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Ministry of Housing & Lands

Fair Rent Tribunal


The Fair Rent Tribunal is governed by the Landlord and Tenant Act 6 of 1999 and as subsequently amended by Act No.5 of 2005 and Act No.21 of 2009. 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 1st July, 2005.

 

Contact


Our office is situated on the 06th Floor of the Ministry, Ebène Tower, Ebène. For any additional information, please contact the Secretary, Mrs Purnima Munisamy on :

Tel/Fax: 4681771, 401-6808, during the following hours and on such days

8.45 am to 4.00 pm on week days viz Mondays, Wednesdays & Fridays

8.45 am to 11:30 am on Tuesdays and Thursdays

 

Procedures

Any person may apply to the Tribunal in writing by filling the prescribed form obtainable at the office of the Secretary or can be downloaded from the website http://housing.govmu.org .
The application will have to be in triplicate together with 2 copies of the valuation report accompanied by the prescribed fee of Rs 250; for more details, please see the ‘Cost of Services' 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 referred to the Tribunal which sits as a matter of course on Tuesdays and Thursdays in the afternoon as from 1.00 pm , at the 03rd Floor, Intermediate Court, New Court House, Pope Henessy 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 services

The prescribed fee for every application is Rs 250. 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 payable for any premises let on or before 1 July 2005 may be increased by an amount equivalent to 10% X (A-B)
A ” means
(a)  the market rent of the business premises as agreed  by the landlord and the tenant; or
(b) where no such agreement has been reached, the market rent as determined by the Tribunal; and  
  “ B ” means  the rent payable immediately before the agreement on, or the determination of, the market rent, as the case may be.