The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | The Physical Infrastructure Committee of parliament is scheduled to conduct public hearings on the Landlord and Tenant Bill. The Lands, Housing and Urban Development Minister, Betty Amongi Ongom tabled the bill in November 2018.
The Committee that is chaired by Nakifuma County MP, Robert Kafeero Ssekitoleko has already invited the minister and Lands Ministry officials to make their submissions on the bill on Tuesday next week.
Public hearings will commence on Wednesday in line with a ruling from the Speaker, Rebecca Kadaga that the public be engaged in the discussion of such bills and other parliamentary business to boost confidence in the legislature.
The Landlord and Tenant Bill is split in ten parts with 56 clauses. It seeks to regulate the relationship between landlords and tenants, to reform and consolidate the law relating to the letting premises, to provide for responsibilities of landlords and tenants in relation to letting of premises and related matters.
It applies to residential and business premises and not to residence in medical, religious, educational, recreational, transient lodging or hotel premises.
Part two and three of the Bill provide for tenancy agreements and terms and conditions in tenancy. Agreements may be in writing or partly by word of mouth, in the form of a data message or implied from the conduct of the parties.
However, the bill proposes that agreements of value of UGX 500,000 will not be enforceable unless it is on record and acknowledged by the party that must enforce it. The landlord can terminate an agreement when a tenant abandons premises for at least thirty consecutive days without notifying the landlord and the rent hasn’t been paid.
The Bill also specifies duties of tenants and landlords. Tenants are prohibited from using premises for unlawful purposes; causing nuisance or interference including activities, conditions or conduct that interferes with another person’s use or enjoyment of the premises; damaging premises or common areas and not allowed to make alterations or renovations on rented premises without the landlord’s consent.
Landlords are expected to ensure premises are safe and free of health hazards and not allowed to refuse to rent on grounds of sex, religion, race, tribe, social or economic standing, and political opinion among others.
It also seeks to provide that all rent transactions are conducted in Shillings unless agreed by the parties and that a landlord shall not require a tenant to pay rent more than three months in advance in the case of tenancy of more than one month or to pay rent more than two weeks in advance where it is a tenancy of less than a month.
It also seeks to stop landlords from increase rent at a rate of more than 10 percent or as prescribed by the minister and also requires landlords to give tenants at least ninety days’ notice of a proposed increase in rent except in the case of a tenancy at intervals of less than a year.
Clause 27 (7) states that a landlord who serves a notice, which contains falsehoods or misleading material commits an offence and can be fined UGX 480,000 or serve one year in prison or both. The Bill also seeks to repeal the Distress for Rent (Bailiffs) Act, Cap.76, which empowers only the landlord or an attorney of a landlord to act as a bailiff to levy any distress for rent.
The bill also seeks to repeal the Rent Restriction Act, Cap.231 and proposes that the landlord may apply to court to recover rent owed but he or she cannot evict a tenant without a court order.
Clause 49 provides that a landlord who evicts a tenant without a court order is liable on conviction to a fine not exceeding UGX 3 Million or imprisonment not exceeding one year or both.
In addition to the penalty, court shall order the landlord to compensate the tenant for damages arising from unlawful eviction. Clause 51 of the bill states that a landlord who subjects a tenant to annoyance is liable to a fine not exceeding UGX 3 Million or imprisonment not exceeding one year or both.
Landlords may enter premises after giving twenty-four hours’ notice to the tenant to view the condition and state of the premises or necessary purpose.
It provides penalty of a fine not to exceeding Shillings 2 million once a landlord is convicted for entering premises without giving tenant notice of twenty-four hours.
