Mauritius
Landlord and Tenant Act
Act 6 of 1999
- Commenced on 15 August 1999
- [This is the version of this document at 30 June 2017.]
Part I – Introductory
1. Short title
This Act may be cited as the Landlord and Tenant Act.2. Interpretation
In this Act —"bank" has the same meaning as in the Banking Act;"business premises" means premises primarily intended for use for business, commercial, industrial, office or professional purposes;"Chairperson" means the Chairperson of the Tribunal appointed under section 10 (2);"Court" means the District Court exercising jurisdiction in the district or other area where the relevant premises are situated;"determination of the Tribunal" means a determination made by the Tribunal in the exercise of its jurisdiction under Part III;"dwelling house"—(a)means premises primarily intended for use as a dwelling house notwithstanding that part of them are used for another purpose; and(b)includes a part of a house let as a separate dwelling;"fair rent" has the meaning assigned to it in section 6;"industrial premises" means premises which are primarily intended for use for industrial purposes of manufacture or service;"landlord" means the person who receives, or is entitled to receive, rent in respect of any premises;"letting" and "subletting" include the using and occupying of premises;"market rent" means the rent which a willing landlord might reasonably expect to receive if the premises were put up for letting in the open market;"member"—(a)means a member of the Tribunal; and(b)includes the Chairperson;"member of a family", in relation to a landlord who is a natural person, means a relative by blood or marriage who would, if he were in need, be entitled to maintenance from the landlord;"Minister" means the Minister to whom responsibility for the subject of housing is assigned;"possession order" means an order made by the Court for the recovery of possession of, or the ejectment of a tenant from, any premises;"premises"—(a)means any premises to which this Act applies and the curtilage thereof; and(b)includes—(i)a dwelling house;(ii)a place of worship; and(iii)premises primarily intended for use, on a non-profit making basis, for cultural, social or sports purposes;"previous letting" means the letting to a tenant, before 15 August 1999, of—(a)a dwelling house;(b)a place of worship; or(c)premises primarily intended for use, on a non-profit making basis, for cultural, social or sports purposes;"Registrar" means the person designated as such pursuant to section 10 (6);"related corporation", in relation to a landlord that is a body corporate, has the same meaning as in section 2 (7) of the Companies Act;"rent" means the amount paid, received or due on a monthly basis, or for such other period as may be agreed upon by the landlord and the tenant, in consideration of the letting of any premises;"rent book" means a document issued pursuant to section 5;"tenancy" includes use and occupation;"tenant" includes, where the person referred to in paragraph (a) or (b) is able and willing to occupy the premises for the same purpose for which they were occupied by the tenant before his death—(a)the surviving spouse, if any, who was occupying the premises with the tenant at the time of the latter's death; or(b)where there is no surviving spouse, such member of the tenant's family who was so occupying the premises as may, in default of agreement between the relevant parties, be determined by the Court;"Tribunal" means the Fair Rent Tribunal established by section 10;"value" means the amount which any premises, if sold in the open market by a willing seller, might reasonably be expected to fetch.[S. 2 amended by s. 3 of Act 5 of 2005 w.e.f. 30 May 2005.]Part II – Application of Act
3. Premises to which the Act applies
4. Written tenancy agreements
Part III – Rent control
A – Rent
5. Rent book
6. Fair rent
Subject to section 31 (4), the fair rent of any premises shall, until and unless it is varied by an increase which is permitted in accordance with section 9 or by a determination of the Tribunal, be—7. Excessive claims of rent
8. Transfer of burden or liability
9. Permitted increases of rent
B – Tribunal
10. Fair Rent Tribunal
11. Jurisdiction and powers of Tribunal
12. Proceedings of Tribunal
13. Principles applicable to determine fair rent
The Tribunal shall, for the purpose of determining the fair rent of any premises, take into account all the circumstances of the case, including—14. Review by Tribunal of its determination
The Tribunal shall not review a determination made by it until the lapse of 3 years from the date it was made unless—15. Appeals from Tribunal
Part IV – Possession of tenement and repairs
16. Restriction on right to possession
17. Breach of obligation
The Court may make an order under section 16 where any rent lawfully due from the tenant has not been paid, or any other obligation of the tenancy, whether under the contract of tenancy or under this Act, has been broken or has not been performed by the tenant.18. Nuisance
The Court may make an order under section 16 where the tenant, or any person residing or lodging with him or in his employment has been—19. Deterioration of premises
The Court may make an order under section 16 where the condition of the premises has, in the opinion of the Court, deteriorated owing to an act of waste by, or through the neglect or default of, the tenant or any person residing or lodging with him or in his employment.20. Notice to quit
The Court may make an order under section 16 when the tenant has given written notice to quit and as a consequence, the landlord has—21. Subletting and assignment
The Court may make an order under section 16 where—22. Overcrowding
The Court may make an order under section 16 where, in the case of a dwelling house, the premises are so overcrowded as to be dangerous or injurious to the persons residing in the premises.23. Termination of employment
The Court may make an order under section 16 where—24. Personal use and occupation
25. Premises in dilapidated conditions
The Court may make an order under section 16 where the premises are in such a dilapidated condition that the repairs required to render it in a tenantable condition cannot be effected without the tenant vacating them.26. Scheme of reconstruction
27. Additional powers of Court
28. Prohibition on subletting and assignment
29. Order obtained in bad faith
Where the landlord has obtained a possession order and it is subsequently made to appear to the Court that—30. Premises vacated on ground of destruction or serious damage
31. Complaint for disrepair
32. Jurisdiction and powers of Court
Part V – Miscellaneous
33. Offences
34. Regulations
35. ***
36. ***
37. ***
38. ***
History of this document
30 June 2017 this version
Consolidation
15 August 1999
Commenced