THE LANDLORD AND TENANT (AMENDMENT) BILL (No.

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THE LANDLORD AND TENANT (AMENDMENT) BILL(No. XX of 2020)Explanatory MemorandumThe object of this Bill is to amend the Landlord and Tenant Act so as toextend to 31 December 2021 the period up to which the Act shall continue toapply to business premises let on or before 1 July 2005.2.In addition, the Bill provides that –(a)the Fair Rent Tribunal will not entertain any new application madeon or after 1 January 2021 by a landlord or tenant;(b)any application made before 1 January 2021 by a landlord or tenantwill be dealt with, and determined, by the Fair Rent Tribunal not laterthan 30 June 2021 or, in exceptional or unforeseen circumstances,not later than such later date as may be prescribed; and(c)all applications falling under the jurisdiction of the Fair Rent Tribunalwill, as from 1 January 2021, be made before the District Courtexercising jurisdiction in the district or other area where the relevantbusiness premises are situated,and provides for matters related thereto.L. S. OBEEGADOODeputy Prime Minister, Minister of Housing andLand Use Planning, Minister of Tourism04 December 2020

THE LANDLORD AND TENANT (AMENDMENT) BILL(No. XX of 2020)ARRANGEMENT OF CLAUSESClause1.2.3.4.5.6.7.8.9.10.11.Short titleInterpretationSection 2 of principal Act amendedSection 3 of principal Act amendedSection 4 of principal Act amendedPart III of principal Act amendedSection 30 of principal Act amendedSection 32 of principal Act repealedPart V of principal Act amendedFirst Schedule to principal Act amendedSecond Schedule to principal Act amendedA BILLTo amend the Landlord and Tenant Act with a view to extending to 31December 2021 the period up to which the Act shall continue toapply to business premises let on or before 1 July 2005, andto provide that the Fair Rent Tribunal shall cease to existENACTED by the Parliament of Mauritius, as follows –1.Short titleThis Act may be cited as the Landlord and Tenant (Amendment) Act 2020.2.InterpretationIn this Act –“principal Act” means the Landlord and Tenant Act.3.Section 2 of principal Act amendedSection 2 of the principal Act is amended by deleting the definitions“Chairperson”, “determination of the Tribunal”, “member” and “Tribunal”.2

4.Section 3 of principal Act amendedSection 3 of the principal Act is amended, in subsection (2)(ab), by deletingthe words “31 December 2020” and replacing them by the words “31 December2021”.5.Section 4 of principal Act amendedSection 4 of the principal Act is amended –6.(a)in subsection (4), by deleting the words “Tribunal acting in theexercise of its jurisdiction” and replacing the by the word “Court”;(b)in subsection (5), by deleting the words “Where the Tribunal”,“section 14” and “the Tribunal” and replacing them by the words“Where the Court”, “section 12” and “the Court”, respectively.Part III of principal Act amendedPart III of the principal Act is amended –(a)in the subheading, by deleting the words “Sub-Part A – Rent”;(b)in section 6, by deleting the word “Tribunal” wherever it appearsand replacing it by the word “Court”;(c)by inserting, after section 9, the following new sections –10.Determination of rent(1)The Court shall, on an application made to it by alandlord or tenant on or after 1 January 2021 –(a)determine the fair rent of any premises let after15 August 1999 or the market rent of businesspremises let on or before 1 July 2005;(b)subject to section 12, review, maintain, vary orset aside any determination made underparagraph (a); and(c)subject to section 4, review, maintain, vary orset aside any agreement referred to in that3

section in so far as it relates to any matterprovided for in this Part.(2)The Court may, for the purposes of making adetermination under subsection (1), hold that any expenditurereferred to in section 9(2) or (9) was incurred unnecessarily.(3)The Cour

THE LANDLORD AND TENANT (AMENDMENT) BILL (No. XX of 2020) Explanatory Memorandum . The object of this Bill is to amend the Landlord and Tenant Act so as to extend to 31 December 2021 the period up to which the Act shall continue to apply to business premises let on or before 1 July 2005. 2. In addition, the Bill provides that –

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