Fair Rent Tribunal

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The Fair Rent Tribunal is governed by the Landlord and Tenant (Amendment) Act No 5 of 2005. Any aggrieved Landlord or Tenant may apply to it mainly to determine the fair rent of any premises let after 15 august 1999 or the market rent of business premises let on or before 1 st July, 2005.

“ premises ” includes dwelling house, place of worship and premises primarily intended for use, on a non-profit making basis, for cultural social or sports purposes.

“ business premises ” means premises primarily intended for use for business, commercial, industrial, office or professional purposes.

Contact

Our office is situated at the 4 th floor of the Ministry, SILWF Building , Edith Cavell Street , Port- Louis. For any additional information, please contact the Secretary Mr. D. Ramdawa, Tel: 212-7478, during the following hours: 9.15 am to 10.30 am on week days.

Procedures

Any person may apply to the Tribunal in writing by filling the prescribed form obtainable at the office of the Secretary.

The application will have to be accompanied by the prescribed fee of Rs 250; for more details, please see the ‘Cost of Service' hereunder.

When the case is entered, the Registrar will issue notice on the other party informing him on the date on which the case will be called. Such notice will be served by an usher.

STEP 1

The applications are immediately referred to the Tribunal which is situated at the 4th Floor, Astor Court Building , Lislet Geoffroy Street , Port Louis .

STEP 2

The proceedings of the tribunal are informal and take place in public.

Time Frame

Upon receipt of an application, the respondent will be summoned to appear before the Tribunal within 3 weeks. The Tribunal will determine the fair rent of any premises within 12 weeks after the first hearing. Cases that go beyond this period are outside the control of the Tribunal.

Principles applicable to determine fair rent

The Tribunal will take into account all the circumstances of a case namely: the location, the age, quality, character and type of the premises as well as their state of repair, improvement made and the market value of similar premises in the vicinity.

Review by the Tribunal of its determinations

The Tribunal would not review a determination made by it until the lapse of 3 years unless the circumstances affecting the determination of the fair rent have been materially altered or the determination was made in consequence of any fraud or error.

Appeal from the Tribunal

Any person who is not satisfied with the determination of the Tribunal may, within 21 days of the date of the determination appeal to the Supreme Court.

Costs of service

The prescribed fee for every application is Rs 200. The following are the cost for the services offered by the Tribunal:

Each inspection of the register	Rs 50
Filing defence or issuing summon	Rs 50
Interpreter's fee for attendance daily	Rs 50
Interpreter's fee for explanation or translation/folio	Rs 10
Copy, transcript or extract per folio	Rs 5
Any other service	Rs 50

New formula to determine the increase of rent
The rent may be increased every year according to the formula given hereunder starting from the date of the agreement or determination of the market rent up to 30 June 2012.

Amount of increase = 15% X (A-B)

“ A ” is the market rent of the business premises agreed upon by the landlord and the tenant. In case there is no agreement it means the market rent determined by the Tribunal.

“ B ” is the rent being paid prior to the date of agreement on or determination of the market rent.

Last Updated: 17 September, 2008