The age-old landlord and tenant relationship is known for its disputes concerning many different aspects of property law. Whether you are the owner of an investment property; leasing a section of your home to assist with your mortgage or whether you are a business owner renting a commercial space, the law creates a number of rights and remedies that are available to you. These rights and remedies are protected and can be enforced under the law when disputes arise.
The landlord and tenant relationship is usually formed by the execution of a written lease agreement. The lease agreement is contractual in nature and lays out the terms and conditions to which both parties agree. These terms and conditions govern the lease and set out each party’s obligations.
In Jamaica, in conjunction with the lease agreement, the average landlord and tenant relationship is governed by the Rent Restriction Act (referred to ‘The RRA’ or ‘the Act’). The Act, among other things, sets out the procedure for rent reviews and increases, covenants which are implied into every lease agreement; and the requirements a landlord much satisfy to terminate a lease and recover possession of his or her property.
Due to the vast number of rights and obligations within this area of law, this paper will seek to narrow down the issues and focus on select aspects of the landlord and tenant relationship that feature in the most common property disputes. These are the right to quiet enjoyment, the covenant with respect to user, non-payment of rent and recovery of possession.
Covenants are obligations assigned to either the landlord or the tenant which become the rights of the other party. As indicated earlier, the RRA sets out a number of covenants that are included in every lease agreement, whether or not it is explicitly stated in the agreement.
Quiet enjoyment
The right of the tenant to quiet enjoyment is one such covenant. The Act provides that “The landlord agrees… to permit the tenant on his paying the rent and fulfilling his other obligations under the tenancy peaceably and quietly to occupy and enjoy the premises without any interruption by the landlord…”
As explained by the Courts, “the word ‘quietly’ in the covenant does not mean undisturbed by noise… ‘Peaceably and quietly’ means without interference and without interruption of the possession… The word ‘enjoy’… refers to the exercise and use of the right and having the full benefit of it, rather than to deriving pleasure from it… The covenant for quiet enjoyment is therefore a covenant that the tenant’s lawful possession of the land will not be substantially interfered with by the acts of the lessor (landlord)” (Southwark London Borough Council v Mills [1999] 3 WLR 939)
In simple terms, the landlord must not be a bother to the tenant. Even though the landlord is the legal owner of the property, his rights to the property become limited. A landlord cannot enter the property whenever he desires and he is not allowed to harass nor be a nuisance to the tenant, once the tenant is in possession of the property. This, however, is not to say that the landlord is unable to enter the premises on reasonable grounds. Entry on this basis is provided for by the RRA as a covenant that binds the tenant. The Act provides that “The tenant agrees… to permit the landlord… at all reasonable times to enter upon and inspect the premises and the state and condition of every part thereof and carry out necessary repairs.”
If the landlord acts in such a manner which disrupts the tenant’s quiet enjoyment, he has breached his covenant. Because the covenant is a contractual obligation the tenant can bring a claim against the landlord for damages for breach of covenant or breach of contract. In some cases, the tenant may be able to get an injunction preventing the landlord from doing certain acts.
Behaviour that can amount to a breach of quiet enjoyment is frequent, unannounced, and unwelcomed visits by the landlord for no valid reason; entry into the premises without the knowledge or permission of the tenant; damage to the tenant’s property; and threatening behaviour towards the tenant because of late rental payments or refusal to vacate the premises.
The final example is specifically provided for by the RRA. The Act provides that, unless an order for recovery has been obtained from the Court, the landlord cannot forcibly remove a tenant from the premises. The Act goes on further to say that the landlord is not permitted to do any act that would interfere with the quiet enjoyment of the premises by the tenant or compel the tenant to deliver up possession.
Non-payment of Rent
The obligation of the tenant to pay rent is usually set out in the lease agreement, with the amount of rent to be paid and the date on which it must be paid. This obligation is also set out in the Act as one of the covenants that is implied. “The tenant agrees… to pay the rent on the due date.” A breach of this covenant can give the landlord the right to forfeit the lease and recover the rent owed and recover possession of the property. However, before an order for possession can be obtained the Act stipulates that rent must be due and owing in excess of thirty days.
Following the thirty days of non-payment, the landlord should serve a notice to quit on the tenant stating the reason for the termination of the lease and the date on which the notice is to expire. The notice period is typically the period within which rental payments are due. For example, in a tenancy where the rent is paid monthly, the notice period is one month. The notice period can be more but not less. For commercial leases, the minimum notice period provided for by the Act is twelve months.
On expiry of the notice the landlord can bring proceedings for the recovery of rent and recovery of possession if the tenant has not paid the arrears and vacated the premises. It should be noted that, the Courts will not easily remove a tenant from the property for late payments if the tenant is willing and able to pay, particularly in cases where the property is the tenant’s home.
Validity of the Notice to Quit
The Act provides that a notice to quit is not valid unless it states the reason for the requirement to quit. It further states that if the reason is non-payment of rent, the notice will cease to have effect if the rent is paid before the expiry of the notice.
In addition to non-payment of rent, other reasons that can ground an order for recovery of possession and removal of the tenant from the leased premises include:
- a breach of other obligations of the tenancy by the tenant for more than thirty days;
- the premises are reasonably required by the landlord for his own occupation, for use by him for business, trade or professional services;
- the premises are required for the purpose of being repaired, improved or rebuilt; and
- the tenant uses the premises that are meant to be residential for commercial purposes without authorization.
This last reason segues into the final issue of this paper and that is the covenant with respect to user.
User
The general rule is that a tenant is entitled to use the leased premises for any lawful purpose. If, however, the tenant uses the premises for illegal purposes he will not be protected. Therefore, a landlord can terminate the lease and recover possession from a tenant who conducts illegal activities on the premises.
Aside from illegality, the rights of the tenant to use the premises for any lawful purpose can be restricted. Express terms are usually inserted into the lease agreement restricting the tenant’s use of the premises. A common example being ‘for residential purposes only’. Two of the common reasons for user restrictions are to protect the residential nature of the premises and to prevent nuisance or annoyance to neighbours. In commercial leases, one reason may be to limit competition among different businesses within the commercial building.
In the case of a breach of the restrictions as to user, similarly to non-payment of rent, the landlord can terminate the lease agreement by way of a notice to quit. He can then seek a court order for recovery of possession if the tenant refuses to vacate the premises following the expiry of the notice.
The landlord and tenant relationship is a complexed one and can give rise to a plethora of issues and disputes. This paper merely covers the tip of the iceberg and aims to give clarity on some of the common disputes in this area of the law. The law provides both protection for the tenant and remedies for the landlord. An understanding of the law can help to reduce some of the common misconceptions in tenancy relationships and the appropriate application of the law can prevent disputes in a relationship which by its nature should be a harmonious one.
Deniece A. Beaumont Walters | Attorney-at-Law | DBW Legal
This article is for general information and educational purposes only and does not constitute legal advice. If you require legal advice Deniece can be contacted at law@dbwlegal.com or 876-277-2022 to set up a consultation.