Control of Rent and Tenancy Agreements Act
- Commenced on 15 April 1959
- [This is the version of this document as it was at 1 December 2014 to 25 September 2023.]
1. Short titleThe Act may be cited as the Control of Rent and Tenancy Agreements Act.
2. InterpretationIn this Act, unless the context otherwise requires:"agricultural land" means land used for agricultural purposes or as a market garden, orchard, allotment or allotment garden but does not include any lands occupied together with a dwelling house as a park, garden, yard or pleasure ground;"Boards" means the Rent Board appointed under the provisions of this Act;"clerk" means a clerk to the Rent Board;"family" in relation to a lessor, means any relative by blood or marriage, who under the law of Seychelles, would, if he were in want, be entitled to an alimony from the lessor;"lease" includes the use and occupation of a dwelling house and "sub lease" and "letting" having a corresponding meaning;"let" includes sublet;"lessee" includes a sub lessee and a widow of a lessee or sub lessee, as the case may be, who was residing with him at the time of his death, or, where the lessee or sub lessee leaves no such widow or is a woman, such member of the lessee's or sub lessee's family so residing as aforesaid as may be decided, in default of agreement, by the Board, and also includes any person enjoying the use and occupation of a dwelling house for which an indemnity is payable or not;"Lessor" means any person who receives or is entitled to receive rent in respect of the letting or sub letting, as the case may be, of a dwelling house, and also includes any persons who allows another person to enjoy the use and occupation of a dwelling house for which an indemnity is payable or not, a sub lessor and any person deriving title from the original lessor;"rent" means any money paid or received in consequence of the letting of a dwelling house and shall include any sum paid for the use or hire of furniture;"statutory undertaking" and "statutory duties or powers" includes any undertaking, duties or powers established, imposed or exercised under any law or order having force of law.
3. Application of ActThis Act shall apply to a house or part of a house let as a separate dwelling and every such house or part of a house shall be deemed to be a dwelling house to which this Act applies:Provided that
4. Board may fix rent
5. Provisions for modifying section 4(3)(a)
6. Lessor may not recover rent in excess of rent fixed by the BoardWhen the rent of a dwelling house has been fixed by the Board the lessor may not recover in any way from the lessee any rent in excess of the amount fixed by the Board.
7. No consideration other than rent to be required or received for lettingNo lessor shall in consideration of the letting or surrender of any dwelling house or of the renewal or continuance of such letting require or receive any consideration in addition to the rent and where any such consideration has been given the lessee may without prejudice to any other method of recovery deduct from the rent payable by him to such lessor the total amount of such consideration:Provided that is shall be lawful for a lessor to require and receive one month's rent in advance.
8. Rent deemed to be increased in certain casesAny transfer to a lessee of a burden or liability previously borne by the lessor shall for the purposes of this Act be treated as an alteration of rent and where as a result of such transfer the terms on which the dwelling house is held are on the whole less favourable to the lessee than the previous terms the rent shall be deemed to be increased.
9. Ejectment by lessor prohibitedNo lessor shall eject or apply to the Supreme Court or the Magistrates' Court for the ejectment of or take any step towards the ejectment of his lessee:Provided that nothing in this section shall prevent a lessor from giving his lessee notice to quit.
10. Reasons for which ejectment may be allowed
11. Dwelling house vacated for repairs or other work
12. Conditions of statutory tenancy
13. Application to business premises
14. Complaint for disrepair
15. Rent Board
16. Clerks to the BoardThe Minister shall appoint such number of clerks to the Board as may be necessary
17. Proceedings before the Board
18. Delivery of documents and orders
19. Service of summonsA summons for the attendance before the Board of lessor or lessee, or of any witness, or for the production of any book or document shall be signed by a clerk and may in the first instance be served in the same manner and subject to the same conditions as an order of the Board under subsection (2) of section 18:Provided that in case of non compliance with such summons a second summons signed as provided in this section may be issued, in which case such summons shall be served in the same manner as a summons of the Supreme Court. No fee shall be chargeable for the issue of such summons but for the service thereof there shall be charged the equivalent fee chargeable in civil proceedings in the Magistrates' Court.
20. Summons must be complied with
21. Insult to and misbehaviour before the BoardAny person who shall wilfully insult any member of the Board during a sitting of the Board or shall wilfully interrupt the proceedings of the Board or shall otherwise misbehave before the Board shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand rupees and to imprisonment for a term not exceeding three months.
22. Appeal to the Supreme Court
23. Law Officer or Welfare Officer may institute or appear in proceedings for lesseeA Law Officer or the Welfare Officer may institute or appear in any proceedings under this Act on behalf of a lessee.
24. OffencesAny lessor who shall
History of this document
26 September 2023 amendment not yet applied
01 December 2014 this version
15 April 1959
|Control of Rent and Tenancy Agreements (Exemption from Provisions of Act) Notice
|Statutory Instrument 72 of 1976