ATTORNEY General and Minister of Legal Affairs, Anil Nandlall, SC, recently explained the legal duties and liabilities of both landlords and tenants.

He said that it has been reported that tenants are being wrongfully and unlawfully treated by landlords, with increases in rent prices, vandalisation of the rental property and the removal of necessities, such as electricity and water, in order to inconvenience and interfere with the tenant’s enjoyment of the premises.

He stated that Guyana’s rental legislations, such as the Landlord and Tenant Act and Rent Restriction Act allows each group to be held responsible for their actions through statutory regulation framework which govern these relationships, which are of a contractual nature.

The minister pointed out that in these relationships, there are key elements which are specifically regulated by statute and the remainder is governed by our regular laws of contract.

He highlighted that when a premises is rented, a landlord is providing exclusive possession of the rented premises, and the landlord is guaranteeing a peaceful and quiet environment, free of interference from the landlord or anyone else who may be related to them in any way, shape or form.

The tenant is responsible for paying their agreed rent in the manner and at the time agreed upon by the landlord and must not depart from the building with anything they may have received from the landlord in lieu of renting it.

Tenants are advised to not sublet (share apartment) unless the landlord permits such, or if the contract states otherwise, nor are they allowed to carry out any illegal practices. Contracts that clarify that the premises is to be used for one purpose are not to be breached and used for another purpose. For example, a dwelling house is to only be used for dwelling and no other purpose unless otherwise allowed.

As rental prices continue to reach peak levels, Minister Nandlall said rent prices are only to be altered by an agreement between both parties and if one party disagrees, the other party is not permitted to impose a different rental fee without the other’s permission.

In cases of a fixed term of rental, landlords are not liable to terminating contracts if the term is unfinished unless their contractual agreement states otherwise. If rent is to be altered, either party is allowed to seek a magistrate and request legal assistance, according to the AG.

Measures such as the removal of doors from hinges, removal of ceilings/roofs, disruption of light and water sources or any practice, which would encourage the forceful removal of tenants, is illegal and can carry serious punishment by law, he noted.

Further, he explained that if a tenant refuses to move after a magistrate rules in the landlord’s favour, the landlord is still not legally allowed to remove the tenant from the premises. He or she is advised to seek further assistance from a magistrate for an ejectment warrant, to which a bailiff must be present to eject the tenant.

Tenants are mandated to continue paying their rent and both parties are allocated rights and obligations, which can be enforced in a Magistrate’s Court and in the High Court, depending on the urgency and seriousness of the issue.