The Parliament of the republic of Uganda passed a bill in the year of 2022 that every Landlord and tenant should get interested into and read about it, Since Sparta Properties LTD is much into Property management we are here to simplify and summarise the law in simple terms for our esteemed customers.
Tuesday _ 25/06/2024
By KIGGUNDU JOSEPH
Landlord and Tenant Act,2022, 1. This Act applies to the letting of residential and business premises.
2. The minister may, with the approval of parliament, by statutory instrument, exempt particular premises from the operation of the Act.
3. Without limiting the general effect of subsection (2), this Act does not apply to the following arrangements a) residence at an institution, whether public or private, where the residence is merely incidental to detention or to the provision of medical, religious, educational, recreational or similar services:
b) residence in a hotel, motel, or other transient lodging or c) occupancy of premises under a tenancy created or arising under the terms of a contract of employment or any other premises entered into in a relation to such contract.
Parliament of the republic of Uganda passed the landlord and tenant Act 2022 bill that permits the landlords to access the premises and take possesion of the property to recover accumulated rent arrears. This however been conditioned on the landlord issuing a notice to the tenants who defaulted on rental payment, "Provided that where the default shall continue for a period of more than 30 days, the landlord shall be entitled to re-enter the house and take possesion thereof, in the presence of the area local council officials and the police, without prejudice to the right to recover the arrears". the lawmakers stated.
The bill intends to regulate the relationship between lanlords and tenants, to reform and consolidate the law relating to letting of premises, to provide for the responsibilities of landlords and tenants in respect to the letting of premises.
The vice chairperson of the Committee on physical infrastructure, Hon Robert Kasolo who presented the report on the bill said that the Bill makes it mandatory for the landlord and tenant to enter a tenancy agreement before occupying a premise. The parliamentarians also passed a law that lets the landlord to increase rent fees after issuing a 60 days of notice to the tenant however the "rent increment should not exceed a 10% of the rent fees paid by the tenant" the bill states in part.
The house also stated that the currency of transaction between the landlord and the tenant shall be in Ugandan shillings (UGX), however Kasolo said that the shillings has continuosly depreciated against the dollar so the bill also grants a tenant the possibility to agree with a landlord on paying an amount equivalent to the dollars and this resolves the argument that was previously between the tenants and landlords as the later demanded that clients remit rent fees in dollars.
Summary of duties of either parties.
It is the duty of the landlord to keep the premises maintained in good repair save that the obligation shall extend to the exterior parts of the premises and common arears, however the duty of the landlord to repair the house doesnot apply to the damage caused to the premises by the tenants negligence or failure to take reasonable care. Where a tenant damages the premises or common areas, the landlord shall serve the tenant with a notice to repair the damage ,the tenant shall have fourteen days after the notification by the landlord or the costs of repair may be deducted from any rent advance received by the landlords that is why as Sparta properties LTD we emphasise that landlords receive security deposits to cover some small damages like repairs.
Security deposit.
1) A landlord shall require a tenant to pay a security deposit for the purpose of securing the performance by the tenant of his or her obligations under tenancy.
2) A landlord shall not require more than one security deposit or require the payment of, or receive, undersecurity deposit, an amount exceeding the rent payable for one month's occupancy of the premises to which the agreement relates or one-tweifth of the rent for one year's occupancy of the premises to which the agreement relates, whichever is the lesser.
3) The landlord shall specify and determine to the tenant in writting the terms and condtions under which the security deposit is or any part of it may be withheld by the landlord upon termination of the tenancy but it may not be held under account of normal tear and wear.
Termination of Tenancy after notice.
1) A tenancy terminates where a lanlord or tenant gives notice of termination of the tenancy in accordance with this Act, or with terms of the tenancy agreement.
2) In a residential tenancy, notice of termination of a tenancy required under this Act shall be as follows- a) in the case of a weekly tenancy; seven days' notice. b) in the case of a monthly tenancy; thirty days' notice and c) in the case of a tenancy from year to year; sixty days notice.
3) A landlord and tenant may agree to a period of notice exceeding the period specified in subsection.
4) A term or condition in a tenancy providing for a lesser period of notice than that specified in subsection is void.
5) The issuance of notice of notice under subsection(1) shall not extinguish a landlord or tenant's duties and rights under the tenancy agreement in respect of which such notices has been issued. The landlord can be forced to terminant agreement in case the tenant abandones or leaves the house without terminating the tenancy agreement in this case it happens if and when the tenant or clients leaves the house locked and doesnot pay his or rent fees.
KIGGUNDU JOSEPH is the Managing Director of Sparta Properties LTD and a degree holder of Community Physcology at Makerere University.