Advice & Help

Should the owner/landlord inspect my business place?

QUESTION: Dear Legal Wiz,
I have been a tenant in a building in the downtown area for at least 5 years. The agent got a stroke and the new agent and the landlord wants to inspect the building. I am thinking of taking them to the Rent Board if I cant move soon. I dont think it is right for the landlord or his agent to inspect my business place unless its going for sale. What should I do? Should I just move or will the Rent Board help me.
Sean Mealy

RESPONSE: Dear Sean Mealy,
The landlord or his assigned agent has a right to inspect your business place regardless of how long you have been in the property.
The truth is Section 4 of the Rent Restriction Act (1994) of Jamaica highlights the covenants of both tenants and landlords listed in the First Schedule (found after section 37) outlined as as follows:


Landlord‘s Covenants
The landlord agrees-
(a) to keep the premises in a tenantable state of repair and to
observe reasonable standards of maintenance;
(b) to permit the tenant on his paying the rent and fulfilling his other obligations under the tenancy peaceably and quietly to occupy and enjoy the premises without any interruption by the landlord or any person rightfully claiming under or in
trust for him;
(c) to pay punctually at all times all rates and taxes payable by him in respect of the premises:
(d) to indemnify and Save the tenant harmless,from any loss arising from any act, negligence or default of the landlord, his servants or agents.

Tenant’s Covenants
The tenant agrees-
(a) to keep the premises in good order and condition. fair wear
and tear excepted:
(b) to pay the rent on the due date;
(c) to keep the premises in a sanitary condition and to refrain
from any conduct which is a nuisance or annoyance to adjoining
(d) to refrain from cutting down, injuring or destroying, without the landlord’s consent, any trees standing on the premises. and to refrain from causing damage to any part of the premises;
(e) to refrain from using the amenities of the premises in a wasteful manner:
(f) to permit the landlord or his agents at all reasonable times to enter upon and inspect the premises and the state and
condition of every part thereof and carry out necessary repairs;
(g) not to sublet the premises or an part thereof without the prior consent in writing of the landlord;
(h) if. while owing rent on the premises, he proposes or is obliged to vacate them, to notify the landlord, prior to vacating or within a reasonable time thereafter, of the arrangements made for the payment of the rent and of the address at which, if necessary, process for recovery of rent may be served.

As a Jamaican, it would be in your interest to acquire a copy of any act relevant to your situation which in your case is the Rent Restriction Act.They can be purchased at the offices of the Jamaica Printing Services (1992) Limited located at 77 ½ Duke Street, Kingston. The Acts of Jamaica can also be found on the website of the Ministry of Justice website.

Legal Wiz

The above does not constitute legal advice. The responses are prepared and published by inhouse senior journalists after research and discussion with attorneys-at-law and other specialists, as necessary.
The Legal Wiz networks professionals from all fields to serve the interest of all Jamaicans and persons relating with Jamaicans.

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