The Fair Rent Tribunal in Mauritius: How It Works

The Fair Rent Tribunal no longer exists. The Landlord and Tenant (Amendment) Act 2020 expressly abolished it and transferred the current fair-rent jurisdiction to the District Court for applications made on or after 1 January 2021. Any page or form directing a new applicant to the Tribunal, quoting its old filing fee or describing a fresh Tribunal appeal is obsolete.

The 2020 abolition and current forum

Act No. 16 of 2020 was enacted specifically to provide that the Tribunal would cease to exist. Its amendments removed the Tribunal from the Landlord and Tenant Act and replaced it with “Court”, defined as the District Court of the district where the premises are situated. Transitional provisions preserved unfinished Tribunal matters from before 1 January 2021; they do not reopen the institution for new cases.

For a current application, identify the district by the location of the rented premises and use that District Court’s procedure. The article’s historical title is retained so that readers following old references reach the correction. General filing concepts appear in the court-filing guide, but the Landlord and Tenant Act supplies the specialised rent jurisdiction.

Which rent applications the District Court determines

Under the amended section 10, landlord or tenant may ask the Court to determine fair rent for premises let after 15 August 1999, or the market rent of business premises let on or before 1 July 2005. The Court may also review an agreement made between landlord and tenant after 15 August 1999. These dates and categories are part of the statutory gateway and should be checked against the lease history before filing.

Not every disagreement about a tenancy is a fair-rent application. Deposit repayment, termination, possession, repairs and alleged breaches may engage different provisions or remedies. Likewise, a rent case does not establish the boundary of the property or decide a separate publication complaint covered by defamation law. Define the issue before selecting the form and evidence.

How the Court assesses fair rent

Section 11 lists the factors the Court must consider: the premises’ location; age, quality, character and type; state of repair; improvements made by the tenant with the landlord’s consent; the need for a reasonable return on the landlord’s capital expenditure and investment; and market rent for comparable premises in the vicinity. A bare assertion that “nearby rents are higher” does not address all of those factors.

Comparable evidence should identify the address or locality, permitted use, floor area, condition, facilities, lease date and included charges so that differences can be explained. Photographs, plans, repair invoices, consent to tenant improvements, the lease, rent receipts and valuation evidence may each address a statutory factor. An asking price in an advertisement is not necessarily evidence of rent actually agreed.

Preparing an application or response

Begin with the complete tenancy chronology: initial letting date, every written variation, rent changes, use of the premises and any interruption or renewal. Obtain the lease, proof of ownership or authority, payment record, correspondence, notices, plans and inspection material. If the case concerns business premises, document the authorised use without treating the tenant’s turnover as a substitute for the statutory assessment.

Suppose a shop in Quatre Bornes was first let before July 2005, but the parties signed a replacement document years later and dispute whether it was a new letting or a variation. That history may affect the statutory category. The application should disclose both documents and the actual occupation instead of quoting only the date that appears most convenient.

Rent payments while the case is pending

The amended section 10 requires the tenant, while a fair-rent application is pending, to continue paying the rent claimed by the landlord. If the Court ultimately fixes a lower rent, it may order the excess to be refunded to the tenant or treated as a credit against future rent. Stopping payment in order to create leverage risks a second dispute and is not what the provision directs.

Keep proof for every interim payment and describe the rental month in the transfer reference. If the amount claimed is contested, preserve the landlord’s demand and the tenant’s response while complying with the court process. The broader guide to tenant rights in Mauritius explains other tenancy questions that may continue alongside the rent application.

Review of an existing fair-rent decision

The Court does not ordinarily review its fair-rent determination until three years have elapsed. Section 12 permits an earlier review where material circumstances have changed, where fraud, mistake or misrepresentation affected the decision, where material evidence has emerged that could not with reasonable diligence have been produced earlier, where absence was through no fault, or where substantial injustice would otherwise result.

An application for review should therefore identify the precise statutory basis and evidence, not simply repeat dissatisfaction with the figure. After the three-year period, updated comparable rents, condition and investment material should be tied to the factors in section 11. The review provision concerns the rent determination; it is not an appeal against every procedural ruling.

Appeal and enforcement

Section 32A permits a party aggrieved by a District Court fair-rent decision to appeal to the Supreme Court on a point of law. The appeal must be lodged in the District Court registry within 21 days after the decision. That is narrower than a fresh factual rehearing, so the alleged legal error and the record must be identified promptly.

The Act gives the District Court exclusive jurisdiction over matters under Parts III and IV and says documents relating to proceedings under those Parts are exempt from registration duty or other fee. Applicants should still ask the relevant registry about current process, service and any charges arising outside that statutory exemption rather than rely on the abolished Tribunal’s old published tariff.

This article is general legal information for Mauritius, not legal advice. For advice on your situation, consult a barrister.