The Landlord and Tenant Act 1999 in Mauritius: What It Covers

The Landlord and Tenant Act 1999 still regulates a defined class of Mauritian lettings, but its name can mislead. It is not a complete code for every home, shop or office lease. The first question is whether the premises are within the Act at all; only then do its rules on fair rent, rent records, repairs and possession become relevant. The current consolidated Act identifies the District Court for the district where the premises are situated as the court with jurisdiction.

Which lettings remain within the Act?

The Act contains several exclusions. It does not apply to a dwelling supplied rent-free because of employment, a dwelling included in a genuine agricultural letting, or an arrangement whose genuine rent includes furniture, board and attendance or business equipment. Most importantly for commercial landlords, business premises let after 1 July 2005 were excluded, and the remaining transitional coverage for older business lettings ended after 30 June 2022. A current shop or office dispute must therefore usually be analysed under its lease and the Code Civil Mauricien, not under the controlled-rent machinery. Our guide to tenant rights in Mauritius explains the broader distinction.

Agreed rent, rent books and proof of payment

For premises still covered, rent fixed in a written agreement is deemed fair rent under section 6. That does not make record-keeping optional. Section 5 requires the landlord to provide a rent book and record each payment, unless rent is paid by bank standing order. The book should identify the premises, parties and rent; a cash receipt or informal message is not an adequate substitute for the statutory record. Tenants should retain the book and bank evidence because section 10 requires payment of the rent claimed while a fair-rent application is pending.

Who determines fair rent now?

The Fair Rent Tribunal ceased to exist under the Landlord and Tenant (Amendment) Act 2020. It cannot receive applications made on or after 1 January 2021. New fair-rent applications go to the District Court, while the 2020 Act dealt separately with proceedings already pending when the change occurred. Any page or form that still tells a new applicant to file at the Tribunal is obsolete; the companion article on the abolished Fair Rent Tribunal records the transition.

What the District Court examines

Fair rent is not a percentage chosen by either side. Section 11 directs the District Court to consider the premises' location, age, quality, character and type; their state of repair; improvements made by the tenant with the landlord's consent; a reasonable return on their value; and market rent for comparable premises in the neighbourhood. Useful evidence therefore includes the lease and rent book, dated photographs, repair invoices, proof of authorised improvements, valuation material and properly comparable local lettings. An advertisement for a different type of property in another district proves little by itself.

Suppose a tenant in Curepipe occupies an older covered dwelling and the landlord relies on the rent for a newly renovated house nearby. The court would need evidence about both properties' condition, size, character and locality, not simply the higher advertised figure. If the court ultimately fixes less than the rent claimed during the case, section 10 allows it to order repayment of the excess or direct how that excess is to be applied.

Increases are not all treated alike

The Act distinguishes a fair-rent determination from permitted increases connected with specified outgoings or works. Relevant items may include changes in taxes, rates or service charges and qualifying restoration, improvement or structural alteration; ordinary decoration and minor repairs do not become qualifying improvements merely because they cost money. The statutory calculation also depends on when the premises were first let. A landlord proposing an increase should provide the legal basis, invoices and calculation. A tenant should not respond by stopping rent, because arrears can create a separate possession issue.

Reviewing an existing determination

A fresh determination is generally unavailable until three years after the last one. Section 12 nevertheless permits an earlier review in limited circumstances, including a material change, fraud or mistake, genuinely new evidence, absence through no fault of the applicant, or substantial injustice. That is a review threshold, not an annual rent-review entitlement. Keep the earlier judgment or order: without it, the court cannot readily see when and on what evidence rent was fixed.

Repairs, possession and self-help

Part IV regulates repairs and recovery of possession for covered premises, and the District Court has exclusive jurisdiction over proceedings under Parts III and IV. A landlord should not change locks, remove belongings or disconnect services as an improvised eviction method. A tenant should distinguish disrepair from a legal right to withhold rent. The lawful route depends on the tenancy and relief sought; see how tenant eviction works.

A useful file for either side

Begin with the signed lease and every later variation, then add the rent book or standing-order statements, notices with proof of delivery, photographs showing dates, invoices and any earlier fair-rent decision. Mark the property's actual use and the date the letting began, because those facts may decide statutory coverage before the court reaches the merits. Court timing is not fixed by the Act and will depend on service, opposition, evidence and the court list; a complete file helps avoid preventable adjournments. For wider procedure, read how Mauritian court timelines vary.

Also separate occupation charges from rent. Electricity, water, syndic charges, deposits and repair reimbursements can appear in the same message or transfer, but they do not all become rent for a fair-rent calculation. A payment schedule should identify the contractual or statutory basis of each line rather than presenting one unexplained balance.

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