29 Sep 2021 in National Assembly:
It provides for predictability, both for the landlords and tenants. You cannot be living in a house and tomorrow upon waking up, someone tells you they have increased the rent by 100 per cent. This will not happen when this critical Bill comes to effect. If you proceed further in Part IV of the Bill, it provides how eviction orders come into effect. This is because there might be some rogue tenants who do not want to pay rent and this is provided for here and on page 7 of our Report. This part further provides for the powers of ...
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29 Sep 2021 in National Assembly:
Department for Trade, the Rent Restriction Tribunal, the Business Premises Restriction Tribunal and the Office of the Attorney-General appeared before the Committee. Various concerns were raised and we went through them. I would like to highlight just a few because of time. Of course, at the end we would have consolidated and provided solutions for the issues raised by the public and that is on page 23 of our Report. During the Committee of the whole House, there will be amendments. What were the critical issues that came from the hearings and how were they solved? In the proposed the ...
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29 Sep 2021 in National Assembly:
So, that was the biggest limitation in the Bill that the five people that were provided cannot resolve all these tribunal or rental issues that will emanate in the entire country. That became insufficient and that is why we sent the participants back for about a week and after that, they came back to the Committee and brought that proposal. The proposal was taken to the Office of the Attorney-General and the Department for Housing. We found that that was very good because we were also limited, looking at who will fund, where they will get the resources, whether they ...
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29 Sep 2021 in National Assembly:
Number two and very important issue that also came was that the Bill is insufficient in addressing the procedures on how you raise a complaint and resolve an issue. For example, if you are a landlord and there is a problem and you raise a problem, if you look at the Bill as it is, very carefully, they might do what we call ping pong. You take a case to a tribunal, it might not resolve it in good time and there will be a problem. There was a big concern from both the landlords and The electronic version of ...
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29 Sep 2021 in National Assembly:
tenants that the Bill was insufficient in providing for a fair and open procedure for resolving those issues or complaints that emanate from rental of business or residential premises. We are through and we agreed with the Committee that there was actually insufficiency particularly in the Bill as it is. There were a lot of gaps. We asked ourselves, so what do we do? We went through all the Acts of Parliament that are being proposed to be deleted and we found one that provides for a fair way of resolving these issues. That was Distress for Rent Act. We ...
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29 Sep 2021 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker for giving me this opportunity. I am very fortunate to second the debate moved by the Leader of the Majority on this Bill while you are on the Chair. Of course, you know why I say so. As I second, I want to thank the Leader of the Majority Party for summarising the entire Bill. Our practise is that the Chair then gives the reflection or mirror of what happened or transpired during public participation. So that, the House can debate and make informed decisions as we address this, Bill. I would like to ...
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29 Sep 2021 in National Assembly:
The Bill aims to repeal the Distress for Rents Act (Cap 293). This is a very critical and important Bill because in this country and particularly in this House, you are either a landlord, tenant or most likely both. So, it is very critical because it is providing for how to resolve conflicts that might arise between a landlord and tenant. It will be very critical to understand what the Bill has done. That is why we are repealing the Distress for Rents Act (Cap 293). It also attempts to repeal, Rents Restriction Act (Cap 296) and Landlord and Tenant ...
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29 Sep 2021 in National Assembly:
The Bill is putting together two tribunals existing at the moment. We have a separate tribunal that deals with residential houses, resolving issues of conflict that arise from residential houses and another tribunal that deals with rents of business premises. This Bill is trying to consolidate and come up with one tribunal by putting the residential and business premises together. This is for a good reason looking at the concept or context of thinking behind this Bill. This is because in most houses we see nowadays, ground floor is a business premise and second floor or third floor going up ...
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29 Sep 2021 in National Assembly:
If you move to Part I of the Bill, it provides for preliminary matters like any other Bill. More importantly, Part III provides for the establishment, composition, jurisdiction of the landlord and tenant tribunals. The part specifically gives power to the tribunal and provides for the staff. If you go to Part III of the Bill, it gives you the mandate on how these people will resolve issues. Further, Part III, provides for administration of the tribunal which I have just said is putting them together.
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29 Sep 2021 in National Assembly:
Part IV provides for general matters relating to tenancies including fare rents. This question has been elaborated in the Bill, what is a fare rent. If you go to the Report of the Committee, we have analysed this very clearly for ease of understanding of the House and adjudication of this Bill. The Leader of the Majority Party has explained what fair rent is and what a permissible increase is. What determines it can you just increase your rent anytime without factors, no. The Bill attempts to give the conditions upon which you can increase your rent including things like ...
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