The Law of Leases

Introduction
This module deals with leases. It is a continuation of our discussion on dispositions affecting
land. In this discussion we are going to focus on leases. It is common for people to rent houses,
apartments or even farms.

The owner of the house is the landlord and the one renting, the tenant. The arrangement between
the landlord and the tenant is regulated by the Land Act Cap 113 [RE 2002] special legal
provisions conferring rights and obligations to the parties.

Terminologies and Concepts

 A LEASE is an interest in land for a fixed period of certain duration in consideration for
payment of rent.
 LEASE is sometimes referred as demise and the property in question as the premises
demised. Tenancy is normally used for interests lasting for a relatively short period only,
while lease is used to indicate a more enduring interest.1
 Under the Land Act, a lease includes a sublease whether registered or unregistered of a
right of occupancy and includes a short-term lease and an agreement to lease. See Sect. 2
of the Land Act.
 The grantor of the lease is known as the lessor or landlord. The grantee of the lease is
known as the lessee or tenant. Lessee" means a person to whom a lease is granted and
includes a person who has accepted a transfer or assignment of a lease, see section 2 of
the Land Act. Under section 78(1) the owner of the right of occupancy has the right to
lease his right of occupancy for a period of time.
 On the grant of a lease, the lessor/landlord retains a reversion which he may assign. The
lessee or tenant may also assign his lease.
 Assign- means transferring the property to someone else for the whole of the period for
which it is held.

1
Lease can also be defined as a document creating an interest in land for a fixed period of certain duration in
consideration for payment of rent.
  The tenant may grant a sublease (or under lease) for some shorter period. The tenant
subletting is known as the sub-lessor and the grantee of the sublease is the sub-lessee.
Where the original lessor and original lessee have both assigned their interests, the new
owners of the reversion and the lease may also be called the lessor and lessee →
Landlord and tenant respectively.2

Essential characteristics of Lease

A lease must have certain essentials. The essential features are hereinafter examined.

(1) The right to exclusive possession.

The tenant must have the right to exclude all other persons from the leased property. A right to
occupy certain premises for a fixed period cannot be a tenancy if the person granting the right
remains in general control of the property e.g. in a boarding-house or lodging a mere lodger has
no tenancy. Also if no defined premises are in question, there cannot be a lease. A contractual
obligation to store goods but the room in which they are kept may be changed from time to time
at the convenience of the owner of the premises have not been regarded as a lease but a license.
 intention to create exclusive possession for a term
 right to exclude all other persons

(2) The duration must be certain in consideration of rent

I.e. the duration of the lease period must be known if not known the agreement must provide that
it can be terminated by either party. Section 78(1) of the Land Act.

(3) Lease must be created in the proper way

Where the law requires certain formalities or procedures to be followed they must be adhered to.
For instance, Section 54(1)3 provides that No lease shall be registered unless exceeds 5years.
Where registration is a must it has to be registered by a deed. Consider the case of Suzan
Figueredo vs Moorings Hotel Co Ltd 4 which was addressing a section in parimateria to section
41 of Cap 334.

2
Read 2, 77 (3) & 78. LA.
3
Cap 334
  Even where a lease is of shorter duration and thus unregistrable it can be protected by
filing a caveat in the appropriate register. According to that case an unregistered
document operates as a contract interpartes and can confer on the party in the position of
intending lessee a right to enforce the contract specifically and to obtain from the
intending lessor a registrable lease-voidable transaction (specific performance).

According to section 78 of the Land Act, the holder of a granted right of occupancy can lease
that right of occupancy or part of it to any person.
• What is crucial in leases is the duration.
i) The duration may be -a definite period,
ii) For the life of the lessor or lessee,
iii) For an indefinite time which can be terminated by the lessor / lessee,

A lease can be created subject to conditions and must be shorter than the right of occupancy out
of which it was created.

 Section 78(2) of the Land Act the maximum term for which any lease may be granted
shall be ten days less than the period for which the right of occupancy has been granted
for a definite period.

The consideration paid in leases is called rent. In determining the amount of rent payable under
a lease, the following need to be considered:- size of the land, use of the land, value of the land
depending on market value; and location of the land and condition of the land or building.5

Classification of Lease
The law in Tanzania recognizes various types of lease some of which are similar to the common
law leases. They may be classified according to duration or nature.

4
(1960)EA 926
5
(sect 78 (3).
Classification on the Basis of Duration
(1) Lease for a fixed period / term of years
Under this type of lease, both the commencement and duration of the lease are certain before the
lease takes effect. Therefore it must have time to start and end.6

(2) Periodic tenancies: These arise where in any lease the term is not specified and no provision
is made for the giving of notice to terminate the tenancy. It includes lease from year to year,
month to month or week to week.7 Where the term is not specified, the tenancy is defined with
reference to the period to which rent is payable.8

Possible Circumstances that can Create Periodic Tenancy

 Apart from the requirement of specific term and absence of provision of notice, there are
other circumstances that are important.
 (i) Where the lessee has remained in possession of the land with the consent of the lessor
after the term of a lease has expired and without alteration of the original period either
expressly or by implication.9 (ii) Where the holder of a right of occupancy permits the
exclusive occupation of the land or any part of it, at a rent without any agreement in
writing. 10

 Although periodic tenancy may be terminated by either party giving notice 11 the length of
the notice must not be less than the period of the tenancy and will expire on one of the
days on which rent is payable.12 In Re Seale,13 it was considered that a demise for 2 years
certain and thereafter from year to year until neither party gives a 3months notice to
determine the tenancy is not determinable at the end of 21 years but is a tenancy for

6
(Sect 78(i))
7
(79) (1) (a) & (b) LA
8
( Sect 79) (3)LA
9
(79 (1) © LA
10
(Sect 79) (2) LA
11
(Sect 79) (4)LA) Read also Singh vs Godley (1942) 20 KLR 57
12
Sect 79 (4)LA.
13
(1912) 1 Ch 610
 3years at least and only determinable by a notice expiring at the end of the 3rd year or
any subsequent year.

(3) Short term leases: section 80 of the Land Act Cap 113 These include:-
i) A lease made for a term of one year or less.
ii) A periodic tenancy for periods of 1year or less
iii) An exclusive possession of land or part of it at a rent without any
agreement in writing. This kind of lease can be made orally or in writing
and does constitute a registrable interest in land. It can be protected by
entering a caveat under part IX of the Land Registration Act or Sect 32 of
the Registration of Documents Act.14

Classification on the Basis of Nature

Under this classification the characteristics or nature of the lease determines its category.

(1) Future Leases/Reversionary leases (interesse termini):

 This is a lease made for a term to begin on a future date not being later than 21 years
from the date on which the lease is executed. 21 years is the maximum duration for which
it can stay pending. Such future lease can be made out of a right of occupancy.

 According to the Land Act and the Land Registration Act, if the commencement of the
lease is more than 5years such a lease must be registered as an encumbrance in the land
out of which it has been created.15 Under this type of a lease the tenant acquires no actual
estate in the land until he has taken possession during the term of the lease. He is just left
with interest in the term (interesse termini). In Doe vs Walker16 it was stated that
interesse termini merely gives a right to have the possession at a future date. It is a right
not an estate. It has all the properties of a right not of an estate. In Lewis vs Baker17 it

14
(Section 80LA)
15
(see sect 83 (1) & (2) LA & sect 55 Cap 334)
16
5B & C III, 118
17
(1905) 1 Ch 46
 was held that a reversionary lease, merely creates an interesse termini until entry
thereunder. It does not enlarge the term of the original lease whatsoever.

(2) Leases terminating at the occurrence of a future event.

This refers to a lease which provides for its termination or permit notice of its termination to be
given on the occurrence of a future event. However, such future event must be capable of
sufficient definition in the lease so that it can be identified when it occurs. 18

(3) Lessee remaining in possession of the land after termination of lease without consent of
the lessor-Tenancy at sufferance. It arises where the tenant holds over after the expiry of his
term.

Holding Over
This occurs when a tenant continues occupying the land. If rent is paid and accepted by the
landlord, it will create a periodic tenancy, the period by reference to which the parties calculate
the rent. In this kind of a lease all the obligations of the lessee under the lease will continue to be
in force until such time the lessee ceases to be in possession. Mere acceptance of rent by the
lessor after the lease has terminated does suffice to imply consent. However, where the lessor
continues for two months to accept rent from the tenant / lessee who remains in possession after
the termination of the lease, will give rise to a periodic lease / tenancy from month to month.19 In
Adler vs Blackburn,20 it was stated that wherein a tenancy agreement for one year, the rent is
expressed to be so much per week and the tenant holds over at the end of the term, only a weekly
tenancy should be presumed not yearly.

Option to Renew
The general rule is that the lease determines when the time fixed has expired. The tenant may
however opt to inform the landlord of his intention to renew the tenancy. In the case of Gardner

18
Sect 81)LA.
19
(sect 82 LA)
20
(1953) 1QB 146
vs Blaxill21 the land lord granted to a tenant a lease of premises for 7 years. The lease contained
inter alia a clause which read ‘…provided that the tenant has reasonably fulfilled the covenants
herein before mentioned, he has the option of continuing for an extension of 7 or 14 years...'
When the 7 years granted by the lease expired, the tenant remained in the premises and paid rent
for the following quarter which was accepted by the landlord. Thereafter the tenant remained in
the premises and paid rent from quarter to quarter. There was no express provision in the lease
that the tenant had to give notice to the landlord if he desired to exercise the option. The
Landlord served a notice to the tenant to quit. The tenant sued for a declaration that he had
validly exercised the option entirely by his conduct in remaining in the premises and paying rent.
The Court held that no notice was necessary before the option was exercised by the tenant.
Having remained in the premises, the tenant indicated that he was exercising the option as soon
as he sent the landlord the rent for the quarter following the expiry of the original 7 years term
granted by the lease and accepting such rent, the landlord must be deemed to have accepted it on
terms that the tenant had exercised the option.22

Incidents of Subleases and Head-leases (section 84-87 of the Land Act)

A lessee can sublet/sublease the land leased or any part of it. Such subletting must get the
consent of the lessor if there was an implied or express covenant in the lease. Where the sublease
is for a term to expire at the same time as that of the head lease or a later date than the head lease
certain rules apply.

• Sublease does not operate as an assignment of head lease to sublease unless stated so. S.
86(2)
• If term of sublease expires after expiry of term of head lease, term of sublease to be
reduced to expire one day earlier than term of head lease. S. 86(3)(a)
• Where term of head lease is extended or renewed beyond term for which sublease was
created, sublease expires at end of original term or sublease can be extended to expire one
day earlier than extended term of head lease/ renewed head lease

21
(1960) 1 WLR 752
22
Read also Sands vs Mutual Benefits Ltd (1971) EA156, Habib Punja vs Agas (1967) HCD 380
and Habib Yusufali vs Abdulsattar Riazidin (1973) EA74
Where lease is entered into by two or more lessors as co-occupiers; or two or more lessees as co-
occupiers (co-tenants), and lease is determinable by notice. Notice must be given by (all the
lessors) and to all co-occupiers (co-tenants), unless agreed expressly or by implication by all
parties to lease or it is implied otherwise. S 85
The Agreement
Lease is a form of contract. The consideration is called rent.
To determine amount of rent payable under a lease, need to consider:-
• size of the land,
• use of the land,
• value of the land depending on market value and
• location of the land and condition of the land or building Sec 78(3)LA
Basic Clauses
• Date of execution of the Lease
• Parties: Capacity to contract
• Subject Matter:
Legal Description: Time& Use Classification
Physical Description: Planning area, property inventory, Immovable and chattels,
• Duration of lease/type of lease
• Purpose of lease
• Consideration: Rent
Mode of payment: Monthly/Annually/Lump sum/Instalment
• Terms of the Contract
 Date of Delivery of possession
 Covenants by lessee
 Covenants by lessor
 Option to renew
 Attestation
Rights and Obligations in Leases
Lessor's Rights
The lessor is entitled to payment of rent, taxes and other outgoings for any parting by the lessee
with the possession of the leased premises or any part thereof. Such consent should not be
unreasonably withheld. Parting with property includes assignments of lease, subleasing,
mortgaging etc.23

Lessor's Liabilities
(i) Implied Covenant for quite enjoyment. Covenant for quite enjoyment does not refer to noise.
When the tenant or lessee has fulfilled all conditions contained or implied in the lease he is
entitled to peaceably, quite possession and enjoyment of the land leased without any interruption
from the lessor or any person claiming through him. The lessee once has fulfilled his obligations
is entitled to protection from interference with his possession as promised i.e lessor removing
windows and doors of the leased premises.24

In Southwark LBC vs Mills25 the tenants in a local authority block of flats complained that due to
inadequate sound insulation they could hear all the sounds made by the neighbours and that it
was causing them tension and distress. However, the tenants had accepted the flat in the physical
condition it was found...there was no substantial interference with the possession. The court held
that the covenant for quite enjoyment is a covenant that the tenant's lawful possession of the land
will not be substantially interfered with by the acts of the lessor or persons lawfully claiming
under him.

In Owen vs Gadd26 the landlord demised to the plaintiff a ground floor shop, reserving the floor
above the shop. The tenant covenanted to use the demised premises for certain specific retail
trades and the lease contained a common form covenant by the landlord of quite enjoyment.
Three days after the grant of the lease, contractors, instructed by the landlord erected on the
pavement in front of the shop scaffolding for the purpose of carrying out repairs to the landlord's

23
S 56(2) Cap 334, S.88 (1) (a) LA
24
S. 88(1) (a) LA & sect 56 (2) Cap 334
25
(2001) AC 1
26
(1956)2QB 99
upper premises. It was not disputed that access to the tenant's shop window was to some extent
obstructed by the scaffolding. The landlord tried to minimize the damage and the repairs were
completed and the scaffolding removed in under a fortnight. The tenant claimed damages for
breach of the landlords covenant for quite enjoyment. The court held that for interference to
amount to a breach of quite enjoyment it must be substantial, the scaffolding and the poles
constituted substantial interference with the demised premises.

In Budd-Scott vs Daniel27 the plaintiff agreed to let to the defendant a furnished house for a year.
The memorandum contained no other words of let and no express contract for quite
enjoyment…at the expiration of the tenancy the plaintiff brought an action against the defendant
for dilapidation, the defendant counter-claimed for damages for breach of an implied covenant
for quite enjoyment. It was held that upon the letting of a house by the lessor, quite enjoyment is
to be implied from the mere relation of landlord and tenant. Whether there has or has not been
breach of covenant or undertaking for quite enjoyment it is a question of fact.

In Festo Ngowi vs R28 the appellant was found guilty of wilfully subjecting tenants to annoyance
by disconnecting electricity supply to the tenant.

(ii) Non-derogation from the grant.29 Where the landlord has undertaken to grant the tenant a
lease for a specific purpose, he must not do acts inconsistent with that purpose which may render
the leased land unfit/materially less fit for the specific purpose i.e using adjoining land or
neighbouring land of which he is a proprietor or lessor in derogation from the applied purpose. 30
In Aldin vs Latimer Clark Murhead and Co31 land was let for use as a timber yard and included a
shed used for drying timber and therefore requiring a free flow of air through it. The landlord
built on the neghbouring land he owned in such a way as to obstruct the free floor of air and thus
prevented the timber merchant from using the land for the purpose for which he had leased it.
The landlord's action amounted to breach of his covenant not to derogate from his grant.

27
(1902)1KB 35.
28
(1974) LRT 26 See also R vs Abdulrahaman Simon (1972) HCD 182.
29
S 88(1)(b) LA & S 88 (1) (f)LA
30
Kenny vs Preen (1963) 1QB 499
31
(1894) 2Ch 437
In Grosvenor Hotel Co vs Hamilton32 in an action by the lessor for rent; the lessee counter
claimed for damages from a nuisance caused by the lessor. It appeared that the lessor during the
lease had pumped water from the land adjacent to the demised premises by means of powerful
engines which caused the tenant's house to be damaged by the vibration caused by the engines to
the extent that the premises became useless to him and that he was obliged to move his business
to another house and as a result incurred expenses. At the commencement of the term the house
was old and unstable but a house of ordinary suitability would have been injured by the
vibrations. It was held that the plaintiff was liable for damages under the counterclaim for there
was an implied obligation on his part not to derogate from his grant by using his adjoining
property so as to interfere with the suitability of the premises which he had let. In Latimer vs
Jumbil Tin Areas Ltd33 land was leased expressly for the storage of explosives and then the
landlord decided to build on his neighbouring land, which would have made the storage illegal.
The tenant was able to prevent the building.34

In Robinson vs Kilvert35 the landlord created heat which caused nuisance that destroyed the
tenant's papers and it was held that the landlord had breached an important obligation. But the
tenant must express to the landlord the purpose of the lease otherwise the landlord cannot be
liable. Acts which constitute violation are those of the lessor / person claiming through him so
the tenant has no remedy for parties whose title is paramount to that of the landlord.36 The above
two covenants were considered to be the essence of a lease, the counterpart of the tenant's right
to exclusive possession. If they are not expressed in the lease, they are implied by section.37

(iii) Covenant to repair (building). The landlord has an obligation to ensure that the leased
property eg building is in a ‘proper state or repair.' For instance he must keep the roof, all
external and main walls and main drains, common parts and common installations and common

32
(1894) 2QB 836
33
(1921) 1Ch 200
34
Read also: Herz vs Union Bank of London 2 Giff 686
35
(1889) 41Ch D 88
36
Jones vs Lavington (1903)1KB 253 CA
37
88(1)LA
facilities including common passages and walkways in a proper state of repair. This covenant is
fundamental to the lease of a building or part of a building. Whether the burden of this covenant
falls on the landlord or the tenant will depend on the kind of property and the length of the lease.
In most cases periodic tenancies for a year or less the tenant just has to use the property in a
tenant-like-manner. With regard to a weekly tenancy -tenant-like-manner may imply cleaning the
windows and unblocking the sinks. In Warren vs Keen38 it was stated that the tenant must do the
little jobs about the place which a reasonable tenant would do. He must not damage the house but
if it falls into disrepair through wear and tear or lapse of time or for any reason not caused by
him the tenant will not be liable to repair. The covenant does not call the landlord to correct
some design defect but to avoid keeping the property in a state of disrepair.39

(iv) Fitness for human habitation covenant. (No distinction between furnished and unfurnished
premises). This covenant requires that the landlord of a dwelling house, flat or room to keep it fit
for human habitation at the start and throughout the lease.40 Under the Common Law there is no
implied covenant for fitness of habitation except where the premises let were furnished. 41 In the
case of Smith vs Marrable42 it was stated that where the premises let were furnished it implies
that they are fit for human habitation. But in Sarson vs Roberts43 it was stated that if premises
were fit while let the landlord has no obligation to do anything else.

(v) Covenant to render the premises fit for occupation and use. In the event the leased premises
or any part of them / it are / is destroyed or damaged by- civil commotion; natural disaster; (vis
major) ie earth quake, flood, lightning, explosion; or other accident not resulting from negligence
of the tenant / his invitees or employees, the landlord is required to repair and make them fit for
use and occupation. If the property is damaged to the extent that it is unfit for occupation or use;
the tenant can suspend paying rent and any contribution payable by him or a just proportion of

38
(1954) 1QB 15
39
S 88(1 (c)
40
(s 88 (1) (d))LA
41
see Hart vs Windsor (1844),
42
(1843)-
43
(1895)-
the rent / contribution until the premises is render fit for occupation and use. If the premises have
not been made fit within 6 months of their destruction or damage the tenant may at his option
and upon a one month notice terminate the lease.44

(Vi) To pay all rates, taxes, dues, and other outgoings payable in respect of the land leased.45
This is also a crucial covenants implied in leases that the land lord undertake to pay all outgoings
relating to the leased premises.

Liabilities of the Lessee

It is useful to note that the liabilities of the lessor constitute corresponding rights to the lessee
and vice versa. Among the rights of the lessee is entitlement to quite possession provided he
obeys the agreement and conditions contained or implied in the lease as stated hereunder.
(i) Covenant to pay rent; the tenant must pay any reserved rent by the lease at the time and the
manner specified. Failure will lead to termination of the lease by the landlord although he must
give a notice of intention to terminate.46

(ii) Not to commit waste or use the land in a sustainable manner and according to conditions
imposed by the lease OR in the right of occupancy from which the lease was created including
not to cut down, injure or destroy any living tree (s) on the land unless the purpose of the lease
cannot be carried out without such acts.47 In Marsden vs Heyes48 it was held that the tenant must
use the premises in a tenant-like manner.49

(iii) Covenant to permit the lessor to enter to inspect (or repair).50The tenant is required to allow
the landlord at all reasonable times to enter personally or through agents, to inspect the condition
of the leased land/premises and carry out repairs. However, in doing so the landlord must not

44
S 88 (1) (e)LA
45
S 88(1)(g)LA
46
(s 89 (1) a & S 88 (2) (b) LA.
47
Sect 89 (1)(b) LA & sect 56 (1)Cap 334 (b)
48
(1927)2KB 1
49
Read also Wood vs Porter (1916) 2KB 91
50
(see also right to re-enter and right to view)
unreasonably interfere with the occupation and use of the land/premises demised. He must also
give a reasonable notice. 51

(iv) Yield up the land and buildings. The tenant is required to surrender the land and buildings in
the same condition they were at the beginning of the lease. However, the tenant is not bound to
repair damage or restore land and buildings to the condition they were if any deterioration was
caused by: reasonable wear and tear (exhaustion out of reasonable use), natural disasters, eg
earthquakes, lightning, volcanic eruptions etc, civil commotion eg riots and accidents not
resulting from the negligence of the tenant or his invitees and employees e.g fire outbreak. 52 In
Redmond vs Dainton53 for instance a tenant had covenanted to pay rent but the house was
destroyed by bomb.

(v) To repair (buildings). This is subject to the landlord obligation to fitness of human habitation
and repair. The tenant is required to keep all buildings comprised in the lease in a reasonable
state of repair and with regard to the condition of the building and materials which it was
54
composed of at the commencement of the lease. Reasonable state of repair means in such a
state of repair as that which a prudent owner, might reasonably be expected to keep his own
building with regard to age, character and locality of the building. The tenant is not expected to
put the building/part of it into a better condition than it was at the commencement of the lease. 55
The state of repair suitable to a bungalow in Musoma is different from that which may be
appropriate to a house in DSM. The character of the building refers to the type of house. The
state of repair appropriate to a bungalow differs with that appropriate to a labourer's cottage on a
sisal/cotton estate. The character must be that of a house at the commencement of the lease. Age
of the house is material because the house should be kept in a state of repair suitable to its age.
Repairs of an old house may import the need to renew it but not to reconstruct it i.e replacing
subsidiary parts. This will not amount to reconstruction. He is however not under duty to
reconstruct foundations.

51
52
S 89(1)© & 89(1)(j)LA
53
(1920) 2KB 256.
54
S 89 (1)(e),(f)),(h) and (d)LA.
55
S 92LA.
(vi) Not to transfer, mortgage or sublet without permission: (Restraint on Alienation). There is an
implied covenant that the tenant cannot transfer or sublet or part with the possession of the leased
land or building or part of it without the previous written consent of the landlord. Such a consent
must not be withheld without reasonable justification.56 Where a lease states that the parties will
be bound by the usual covenants or if the lease is silent as to most matters the usual covenants
are implied.57

Remedies for Breach of Covenants

• Usual remedies available to any contractual parties are obtainable
• Parties can sue for damages or specific performance.
• Apply for injunction to restrain a threatened breach or a continuing breach.
• Lessee can apply to court to restrain lessor and / or third party acts from interfering with
quite enjoyment of his leasehold interest
• Lessor can apply to court to enforce repairs of the premises he is entitled to against lessee
Lessor can apply to restrain the reversion.

Land Lord’s Remedies:

• For non-payment of Rent – See Ss 102, 103, 105, 106 & 109(1)
• Tenant’s Remedies:
• See S 109(2)
• Who may bring Action:
• See S 107(2)
• Determination of Application:
• See S 108(1)
• Court Relief:
• See S 108(2)

56
(s 89 (1) (i) & S 93LA.
57
I.e those covenants in sections 88 & 89. See sect 91
Who May Apply for Relief?
An application for relief may be made by the landlord for an order of termination of the lease.58
An application for relief against an order of termination of a lease may be made by:- the lessee,
one of the co-occupiers/tenants or more in their behalf, a sublessee, a mortgagee for the lessee or
a sublease or the trustee in bankruptcy of the lessee.59

Where an application was made by one co-tenant, it must be served on all other co-
occupiers/tenants (unless directed otherwise by the court).60 Any person with an interest in the
leased land/buildings subject of the application is entitled to a notice of termination by the
landlord. If he is not served and his claim is reasonable, he may apply to the court for extension
of time to enable him make an application for relief.61 An application for relief by the tenant or
other person applying for relief should not be taken to be admission that:- (i) there has been
a breach,
(ii) the lessor has right to terminate the lease
(iii) that the period of notice for remedying the breach was reasonable and has
expired.62 An application for relief is made to the District Land and Housing Tribunal.

Determination of Application
Whether to grant an order of termination for breach of other conditions or relief against such an
order the court must consider:- the gravity of the breach (breach of any written law),
reasonableness of an action to be taken (taking int account age, condition and location of the
building), reasonableness of the amount of compensation required to be paid, any contributory
breach by the landlord, a degree of forbearance by the landlord to other breaches, age, means and
circumstances of the landlord and the tenant including his health and the number of dependants
ie if the tenant will be left landless/homeless, if the tenant will have means of providing for
himself and his dependants or spouse (s) of the tenant will suffer, any alternative remedy that can

58
(Sect 107) (1)LA
59
(Sect 107) (2)LA
60
(107(3)
61
(Sect 107) (4)LA
62
(Sect 107) (5)LA
be applied in the circumstance, interests of all parties other than tenant and his dependants, any
other matter which the court considers appropriate and reasonable.63

Relief from the Court

The court has the discretion to:- (i) cancel, vary or postpone the order, (ii) extend the period of
time for compliance by the tenant, (iii) alter the amount of compensation, (iv) substitute a
different remedy to that specified by the landlord or a different time for taking or desisting from
taking action, (v) provide that any arrears of rent or other payments due be paid in instalments at
times determined by the court; (vi) require both landlord and tenant remedy any breaches they
are liable to; (vii) confirm the notice despite procedural errors (where an person applying for
relief is made aware and no substantial injustice will occur). 64

Unlawful Eviction
Unlawful eviction can arise where a tenant has been evicted contrary to the breach of express /
implied terms or conditions in a lease or the tenant has failed to obtain possession of the
land/building/part thereof at the commencement of the lease. Such a tenant is not bound to pay
any rent / monies due under the lease. 65

63
Sect 108) (1) (a-j)
64
(sect 108) (2) LA
65
(S 110) LA