination of the tenancy, so far as is known.\n56.\nRecovery of possession of residential premises prohibited except by order\n56. (1) A person shall not, except in accordance with an order or warrant of a court\nenter residential premises or any part of such premises of which another person\nhas possession \u2014\n(a)\nunder a tenancy agreement; or\n(b) as a former tenant holding over after termination of a residential tenancy\nagreement,\nfor the purpose of recovering possession of the premises or part of the premises.\n\nResidential Tenancies Law, 2009\nSection 57\n\nc\nLaw 6 of 2009\nPage 37\n\n(2) This section applies to a person who enters residential premises or any part of\nsuch premises, whether on his own behalf or on behalf of another person.\n(3) A court before which proceedings for an offence under this section are brought\nmay, in addition to any other penalty, order the person who committed the\noffence or any person on whose behalf that person acted to pay to the person\nagainst whom the offence was committed such compensation as it thinks fit.\n57.\nTerms of order for possession\n57. An order by the court granting possession \u2014\n(a)\nshall direct the tenant to deliver up possession of the premises to the\nlandlord by a specified date or within a specified time after service of the\norder on the tenant; and\n(b) shall state that if the order is not obeyed by the specified date or within the\nspecified time a warrant of possession will issue under section 58 without\nany further order.\n58.\nWarrant to evict\n58. Where an order for possession under this Law is not obeyed by the date or within the\ntime therein specified, upon proof of service of the order, the landlord shall be\nentitled, without any further order, to sue out a warrant directing the bailiff to evict\nthe tenant from the premises.\n59.\nProceedings after tenant vacates\n59. Proceedings in respect of a claim for arrears of rent or compensation may continue to\njudgment notwithstanding that the tenant delivers up possession of or vacates the\npremises.\nPART VII - REGISTRATION OF CERTAIN TENANCY\nAGREEMENTS\n60.\nRegistration of tenancy agreements\n60. A fixed-term tenancy for a specified period of two years or more, or for the life of the\nlandlord or of the tenant, or a tenancy which contains an option whereby the tenant\nmay require the landlord to grant him a further term or terms which, together with the\noriginal term, exceed two years, shall be registered by the Registrar in accordance\nwith the provisions of the Registered Land Law (2004 Revision) and the provisions\nof that Law as they relate to registration shall apply with the necessary changes.\n\nSection 61\nResidential Tenancies Law, 2009\n\nPage 38\nLaw 6 of 2009\nc\n\n61.\nLandlord\u2019s consent to dealing with tenancy\n61. Upon the registration of a tenancy agreement containing an agreement, express or\nimplied, by the tenant that he will not transfer, sub-let, charge or part with possession\nof the premises or any part thereof without the written consent of the landlord, the\nagreement shall be noted in the register of the tenancy agreement and no dealing with\nthe tenancy agreement shall be registered until the consent of the landlord, verified in\naccordance with section 107 of the Registered Land Law (2004 Revision), has been\nproduced to the Registrar.\n62.\nLease of charged land\n62. Where any premises are subject to a charge, no tenancy of such premises shall be\nregistered without the previous consent in writing of the proprietor of the charge,\nverified in accordance with section 107 of the Registered Land Law (2004 Revision),\nunless the charge expressly dispenses with the necessity for such consent.\n63.\nFuture tenancies\n63. (1) A tenancy may be made for a period to commence on a future date, not being\nlater than twenty-one years from the date on which the tenancy agreement is\nexecuted but shall be of no effect unless it is registered.\n(2) Any instrument purporting to create a tenancy to commence on a date more than\ntwenty-one years after the date of the instrument, or to take effect on the\nfulfilment of any condition, is void.\n64.\nVoluntary registration of tenancy agreement\n64. Where application is made to the Registrar to register any tenancy agreement which\nis not compulsorily registrable under this Law but which is capable of registration,\nthe Registrar shall not register such tenancy agreement unless \u2014\n(a)\nit is in the prescribed form, or in such form as the Registrar may\napprove; and\n(b) in the case of a sub-tenancy, every tenancy superior to that sub-tenancy\ncomplies with paragraph (a) and is registered in priority to the subtenancy.\nPART VIII - GENERAL\n65.\nDestruction of premises and abatement of rent\n65. (1) Where, otherwise than as a result of a breach of the tenancy agreement, premises\nare destroyed, or are so seriously damaged as to be uninhabitable \u2014\n(a)\nthe rent shall abate accordingly; and\n(b) either party may give notice to the other terminating the tenancy.\n\nResidential Tenancies Law, 2009\nSection 66\n\nc\nLaw 6 of 2009\nPage 39\n\n(2) Where a landlord gives notice of termination under subsection (1), the period of\nnotice shall be not less than seven days.\n(3) Where a tenant gives notice of termination under subsection (1), the period of\nnotice shall be not less than two days.\n(4) Where, otherwise than as a result of a breach of the tenancy agreement, the\npremises are partially destroyed, or part of the premises is so seriously damaged\nas to be uninhabitable \u2014\n(a)\nthe rent shall abate accordingly; and\n(b) either party may apply to the court for an order terminating the tenancy,\nand the court may make such an order if it is satisfied that it would be\nunreasonable to require the landlord to reinstate the property or, as the case\nmay be, to require the tenant to continue with the tenancy albeit at a\nreduced rent.\n66.\nAbandonment of premises\n66. (1) On the application of the landlord, the court may make an order terminating a\ntenancy where he is satisfied that the tenant has abandoned the premises and the\nrent is in arrears.\n(2) Where the court makes an order under subsection (1) in respect of a periodic\ntenancy, it shall determine, as best it can on the evidence before it, the date on\nwhich the landlord first became aware, or ought reasonably to have become\naware, that the tenant had abandoned the premises, and shall specify that date in\nthe order.\n(3) A tenant who abandons the premises shall, notwithstanding any rule of law to\nthe contrary, be liable to pay the rent for any period up to and including, but not\nafter, the following date \u2014\n(a)\nin the case of a periodic tenancy \u2014\n(i)\nthe date of the expiry of the period of twenty-one days after the date\nspecified by the court under subsection (2); or\n(ii) the date of commencement of a new tenancy of the premises,\nwhichever is the earlier;\n(b) in the case of a fixed-term tenancy \u2014\n(i)\nthe date of the expiry of the term; or\n(ii) the date of commencement of a new tenancy of the premises \u2014\nwhichever is the earlier.\n(4) Nothing in section 44 shall impose upon the landlord any obligation, on finding\nthat the tenant has abandoned the premises, to make an application under this\nsection or to grant a new tenancy of the premises.\n\nSection 67\nResidential Tenancies Law, 2009\n\nPage 40\nLaw 6 of 2009\nc\n\n67.\nAbandoned chattel\n67. (1) If a tenancy terminates or is terminated and chattel are left on the premises that\nwere subject to the tenancy, then \u2014\n(a)\nthe landlord may, when at least two days have passed since the landlord\ntook possession of the premises, remove, and destroy or dispose of,\nchattel \u2014\n(i)\nif they are perishable foodstuffs; or\n(ii) if their value is less than a fair estimate of the cost of their removal,\nstorage and sale; but\n(b) if the chattel are not liable to destruction or disposal under paragraph (a),\nthe landlord shall store the chattel in a safe place and manner for at least\nsixty days.\n(2) The landlord shall, within seven days after storing chattel or having chattel\nstored under this section \u2014\n(a)\ngive notice of the storage of the chattel to \u2014\n(i)\nif the tenant has left a forwarding address, the tenant; and\n(ii) if another person has, to the knowledge of the landlord, an interest in\nthe chattel and the person\u2019s name and address are known to, or\nreasonably ascertainable by the landlord, that person; and\n(b) publish notice of the storage of the chattel in a newspaper circulating\ngenerally throughout the Islands.\n(3) A notice shall be in the form prescribed by regulations for the purposes of this\nsection.\n(4) A person who is entitled to possession of chattel stored under this section may\nreclaim the chattel by paying to the landlord \u2014\n(a)\nthe reasonable costs of removing and storing the chattel;\n(b) the reasonable costs of giving notice under subsection (2)(b); and\n(c)\nany other reasonable costs incurred by the landlord as a result of the chattel\nbeing left on the premises.\n(5) If the chattel are not reclaimed within the sixty day period, the landlord shall, as\nsoon as practicable after the end of that period, have the chattel sold by public\nauction.\n(6) On the sale of the chattel by public auction, the landlord \u2014\n(a)\nmay retain out of the proceeds of sale \u2014\n(i)\nthe reasonable costs of removing, storing and selling the chattel;\n(ii) the reasonable costs of giving notice under subsection (2)(b);\n\nResidential Tenancies Law, 2009\nSection 68\n\nc\nLaw 6 of 2009\nPage 41\n\n(iii) any other reasonable costs incurred by the landlord as a result of the\nchattel being left on the premises; and\n(iv) any amounts owed to the landlord under the tenancy agreement; and\n(b) shall pay the balance, if any, to the owner, or if the identity and address of\nthe owner are not known to, or reasonably ascertainable by, the landlord,\nto the court for the credit of the tenant.\n(7) If chattel are sold by public auction under this section, the purchaser acquires a\ngood title to the goods which defeats \u2014\n(a)\nthe tenant\u2019s interest in the chattel; and\n(b) the interests of others, apart from the tenant, unless the purchaser has actual\nnotice of the interest before purchasing the chattel.\n(8) If a dispute arises between a landlord and tenant about the exercise of powers\nconferred by this section, the court may, on application by either party to the\ndispute, make an order resolving the matters in dispute.\n68.\nViolence for securing entry\n68. (1) Subject to the following provisions of this section, any person who, without\nlawful authority, uses or threatens violence for the purpose of securing entry\ninto any premises for himself or for any other person commits an offence where\nthere is someone present on those premises at the time who is opposed to the\nentry which the violence is intended to secure.\n(2) The fact that a person has any interest in or right to possession or occupation of\nany premises shall not for the purposes of subsection (1) constitute lawful\nauthority for the use or threat of violence by him or anyone else for the purpose\nof securing entry into those premises.\n(3) It is immaterial for the purposes of this section \u2014\n(a)\nwhether the violence in question is directed against the person or against\nproperty; and\n(b) whether the entry which the violence is intended to secure is for the\npurpose of acquiring possession of the premises in question or any other\npurpose.\n(4) A person who commits an offence under this section is liable on summary\nconviction to a fine of five thousand dollars and imprisonment for four years or\nto both.\n69.\nUnlawful acts\n69. (1) A landlord or a tenant, may apply to the court for an order requiring any other\nperson to pay to the applicant an amount in the nature of exemplary damages on\nthe ground that that other person has committed an unlawful act.\n\nSection 70\nResidential Tenancies Law, 2009\n\nPage 42\nLaw 6 of 2009\nc\n\n(2) An application under subsection (1) shall not be made later than forty-five days\nafter the date of commission of the unlawful act.\n(3) If, on such an application, the court is satisfied that the person against whom the\norder is sought committed the unlawful act intentionally, and that, having regard\nto \u2014\n(a)\nthe intent of that person in committing the unlawful act;\n(b) the effect of the unlawful act;\n(c)\nthe interests of the landlord or the tenant against whom the unlawful act\nwas committed; and\n(d) the public interest,\nit would be just to require the person against whom the order is sought to pay a\nsum in the nature of exemplary damages, the court may make an order\naccordingly.\n(4) Any amount ordered by the court to be paid under this section on the application\nof a landlord or a tenant shall be paid to that landlord or that tenant, and shall be\nin addition to any sum payable to that landlord or that tenant by way of\ncompensation in respect of the unlawful act.\n70.\nRegulations\n70. The Governor in Cabinet may make regulations in order to give effect to any\nprovision of this Law and such regulations may contain penalties for breach of the\nregulations.\n71.\nRules\n71. The Chief Justice may make rules for regulating pleading, practice and procedure in\nrespect of the conduct of any matter before the court arising under this Law.\n72.\nContract to avoid Law\n72. (1) Subject to section 73, an agreement or arrangement that is inconsistent with this\nLaw or that purports to exclude, modify or restrict the operation of this Law, is\nunless the inconsistency, exclusion, modification or restriction is expressly\npermitted under this Law to that extent void.\n(2) A person who enters into an agreement or arrangement to defeat, evade or\nprevent the operation of this Law directly or indirectly commits an offence and\nis liable on summary conviction to a fine of five thousand dollars.\n\nResidential Tenancies Law, 2009\nSection 73\n\nc\nLaw 6 of 2009\nPage 43\n\n73.\nCourt may exempt agreement or premises from provisions of Law\n73. (1) The court may, on application by an interested person, if the court considers it\nnecessary or desirable in the circumstances, order that a provision of this Law\nwill not apply in relation to a tenancy agreement or prospective agreement or to\nparticular premises, or will apply in a modified manner and the order will have\neffect accordingly.\n(2) In the disposition of an application under subsection (2) the court shall make\nsuch order as it considers fit but shall not hear such an application unless it is\nsatisfied that the parties have separately received advice from an attorney-at-law\nexplaining the consequence of excluding the provisions of this Law and are\notherwise separately represented by an attorney-at-law in the proceedings.\n(3) An order may be made subject to such conditions as the court considers\nappropriate.\n(4) A person who contravenes an order commits an offence and is liable on\nsummary conviction to a fine of four thousand dollars.\n74.\nTransitional arrangements\n74. (1) Nothing in this Law applies in relation to any proceedings which began before\nthe commencement of this Law and which have not yet been determined.\n(2) Subject to section 73, where at the date of the commencement of this Law an\nagreement which establishes a tenancy is not in writing a landlord shall, within\nthree months of such date, provide the tenant with a written tenancy agreement;\nand nothing in this section shall be construed as providing that such agreement\nshall offer less favourable terms than those previously orally agreed or less than\nprovided by this Law.\n(3) A landlord who fails to provide a tenant with a written tenancy agreement or\nwho provides a tenancy agreement which does not comply with subsection (2)\ncommits an offence and is liable on summary conviction to a fine of five\nthousand dollars.\n75.\nRepeals\n75. (1) The Landlord and Tenant Law (Cap. 80) (1998 Revision) is repealed.\n(2) Section 84 of the Penal Code (2007 Revision) is repealed.\n\nResidential Tenancies Law, 2009\nSCHEDULE\n\nc\nLaw 6 of 2009\nPage 45\n\n SCHEDULE\nPART I\nFORMS OF NOTICES\nFORM A\nNOTICE TO TENANT\nTO (Name of Tenant)\nI hereby give you notice to deliver up possession of the premises [identify the premises]\nwhich you hold of me as tenant, on the [blank] day of [blank] 20 [blank]\nDated this [blank] day of [blank] 20 [blank]\n[blank]\n(Landlord)\nFORM B\nNOTICE TO LANDLORD\nTO (Name of Landlord)\nI hereby give you notice that I am giving up possession of the premises [identify the\npremises] which I hold of you as tenant, on the [blank] day of [blank] 20 [blank] Dated this\n[blank] day of [blank] 20 [blank]\nPART II\nSERVICE OF NOTICES\n1.\nNotice by a tenant to a landlord shall be given personally to the landlord or sent by\nregistered letter posted to the landlord at the address where the rent is payable.\n2.\nExcept as provided in paragraph 3, notice by a landlord to a tenant shall be given\npersonally to the tenant or sent by registered letter posted to the tenant at his last\nknown place of business or abode in the Islands.\n3.\n Where the tenant cannot be given notice by reason of his absence from Islands, or by\nreason of his evading service, the notice may be given to the tenant by posting it up\nin a conspicuous place upon some part of the premises.\n4.\n Notwithstanding anything in this Part of this Schedule, a notice to a corporation may\nbe served on an officer or secretary of the corporation or in such other manner as a\ncourt may sanction.\n\nSCHEDULE\nResidential Tenancies Law, 2009\n\nPage 46\nLaw 6 of 2009\nc\n\nPassed by the Legislative Assembly this 19th day of March, 2009.\nEDNA MOYLE\nSpeaker.\nWENDY LAUER\nClerk of the Legislative Assembly.","akn_extracted_at":"2026-06-22 15:37:22.26631+00","cms_id":"2009-0006","law_type":"principal","year":"2009","number":"6","title":"Residential Tenancies Act","status":"not_in_force"},"provenance":{"files":[{"file_id":"6218","expr_id":"1368","kind":"akn_xml","filename":"2009-0006_Act 6 of 2009.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2009\/2009-0006\/2009-0006_Act 6 of 2009.akn.xml","content_md5":"b8c1c36c1dae5144affa4e16ca90308b","byte_size":"95578","http_last_modified":null,"fetched_at":"2026-06-22 15:37:23.666838+00"},{"file_id":"2735","expr_id":"1368","kind":"pristine_pdf","filename":"2009-0006_Act 6 of 2009.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2009\/2009-0006\/2009-0006_Act 6 of 2009.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/2009\/2009-0006\/2009-0006_Act 6 of 2009.pdf","content_md5":"2ac6f693ba258df3b8c7c8ce5a4c913b","byte_size":"1124384","http_last_modified":null,"fetched_at":"2026-06-16 04:01:10.728508+00"},{"file_id":"2736","expr_id":"1368","kind":"working_pdf","filename":"2009-0006_Act 6 of 2009.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2009\/2009-0006\/2009-0006_Act 6 of 2009.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2009\/2009-0006\/2009-0006_Act 6 of 2009.pdf","content_md5":"2ac6f693ba258df3b8c7c8ce5a4c913b","byte_size":"1124384","http_last_modified":null,"fetched_at":"2026-06-16 04:01:10.728508+00"}],"paragraph_count":67,"latest_history":null},"quality":{"expr_id":"1368","doc_id":"1368","quality_state":"needs_review","quality_score":"80","needs_human_review":"t","deterministic_categories":"{commencement_metadata_problem,duplicate_text,page_header_footer_noise}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture,verify_commencement_metadata}","finding_severity_counts":"{\"low\": 2, \"medium\": 1}","finding_summary":"repeated line furniture detected: cayman islands x3; residential tenancies law 2009 x45; law 6 of 2009 x46; duplicate-line ratio is 8.34%","assessed_at":"2026-06-22 15:29:45.308704+00","updated_at":"2026-06-22 15:29:45.308704+00"}}