I was asked by a reader to shed some light on the termination of a tenancy with respect to a dwelling house. This is sometimes a huge problem in Jamaica. Against that background, the application of the Rent Restriction Act ((hereinafter the Act) to tenancy agreements is relevant. It is noted that a tenant cannot be compelled to give up possession of a premises to which the Act applies (controlled premises) or be forcibly removed from such premises unless by an order of a court of competent jurisdiction.

REASONS FOR NOTICE

In so far as a rented dwelling house is concerned, the Act provides that no notice given by a landlord to quit any controlled premises is valid unless it states the reason for the requirement to quit.

By extension, it is provided that an order for the recovery of possession of any controlled premises, or the ejectment of a tenant from it, whether in respect of a notice to quit or proceedings commenced, cannot be made or given unless one or other of certain reasons specified in the Act exists. Section 25 sets out the various situations that would serve as lawful justification for the termination of a tenancy. Some of these reasons are summarised below.

1. RENT IN ARREARS

Some rent lawfully due from the tenant has not been paid for at least 30 days after it became due. Where this reason is given in a notice to quit, if the rent is paid before the date of expiry of the notice, then the notice will cease to have effect on the date the rent is paid.

2. OBLIGATION BROKEN

Some other obligation of the tenancy, whether express or implied, has been broken or not performed by the tenant and where it is a non-performance by the tenant, the tenant has been in default for at least 30 days.

3. TENANT'S CONDUCT

The tenant or any person residing or lodging with him or being his sub-tenant has been guilty of conduct which is a nuisance or annoyance to neighbours, or has been convicted of using the premises or allowing the premises to be used for an immoral or illegal purpose, or the condition of the premises has deteriorated or become unsanitary owing to acts of waste by, or the neglect or default of the tenant or any person who is a lodger or sub-tenant.

4. LANDLORD'S OWN USE

The house is reasonably required by the landlord for occupation for himself or some person wholly dependent upon him, or for any person residing or to reside with him or for some person in his full-time employment. It may also be reasonably required by the landlord for use by him for business, trade or professional purposes.

5. REPAIRS NEEDED

The premises are required for the purpose of being repaired, improved or rebuilt.

6. SUBLETTING

The tenant has sublet or parted with the possession of the whole or any part of the premises without either obtaining the consent of the landlord or being expressly authorised by or under the tenancy agreement so to do.

7. UNAUTHORISED USER

The tenant of a dwelling-house uses the house mainly for business, trade or professional purposes without first obtaining the consent of the landlord or being authorised by or under the tenancy agreement so to do.

8. SALE / RENTAL OF PREMISES

The tenant has given notice to quit and as a result of that notice the landlord has contracted to sell or to let the dwelling house or has taken any other steps as a result of which he would be seriously prejudiced if he could not obtain possession.

KEITH N. BISHOP is an attorney-at -law and a partner in the firm Bishop & Fullerton. He may be contacted by email at knbishop@gmail.com or by text at 779-2971