Landlord and Tenant (Business Premises) Act, 1971
- Commenced on 1 January 1972
- [This is the version of this document as it was at 31 December 1996 to 25 October 2020.]
1. Short titleThis Act may be cited as the Landlord and Tenant (Business Premises) Act.
2. InterpretationIn this Act, unless the context otherwise requires-"business" means a trade, an industry, a profession or an employment, and includes any activity carried on by a body of persons, whether corporate or unincorporate, but does not include farming on land;"court" means—(a)in relation to any premises the annual rent of which exceeds three thousand six hundred kwacha, the High Court; and(b)in relation to any other premises, a subordinate court of the first class presided over by a senior resident magistrate or a resident magistrate;"current tenancy" has the meaning assigned to it by subsection (1) of section six;"date of termination" has the meaning assigned to it by subsection (1) of section five;"holding", in relation to a tenancy, means the property comprised in the tenancy excluding such part thereof as is not occupied by the tenant, his agents or employees for the purposes of a business;"landlord", in relation to a tenancy, means the person who under the tenancy is, as between himself and the tenant, for the time being entitled to the rents and profits of the demised premises payable under the tenancy and, in a case where the reversion immediately expectant on the tenancy is mortgaged and the mortgagee is in possession thereof or has appointed a receiver of the rents and profits thereof, means that mortgagee;"lease" means a lease, under-lease or other tenancy, assignment operating as a lease or under-lease, or an agreement for such lease, under-lease, tenancy or assignment;"mortgage" includes a charge or lien, and "mortgagor" and "mortgagee" shall be construed accordingly;"notice to quit" means a notice to terminate a tenancy (whether a periodical tenancy or a tenancy for a term of years certain) given in accordance with the terms (whether express or implied) of that tenancy;"premises" means premises let under a tenancy for the purposes of carrying on business thereat;"rent" includes any periodical sum payable by the tenant to the landlord in connection with his tenancy (whether under the lease or otherwise) in respect of the lighting, heating, board, furniture or other services; and any reference to the rent payable under a lease shall be construed as including a reference to any such sum as aforesaid;"repairs" includes any work of maintenance, decoration or restoration, and references to repairing, to keeping or yielding up in repair and to state of repair shall be construed accordingly;"reversion", in relation to a tenancy, means the interest which, not being a mortgage term and apart from any such term, is for the time being in reversion immediately expectant upon the termination of the tenancy;"service charge" means a charge for any services provided;"services", in relation to a tenancy, means the use of water, light or power, conservancy, sewerage facilities, sweeper, watchman, telephone, or other amenity or facility available to the tenant, and the right of access to any place or accommodation accorded to the tenant by reason of his occupation of the premises comprised in the tenancy, but shall not include the supply of meals to the tenant;"tenancy" means a tenancy of business premises (whether written or verbal) for a term of years certain not exceeding twenty-one years, created by a lease or under-lease, by an agreement for or assignment of a lease or under-lease, by a tenancy agreement or by operation of law, and includes a sub-tenancy but does not include any relationship between a mortgagor and mortgagee as such, and references to the granting of a tenancy and to demised property shall be construed accordingly;"tenant", in relation to a tenancy, means the person for the time being entitled to the tenancy, whether or not he is in occupation of the holding, and includes a sub-tenant;"terms", in relation to a tenancy, includes conditions.
4. Continuation of tenancies to which this Act applies and grant of new tenancies
5. Termination of tenancy by landlord
6. Tenant's request for a new tenancy
7. Rent while tenancy continues by virtue of section 4
8. Termination by tenant of tenancy for fixed term
9. Renewal of tenancies by agreementWhere the landlord and tenant agree upon the grant to the tenant of a future tenancy of the holding, or of the holding with other land or premises on terms and from a date specified in the agreement, the current tenancy shall continue until that date but no longer, and shall not be a tenancy to which the provisions of this Act apply.
10. Order by court for grant of a new tenancy
11. Opposition by landlord to application for new tenancy
12. Dismissal of application for new tenancy where landlord successfully opposes
13. Grant of new tenancy in some cases where section 11(1)(f) applies
14. Property to be comprised in new tenancy
15. Duration of new tenancyWhere, on an application under the provisions of this Act, the court makes an order for the grant of a new tenancy, the new tenancy shall be such tenancy as may be agreed between the landlord and the tenant or, in default of such an agreement, shall be such a tenancy as may be determined by the court to be reasonable in all the circumstances, being, if it is a tenancy for a term of years certain, a tenancy for a term not exceeding twenty-one years, and shall begin on the coming to an end of the current tenancy.
16. Rent under new tenancyThe rent payable under a tenancy granted by the order of the court under this Act shall be such as may be agreed between the landlord and the tenant or as, in default of such agreement, may be determined by the court to be that at which, having regard to the terms of the tenancy (other than those relating to rent), the holding might reasonably be expected to be let in the open market by a willing lessor, there being disregarded—
17. Other terms of new tenancyThe terms of a tenancy granted by order of the court under this Act (other than the terms as to the duration thereof and as to the rent payable thereunder) shall be such as may be agreed between the landlord and the tenant or as, in default of such agreement, may be determined by the court; and in determining those terms the court shall have regard to the terms of the current tenancy and to all relevant circumstances.
18. Carrying out of order for new tenancy
19. Compensation where order for new tenancy precluded on certain grounds
20. Restrictions on agreements excluding provisions of this ActAny agreement relating to a tenancy to which this Act applies (whether contained in the instrument creating the tenancy or not) shall be void in so far as it purports to preclude the tenant from making an application or request under this Act, or provides for the termination or surrender of the tenancy in the event of his making such an application or request, or for the imposition of any penalty or liability on the tenant in that event.
21. Duty of tenants and landlords of business premises to give information to each other
22. Compensation for possession obtained by misrepresentation
23. Interim continuation of tenancies pending determination by court
24. Provisions as to mortgagees in possessionAnything authorised or required by the provisions of this Act, other than subsection (2) or (3) of section twenty-one, to be done at any time by, to or with the landlord, shall, if at that time the interest of the landlord in question is subject to a mortgage and the mortgagee is in possession or a receiver appointed by the mortgagee or by the court is in receipt of the rents and profits, be deemed to be authorised or required to be done by, to or with the mortgagee instead of that landlord.
25. AppealsExcept as hereinafter provided, where any question is, under the provisions of this Act, to be determined by the court, the determination by the court shall be final and conclusive:Provided that an appeal from any such determination shall lie on any point of law, or of mixed fact and law, to the Supreme Court.
26. RulesThe Chief Justice may, by statutory instrument, make rules of court—
27. RegulationsThe Minister may, by statutory instrument, make such regulations and give such directions as he may think fit for the purpose of giving effect to the provisions of this Act.
28. Determination of rent in respect of tenancies commencing on or after 1st January, 1972
History of this document
26 October 2020 amendment not yet applied
31 December 1996 this version
01 January 1972