John who lives in Kingston 20 in the Corporate Area emailed to find out if his landlord had the right to increase his rent by 20 per cent and according to John "to add insult to injury" his landlord only gave him two weeks notice.

John, who has been paying the increased rent for three months, is also asking about recovering part of the rent paid to his landlord.

In answer to John, section 21 of the Rent Restriction Act (hereinafter called "the Act") is relevant. The said section provides how increases in rent may be allowed or restricted.

Increase is allowed where it is sanctioned by an order of an assessment officer where the landlord has incurred "substantial improvement or structural alterations in the premises or substantial improvement to the amenities of the premises or substantial improvements in the locality from which the tenant derives benefit, not being improvement for necessary maintenance or drainage."

John did not provide much detail as to whether there has been any improvement in keeping with the section of the Act quoted above, or even to say if the rates and taxes, not including water and sewer rates, have been increased.

These are the usual conditions that must exist for the landlord to make an application to the board or the assessment officer for an increase provided no increase was given within a period of two years. In any event, an increase of 20 per cent seems unreasonable as also the notice period of two weeks. One would expect at least one month's notice, since John is a monthly tenant.

No increase

It should also be noted that the minister may sanction increase of rent generally or in specified areas, or he may even declare that there should be no increase of rent for any area for a specified period, but the minister's order must be subject to an affirmative resolution in Parliament.

In order to recover the increased rental, John must secure a copy of that notice of increased rental for use in court or at the Rent Assessment Board. John should also request of the landlord in writing, pursuant to section 23 of the Act, a statement in writing showing the permitted rent for the premises. The landlord is obliged to provide this information within 14 days. If the landlord fails to provide the information, without reasonable excuse or provide a statement which is false, he could be convicted and fined.

If the increase is without the requisite permission, it could be the basis of a challenge at the Rent Assessment Board or at the civil court.

Keith N. Bishop is an attorney-at-law and partner in the law firm of Bishop & Fullerton. He may be contacted by email at knb@bishopfullerton.com.