A brief guide to the rights and duties of landlords and tenants in Trinidad and Tobago and why you should consult with a lawyer before entering into a lease or agreement Â
What is the legal framework for landlord and tenant relations in Trinidad and Tobago?
The law that governs the relationship of landlord and tenant in Trinidad and Tobago includes both our inherited English common law and various legislation. The legislation includes the Landlord and Tenant Ordinance, various Rent Restriction Acts and the Land Tenants (Security of Tenure) Act. The applicability of each statute or legislation depends on the circumstances. Otherwise, the general law of contract and English landlord and tenant law applies.
In practice, landlords/lessors and their tenants/lessees enter into a written agreement that governs their relationship and sets out their rights and duties and which generally incorporates much of the rights and duties implied by the law of landlord and tenant. Where there is no written agreement, the nature of the tenancy or relationship is determined by law and certain rights and obligations will be implied. Collectively these may cover such matters as duties to repair, rights to sublet, remedies for default, tenant’s rights for quiet enjoyment, non-nuisance clauses, landlord’s right to inspect and notice required to terminate.
What are the rights and obligations of landlords?
Most agreements or leases set out the timing for the payment of rent and the landlord’s remedy for late or non-payment. They may also cover such matters as the rights of the landlord to inspect the premises, either with stipulated advance notice or after receiving notice from the tenant of termination for the purpose of showing the premises to prospective tenants, the right to carry out repairs and maintenance and seek reimbursement from the tenant and to terminate the tenancy on lawful grounds and recover possession of the premises. Landlords may also distrain for arrears of rent, which involves a bailiff seizing the tenant’s personal items and selling to recover rent. They may also sue to recover past rent even after they have recovered possession of the premises.
Landlords have the obligation to allow the tenant quiet enjoyment of the premises, to rebuild in the case of destruction, if so stipulated in the agreement, and to comply with the terms of the tenancy agreement.
What are the rights and obligations of tenants?
Tenants have the right to exclusive possession/occupation of the premises, to use the facilities and amenities, to request repairs and maintenance if the landlord has contractually agreed to same and to a refund of any security deposit paid upon termination where there has been no damage to the premises. There are specific rights given to those to whom one or more of the above referred Acts apply, preventing eviction or rental increases in some cases and giving an option to purchase the property.
Most agreements place considerable obligations upon the tenants. Generally, tenants have the obligation to pay the rent on time, to keep the premises clean and tidy, to effect repairs, to maintain the premises, not to sublet without the landlord’s permissions, to avoid causing damage or nuisance to neighbours or other tenants, not to use the premises for any unlawful means and to comply with the terms of the tenancy agreement.
Eviction
The issue of eviction occurs where the tenancy has been determined and the landlord requires the premises but the tenant does not voluntarily delivery up same. It frequently occurs where the tenant stops paying rent but can also arise, as frequently happens, where a fixed term tenancy has expired and the landlord does not renew same. A fixed term tenancy is one that is stipulated for a set period, e.g. for one year.
A landlord can have a bailiff distrain for rent, in which the bailiff seizes the goods of the tenant to sell to recover unpaid rent. For a residential tenancy if the tenants refuses to vacate generally a court order for eviction is required. As noted above, even after eviction a landlord can still sue for unpaid rent.
Consulting with an Attorney
Parties generally enter into lease agreements without any legal advice. This applies to both landlords and tenants. Many such agreements have not been prepared by lawyers or have been sourced via the internet and apply to the laws of other countries. Similarly, agreements may have been prepared by lawyers but are suited for circumstances that no longer apply. It is therefore important to have your agreement prepared and reviewed by a lawyer to avoid problems or misunderstandings in the future. Tenants should know that the terms of a lease agreement are not cast in stone and may be negotiated. An attorney can not only explain the terms of a prospective agreement but also assist in negotiating an agreement that is fair to the parties.