CHAPTER 339
RENT RESTRICTION ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Application.

   3.   Interpretation.

   4.   Application to licensee in certain cases.

   5.   Application to occupation under certain options and agreements.

PART II
HOUSING APPEALS TRIBUNAL AND REGIONAL HOUSING TRIBUNALS

   6.-11.   [Repealed.]

   12.   Powers of the Tribunal.

   13.   [Repealed.]

   14.   Proceedings of the Tribunal.

   15.   Tribunal to keep register.

PART III
RENT AND REGULATION OF TENANCY

   16.   Definition of expression "standard rent".

   17.   Standard rent as from effective date.

   17A.-18.   [Repealed.]

   19.-22.   [Repealed.]

   23.   Penalty for accepting excess rent or advance of rent.

   24.   [Repealed.]

   25.   Limitation as to permitted increases in rent.

   26.   Notices under the Act effective as notice to quit.

   27.   Restriction on right of possession.

   28.   Restriction on levy of distress for rent.

   29.   Restriction on premiums.

   30.   Limitation on rent of premises let with services.

   31.   A statement to be supplied as to standard rent.

   32.   Recovery of sums made irrecoverable.

   33.   Failure to supply rent book and penalty for false entry.

   34.   Conditions of statutory tenancy.

   35.   Penalty for depriving tenant of service.

   36.   Notification of valuation.

   37.   Repairs.

   38.   Restriction on right to assign or sub-let premises.

   39.   Sub-letting by tenant.

   40.   Penalty for subjecting tenant to annoyance.

   41.-42.   [Repealed.]

PART IV
APPEALS AND MISCELLANEOUS PROVISIONS

   43.   [Repealed.]

   44.   Power of the Housing Appeals Tribunal.

   45.   Appeals to the High Court.

   46.   Failure to comply with or observe order or decision of Tribunal.

   47.   Protection of members of the Tribunal.

   48.   No agreement to be made at variance with Act.

   49.   Chairman may be empowered to exercise powers of the Tribunal.

   50.   Determinations, orders, etc., of the Tribunal to be enforced as court decree.

   51.   Regulations.

   52.   [Repeal of R.L. Cap. 479 and saving of subsidiary legislation.]

   53.   Saving of pending proceedings and orders.

CHAPTER 339
THE RENT RESTRICTION ACT

An Act to provide for rent restriction and to establish Regional Housing Tribunal and Housing Appeals Tribunal and for related matters.

[7th June, 1984]

G.N. No. 433 of 1985
Acts Nos.
17 of 1984
10 of 1986
10 of 1989
5 of 1990
13 of 1996
2 of 2002

PART I
PRELIMINARY PROVISIONS (ss 1-5)

1.   Short title

   This Act may be cited as the Rent Restriction Act.

2.   Application

   (1) This Act shall apply to all dwelling houses and commercial premises, furnished or unfurnished, situate or in course of creation or hereafter to be erected in any rent restriction area in Tanzania Mainland, other than–

   (a)   premises which are the property of the Government, a parastatal organisation or of a local authority, where such premises are used by or are for use by employees of the Government, the parastatal organisation or the local authority; and

   (b)   any premises, or class of premises, in Mainland Tanzania, which the Minister may with approval of the National Assembly signified by a resolution, by order published in the Gazette, exempt from all or any of the provisions of this Act.

   (2) The Minister may, from time to time, by notice published in the Gazette, suspend the application of all or any of the provisions of this Act to any area of Mainland Tanzania to which such provisions previously applied, and may after any such suspension apply any provision of this Act to such area.

   (3) For the purposes of this Act, premises on land for a Government lease or land held subject to right of occupancy shall not be premises which are the property of the Government, and the provisions of this Act relating to landlord and tenant shall not apply in relation to the Republic in its capacity as landlord of land held for a Government lease or to a person, who holds a Government lease in his capacity as a tenant of the Republic.

   (4) Nothing in this Act shall apply to the relations subsisting between a mortgagor and a mortgagee in such capacity.

3.   Interpretation

   (1) In this Act, unless the context otherwise requires–

   "Chairman" includes a Deputy-Chairman;

   "commercial premises" means a building or part of a building let for business, trade or professional purposes or for the public service where such letting does not include land other than the site and curtilage of such building or part of a building and comprised in the letting;

   "construction date" means the date when the premise was constructed;

   "the court" means a court of a Resident Magistrate;

   "dwelling house" includes hostel and any house or a part of a house or room let as a separate dwelling (whether or not such house, part of a house or room occupied by one or more tenants and whether or not the terms of the letting include the use of the other accommodation in common with the landlord and other persons) where such letting does not include any land other than the site of the dwelling house and garden or other premises within the curtilage of the dwelling house;

   "effective date" means the date when this Act comes into operation;

   "High Court" means the High Court (Land Division);

   "landlord" includes, in relation to any premises, any person, other than the tenant, who is or would be, but for the provisions of this Act, entitled to possession of the premises and any person from time to time deriving title under the original landlord, and any person deemed to be a landlord under section 4 or section 5;

   "let" includes sub-let and any arrangement deemed to be a letting under section 4 or section 5;

   "local government authority" means a city council, municipal council, town council, district council or township authority or village council having jurisdiction in any city, municipality, district, township or village in which any premises are situated and in relation to premises in any area other than a city, a municipality, a town, a township, a district or such officer or authority as the Minister may, by notice in the Gazette, declare to be a local authority for the purposes of this Act;

   "Minister" means the Minister responsible for Housing;

   "premises" means any dwelling house or commercial premises to which this Act is applied by subsection (1) of section 2;

   "rent" include any sum paid as valuable consideration for the occupation of any premises and any sum paid as rent or hire for the use of furniture or as a service charge where premises are let furnished or where premises are let and furniture in them is hired by the landlord to the tenant or where premises, furnished or unfurnished, are let with services, and also includes any consideration deemed to be rent under section 4 or section 5;

   "rent officer" means an officer of the Ministry responsible for house rents appointed for the purposes of administering this Act;

   "rent restriction area" means an area within the jurisdiction of any District Council or Township Council established under the Local Government (District Authorities) Act *, or City Authority, Municipal Council or Town Council established under the Local Government (Urban Authorities) Act *;

   "replacement cost or value" means the cost of providing an acceptable substitute property at the time of valuation, less an allowance of accrued depreciation and obsolescence in the same place or elsewhere;

   "service" means in respect of any premises the use of water, light or power, conservancy, sewerage facilities, sweeper, watchmen, telephone or other amenity or facility available to any premises save and except the supplying of meals, and the right of access to any place or accommodation accorded to a tenant by reason of his occupation of the premises;

   "service charge" means a charge for any service rendered;

   "standard rent" in relation to any premises has the meaning assigned to it by section 16;

   "statutory undertaking" and "statutory duties or powers" include respectively any undertaking established and any powers or duties imposed or exercised under any order having the force of law;

   "tenant" includes any person deemed to be a tenant under section 4 or section 5 and a sub-tenant and any person from time to time deriving title under the original tenant, and the widow of a tenant who was residing with him at the time of his death, or where the tenant has no widow or is a woman, such member of the tenant's family so residing as may be decided upon by the tribunal not withstanding that the right under the tenancy may have passed on in tenant's death to some other person, and, in the case of commercial premises of which the landlord could, but for the provisions of this Act, have recovered possession, includes the legal representative of a deceased tenant or other person entitled to carry on or wind up the business of a deceased tenant, for such period as the tribunal may decide to be reasonable necessary for winding up the business of a deceased tenant;

   "tenancy" includes sub-tenancy and shall bear a similar construction to that given to the expression "tenant";

   "the Tribunal" means the District Land and Housing Tribunal.

   (2) For the purposes of this Act, premises shall be deemed to be used as a dwelling house when such premises, although used by the tenant partly for business, trade or professional purposes or for public service, are used by him mainly as a dwelling house; and conversely premises shall be deemed to be used as commercial premises when such premises, although used by the tenant partly as a dwelling house, are used by him mainly for business, trade or professional purposes or for the public service.

4.   Application to licensee in certain cases

   (1) Subject to the provisions of subsection (2), where pursuant to the permission of the owner of any land given in that behalf for valuable consideration, any person (hereafter in this section referred to as the licensee) enters on such land and builds thereon and occupies a dwelling house, then, for the purposes of this Act, the licensee shall be deemed to be the tenant of such dwelling house and the owner of such land shall be deemed to be the landlord thereof and the said consideration shall be deemed to be rent, and the provisions of this Act shall, in all respects, apply as if such dwelling house were let by such owner as landlord to the licensee as tenant.

   (2) The provisions of this section shall apply only–

   (a)   to an area to which the provisions of this section have been applied under the provisions of subsection (3); and

   (b)   where the value of the dwelling house occupied by the licensee as aforesaid in such an area does not exceed such amount as may be prescribed.

   (3) The Minister may, by order published in the Gazette declare that this section shall apply to any rent restriction area and thereupon this section shall apply to that area.

   (4) An order made under the provisions of subsection (3) shall be laid before the National Assembly.

   (5) For the purposes of subsection (1)–

   (a)   "owner" includes any person, other than the licensee, who is or would be, but for the provisions of this section, entitled to possession of the land, and any person from time to time deriving title under the original owner; and

   (b)   it shall be immaterial whether the permission given by the owner is express or implied, oral or in writing.

5.   Application to occupation under certain options and agreements

   (1) Where, in any rent restriction area–

   (a)   any person has entered into occupation of any premises in pursuance of a licence, being a person to whom an option to purchase those premises or associated premises was granted (whether before or after or at the time of the granting of the licence), and either the licence is revoked or the licence expires on the expiry, or by reference to the expiry, of the option period without any agreement for the purchase, or any purchase of the premises or such associated premises having been concluded or completed between the parties; or

   (b)   any person–

      (i)   has entered into occupation of any premises which he has agreed to purchase under an agreement which provides that part of the purchase price shall be paid in advance of the remainder thereof; or

      (ii)   has entered into occupation of any premises associated with any premises which he has so agreed to purchase; or

      (iii)   has entered into occupation of any premises in the circumstances to which paragraph (a) of this subsection relates and continue in occupation of those premises or associated premises in connection with any such agreement to which the foregoing provisions of this paragraph relate,

      and such agreement is avoided by reason of the failure of the occupier to pay the balance of the purchase price or the refusal or failure of either party to do any act necessary for completion,

the occupier may apply to the tribunal for a declaration that his occupation shall be deemed to have been a tenancy; and on any such application, the tribunal shall, unless the person who granted the option or entered into the agreement to sell, as the case may be (hereinafter in this section referred to as "the grantor"), satisfied the Tribunal that such option or agreement was granted or entered into in good faith and that the transaction was not designed to grant the occupier a temporary period of occupation of the premises, possession thereof, otherwise than subject to the provisions of this Act, make such declaration accordingly:

   Provided that in any case to which paragraph (b) refers, where the agreement is avoided within ninety days of the making thereof, the Tribunal shall not make a declaration under this section unless it is satisfied, by or on behalf of the applicant, that such option or agreement was not granted or entered into in good faith and that the transaction was designed to grant the occupier a temporary period of occupation of the premises, and to enable the grantor to recover possession thereof otherwise than subject to the provisions of this Act.

   (2) Where the Tribunal makes a declaration under subsection (1)–

   (a)   the occupier shall be deemed to have been and to be the tenant of the premises, the grantor shall be deemed to have been and to be the landlord of the premises, and the consideration given for the licence and option or the part payment shall be deemed to have been rent for the period up to the revocation or expiry of the option or the avoidance of the agreement as the case may be;

   (b)   where the sum deemed, in accordance with paragraph (a) of this subsection, to be the rent exceeds the sum of the standard rent for such premises; during the same period, the excess shall be recoverable from the landlord or his legal personal representative by the tenant, and any such sum may, in addition to any other method of recovery, be deducted by the tenant from any rent payable by him to the landlord;

   (c)   the Tribunal shall, unless it makes an order for the recovery of possession or ejectment against the tenant under section 34, determine the terms and conditions of the tenancy, and in determining such terms and conditions shall give effect, so far as the same are not inconsistent with the tenancy and this Act, to the terms and conditions as in its opinion are just; and the terms and conditions so determined shall, for the purposes of section 34 be deemed to be the terms and conditions of the original contract of tenancy.

   (3) The making of any declaration under subsection (1) or the determination of any terms or condition under subsection (2) shall not render the landlord or any person acting on his behalf liable to prosecution for any offence against this Act in respect of any act or omission of such act landlord or any person before the making of such declaration, if such act or omission would not have constituted an offence but for such declaration or determination.

   (4) Where any application is made to the Tribunal under subsection (1) of this section, and proceedings are pending for the recovery from the applicant of possession of any premises to which such application relates or for the ejection of the applicant therefrom, the proceedings shall be stayed pending the determination of such application.

   (5) In this section "occupier" includes the widow of the occupier and such members of the occupier's family as would, were the occupier a tenant within the definition thereof set out in section 3(1) be included in that definition.

   (6) For the purposes of this section "premises" shall be deemed to be associated with other premises if either form part of the other or are contained within the same cartilage as the other.

PART II
HOUSING APPEALS TRIBUNAL AND REGIONAL HOUSING TRIBUNALS (ss 6-15)

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