Zambia
Rent Act, 1972
Chapter 206
- Commenced on 30 March 1972
- [This is the version of this document at 31 December 1996.]
1. Short title
This Act may be cited as the Rent Act.2. Interpretation
3. Application
4. Powers of the court
The court shall have power to do all things which it is required or empowered to do by or under the provisions of this Act, and in particular shall have power—5. Investigation of complaints by the court
6. Penalty for failure to comply with lawful order of the court
7. Appeals
Except as hereinafter provided, when 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.8. Duty of landlord of premises let
9. Restriction on increasing rent
Subject to the provisions of this Act, the landlord of premises shall not be entitled to recover any rent in respect thereof in excess of the standard rent.10. Penalty for demanding or accepting excess rent
Where, after the commencement of this Act, the landlord of any premises, or any agent, clerk or other person employed by him, demands or accepts any rent in respect of such premises which exceeds the standard rent thereof by more than any amount per-mitted under this Act, or demands or accepts an advance of rent exceeding two months' standard rent, then, without prejudice to any other remedy under this Act, such landlord, agent, clerk or other person shall be guilty of an offence and liable to a fine not exceeding four thousand penalty units or to imprisonment for a term not exceeding twelve months, or to both; and the court by which he is convicted may order that any rent or advance so accepted, in so far as it exceeds the amount permitted under this Act, shall be repaid by the landlord to the tenant.[As amended by Act No. 13 of 1994]11. Permitted increases in rent
12. Penalty for false statement in notice
If any notice served under subsection (1) of section eleven contains any statement or representation which is false or misleading in any material respect, the landlord shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand penalty units or to imprisonment for a term not exceeding three months, or to both, unless he proves that the statement was made innocently and without intent to deceive.[As amended by Act No. 13 of 1994]13. Restriction on right to possession
14. Restriction on levy of distress for rent
No distress for the recovery of rent in respect of any premises shall be levied except with the leave of the court.15. Restriction on premiums
16. Excessive charges for furnished lettings irrecoverable
Where any person lets, or has let, any premises at a rent which includes payment in respect of the use of furniture, the maximum rent per annum which may be charged shall be the standard rent applicable to furnished premises and, if service is included, such service charge as may be permitted by the court, and any rent or charge levied in excess of such standard rent and permitted charge shall, notwithstanding any agreement to the contrary, be irrecoverable from the tenant.17. Recovery of certain sums paid on account of rent
18. Statement to be supplied as to standard rent
A landlord of any premises shall, on being so requested in writing by the tenant of the premises, or on being so ordered by the court, supply to the tenant or to the court, as the case may be, a statement in writing as to the amount of the standard rent of the premises and if, without reasonable cause, he fails within fourteen days to do so, or supplies a statement which is false in any material particular, he shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand penalty units or to imprisonment for a term not exceeding three months, or to both:Provided that this section shall apply only to cases where the premises were let at the prescribed date or where the standard rent has been determined by the court.[As amended by Act No. 13 of 1994]19. Rent book
20. Meaning of expression "landlord" for the purposes of sections 18 and 19
For the purposes of sections eighteen and nineteen, the expression "landlord" shall include any agent, clerk or other person employed by the landlord.21. Removal of furniture by landlord
22. Penalty for depriving tenant of service
23. Conditions of statutory tenancy
24. Repairs
In the absence of any provisions to the contrary in the contract of tenancy, for the purposes of this Act it shall be deemed to be the obligation of the landlord of any premises to maintain and keep the premises in a state of good repair and in a condition suitable for human habitation; and it shall be deemed to be the obligation of the tenant of any premises to maintain the premises in the same state as that in which the premises were at the commencement of the tenancy, fair wear and tear, damage arising from irresistible force and the repairs for which the landlord is liable excepted.25. Restriction on right to assign or sublet premises
Notwithstanding the absence of any covenant against the assigning or subletting of the premises, no tenant shall have the right to assign, sublet or part with the possession of any premises or any part thereof except with the consent in writing of the landlord or, where such consent is unreasonably withheld, the consent of the court.26. Subletting by tenant
27. Penalty for subjecting tenant to annoyance
Any landlord or any agent or servant of a landlord who wilfully subjects a tenant to any annoyance with the intention of inducing or compelling the tenant to vacate the premises or to pay, directly or indirectly, for the premises in excess of the rent lawfully recoverable by the landlord from the tenant under the provisions of this Act, shall be guilty of an offence, and liable on conviction to a fine not exceeding one thousand penalty units or to imprisonment for a term not exceeding three months, or to both.[As amended by Act No. 13 of 1994]28. Compensation in case of frivolous or vexatious proceedings
If, on the dismissal of any proceedings instituted under this Act, the court is of the opinion that the proceedings are frivolous or vexatious, the court may order the party who instituted such proceedings to pay to the other party thereto a reasonable sum as and by way of compensation if such other party has been put to any trouble or expense by reason of such proceedings.29. Right of entry
The court, and any person authorised by the court in writing in that behalf, may, for the purpose of carrying out its duties and functions under this Act, at all reasonable times enter upon and inspect any dwelling-house.30. Rent Controllers
31. Regulations
The 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.32. Rules
The Chief Justice may, by statutory instrument, make rules of court—History of this document
30 March 1972
Commences.