The Fair Rent Tribunal (FRT) is a quasi-judicial entity which operates under the auspices of the Ministry of Housing and Land Use Planning. Instituted under the Landlord and Tenant Act 1999 (Act No. 6 of 1999, also known as the principal Act), as subsequently amended, the Tribunal is endowed with exclusive jurisdiction and powers to determine the fair rent of any premises leased after 15 August 1999 or the market rent of business/commercial premises let on or before 01st July 2005. Hence any aggrieved landlord and tenant applied to it for that purpose.
The Fair Rent Tribunal is now governed by the Landlord and Tenant (Amendment) Act 2020 (Act No.16 of 2020) which is in force as from 19 December 2020 and by virtue of which enactment the Fair Rent Tribunal will not entertain any new application made to it for the determination of the market rent, on or after 1 January 2021 by a landlord or tenant.
In addition, the new legislation has also provided for the following:
(a) any application made before 1 January 2021 by a landlord or tenant will be dealt with, and determined, by the Fair Rent Tribunal not later than 30 June 2021 or, in exceptional or unforeseen circumstances, not later than such later date as may be prescribed;
(b) all applications falling under the jurisdiction of the Fair Rent Tribunal will, as from 1 January 2021, be made before the District Court exercising jurisdiction in the district or other area where the relevant business premises are situated, and provides for matters related thereto.
(c) Extending t0 31 Dec 2021, the moratorium up to which the current Act of 2020 will apply to such category of business/commercial premises, rented on or prior to 01st July 2005.
