LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRSextwprlegs1.fao.org/docs/pdf/tri105976.pdf ·...

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Land Tenants (Security ofTenure]

LAWS OF TRINIDAD AND TOBAGOMINISTRY OF LEGAL AFFAIRS

22 Chap. 59:54[Sub~idhtry]

3511 982.

Citation andcommencement.

Interpretation.

Schedul e.

Memorandumof lease.

Forms.

Schedul e.

LAND TENANTS (SECURITY OF TENURE)(FORMS AND NOTICES) REGULATIONS

made under section 18

1. These Regulations may be cited as the Land Tenants(Security of Tenure) (Forms and Notices) Regulations, and shallcome into operation on the 15th day of March, 1982.

2. In these Regulations-

(a) a "Form" referred to by number means the Formso numbered in the Schedule:

(b) "Notice" means a written notice.

3. (1) At any time during the continuance of a statutorylease either the landlord or the tenant may require the tenant orlandlord to sign a memorandum of such lease setting out theterms and conditions thereof.

(2) Every such memorandum of lease shall be preparedin the Form prescribed by regulation 4 and shall be signed by thelandlord and the tenant or their agents acting in that behalf andattested before a Justice of the Peace.

(3) Upon execution of such memorandum of lease inaccordance with this regulation the landlord shall deliver a signedduplicate thereof to the tenant.

(4) Every landlord or tenant who, on being required todo so refuses , without reasonable cause, to sign or cause to besigned on his behalf any original or duplicate of suchmemorandum of lease referred to in this regulation is guilty of asummary offence and is liable to a fine of five hundred dollars.

4. (1) In this regulation "section" means a section of the Act.

(2) The forms in the Schedule, or forms substantially tothe like effect, shall be used for the following purposes:

(a) memorandum of statutory lease for the purposeof regulation 3-Form 1;

UPDATED TO DECEMBER 31ST 2009


Chap. 59:54 23


Land Tenants (Security ofTenure]Lalld Ti!ll cm /s (S ecuri /y oj" Te"'IJ'Y!) (Fo rms and N o / i ces ) R egulcllio1t.\· [Sub~idi:try ]

(h) memorandum of agreement under section 5(6)(Memorandum of Agreement to purchase land)-Form 2;

(c) tenant's notice under section 9(1) [Notice inexercise of option to purchase land conferred bysection 5(5)]-Form 3;

(d) tenant's notification under section 9(1)(Notification to Mortgagee of the service onlandlord of notice in exercise of tenant's optionto purchase land)-Form 4;

(e) landlord's notice under section 9(2) (Notice in

reply to tenant's notice in exercise of option topurchase Iand)-Form 5;

(J) tenant's notice under section 4 (Notice ofrenewal of statutory lease)-Form 6;

(g) tenant's application under section 10(1)(Application for landlord's consent to anassignment or subletting)-Form 7;

(h) landlord's notice under section 10(2) (Notice ofconsent to or refusal of assignment orsubletting)-Form 8.

L.R.O. 112006





24 Chap. 59:54[Sub~idhtry ] Lan d Ten ants (S ecu rit y ofTen ure} t Fo rms and N otices) Reg u}a tio ns

SCHEDULE

FORM 1

THE LAND TENANTS (SECURITY OF TENURE) ACT, CH. 59:54

FORM OF MEMORANDUM OF STATUTORY LEASEREQUIRED BY REGULATION 3

REPUBLIC OF TRINIDAD AND TOBAGO

MEMORANDUM OF STATUTORY LEASE SIGNED PURSUANT TOREGULATION 3(1) OF THE LAND TENANTS (SECURITY OF

TENURE) (FORMS AND NOTICES) REGULATIONS.

2. Ad d r c se of landlord .

3 . Oc cupation of landlord .

4 . Name or ten ant .

5. Address of tenant .

6. Occupation of t en ant .

7. Date of comme nce me nt of sta tutory lease: Ist Jun e, 1981 .

8 . Term of lease: thirty years commencin g from the lst Jun e, 1981 .

9 .Valu e of land without takin g into ac count th e c ha tte l hou se th ereon

I D. Rent [calculated in accordance with section 5(3) of the Land Tenants (Security of

Tenure) A Cl,]: $ pt:r annum/month .;. payable in allvance/arre ars

and subject to right of distress for non-payment of rent due and unpaid.

13. Ar ea (and mea surem ent) of land .



Chap. 59:54 25


Land Tenants (Security ofTenure ]L alld Ti!ll cm /s (Securi/y oj" Te"'IJ'Y!) (Forms and No /ices) R eg u lcll i o1t.\· [Sub~idi:try ]

I 5. Right of renew al The tenant has a right of renewa l of th e lease subject i n

acc orda nce with section 4 of the Act to service by

te nant up on the landl ord of a notice of such

renewal at least six month s before expiratio n of

the exi sting term, such renewal to be for a ter m of

thirty yea rs su bject to th e same term s and

conditio ns and to the same covenants (if any) of

the lease save a right of renewal.

16 . Opti on to pur chase Option to pur chase at a price not exceeding fifty per

cent of the open market va lue of the land without

the chatte l house but subjec t to serv ice by the

tenant on the landlord and mortgagee (if any) of

notice to purc hase in accordance with sections 5

and 9 of th e Act, such mark et va lue to be

asce rta inable as at date of serv ice of notice.

17. Landlord's redress for

non-payment of rent in

arrears for six month s

Landlord may apply to the High CourtJLand Commission"

for redress und er sections 5 and 7 of the Act.

18. Ri ght to ass ign or

s u bl c t

Th e tenant to have a right to assig n or sublet with the

CLJUM,u l LJ I" t.lrc laudlunt uu appli ca tiu u i u wri tiug

under sections 5(8) and 10 of the Act.

19 . Service of not ices, etc . Either by delivery personally to the addressee or by

leaving it at his usual or last known place of abode

or business, or by posting it by registered lett er

addresse d to him at his usual or last know n place

of a bode or business.

Si gn atu re of landl ord

S i g n a t u r c of t en ant

Sig na tur e of att cs ti ng wi tncss .

*D eJete where inappl icabl e.

L.R.O. 112006



Land Tenants (Security ofTenure ]


26 Chap. 59:54[Sub~idhtry ] Land Ten ants (S ecu rit y ofTen ure} t Fo rms and N otices) Reg u}a tions

FORM 2

TIlE LAND TENANTS (SE CURITY OF TENURE) ACT, e n , 59;54

FORM OF AGREEMENT TO PURCHASE LANDBY INSTALMENTS

REPUBLIC OF TRINIDAD AND lDBAGO

AN AGREEMENT P URS UANT TO SE CTION 5(6) OFTIlE L AND TENANTS (SECU RI T Y OF TEN URE) A CT

An Agreement made th is day of in th e year

of Our Lord tw o t ho usa nd and betw een

of .

(hereinafter called "the Vendor") of the one part

a n d .

o f .

(herei nafter called "the Purchaser" ) of the other part .

WHEREBY IT IS AGREED AS FOLLOWS:

I . The Vendor will sell and the Purchaser will buy the fee si mple in possession

of all tlzat land hereinaft er referred to as "the land" comprising (area or approxim ate

area) and being (dcscrtptto n) situate at in the Ward or .

in the Isl and of wh ich th e Pur chaser hol ds of th e Vendor under

a statutory lease under the Land Tenants (Security of Tenure) Act, Ch. 59:54 of the

Laws of Trinidad and Tob ago. The land is sold free from all landl ord 's encumbrances .

2. Th e purc ha se pri ce shal l be .

....... . . . ........... . . ..... . . ...... ...... . . . ......... ... .......... . . ......... do llars of w hich t he

sum of doll ar s by wa y of depo sit is now paidto the Vendor (the rece ipt of which the Vendor acknow ledges) and the balance of the

purchase money shall be paid by equal monthl y/hal f yearly/yearly instalments of

.. .... ...... ..... ..... ........... ..... ... ... .. d oll ar s each th e fir st of su ch instalments to bepaid on th e day of next and th e subseque nt

instalments to be paid on their du e dates until pay ment of the whole pur chase

mon ey has been made. Until the final instalm ent of the purchase pr ice shall have

bee n pai d th e pu r cha ser shall co nt i nue t o p ay the r ent p ay a ble pursu an t to th e t erm s

and conditions of the statutory lease .

3. The Purchaser may at any tim e on giving seve n days' pr evious notice in

w r iti ng to the Vendor or to hi s Attorne y-at-la w or agent, payoff the e n ti re ba la nce

of the pur chas e money for the time being remaining due.



Chap. 59:54 27


Land Tenants (Security ofTenure ]Lalld Tell cm ls tSecurity oI Tellure) (Forms and NOl ices) R eg ulcll io1t.\· [Sub~idi:try ]

4 . On paym ent of the balance of the pur chase money the Vendor shall exec ute

a conveyance to the Purchaser of the land sold to be prepared and perfected by andat the expe nse of the Pur chaser and th e engross ment left at the office of theVendor 's Attorney-at- law for execu tion by the Vendor at least seve n days before the

paym ent of the fin al ins talment of the purc hase money.

5 . The said conveyance shall be in such form as may be mutu ally agree d

between the part ies.

6. If the Purchaser shall make default in payment of instalments payable underthi s Agree ment after the date fixed for pay ment of the same or after demand, as the

case may be, the landlord may in accorda nce with the provision s of the Land Tenants

(Security of Tenure) Act, apply to the High CourtlLa nd Commission for redress.

As witness our hands the day and year first herein above wri tte n.

Sig ned by the above-named

Name of Vendor

Signature of Vendor

in the presence of

Signed by the above -named

Name of Purchaser

Signature o./Pun.:. haser

in the presence oI

L.R.O. 112006


LAWS OF TRINIDAD AND TOBAGOMINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

28 Chap. 59:54 Land Tenants (Security ofTenure][Sub~idhtry] Lan d Ten ants (S ecu rit y ofTen ure} t Fo rms and N otices) Reg u}a tio ns

FORM 3

THE LAND TENANTS (SECURITY OF TENURE) ACT, CH. 59:54

TENANT'S NOTICE UNDER SECTION 9(1) OF THE ACTTO PURCHASE LAND

Th .(Nameand address (~f landlord)

Take Notice that L the undersign ed being tenant of th e land dcscri bed in th e

Schedul e hereto on which a chattel house is erected, desire to purcha se the said land

in the exercise of the right conferred by the Land Tenants (Security of Tenure) Act.

The parti culars on whi ch I rely are set out in the Schedul e to thi s notic e.

2. You are requir ed within two month s of the service of this notice to reply

hy nnti r-r- in writin g nn th r- prr-sr-rihr-d fnrm , t " ti ng wh r-th r-r nr nnt ynll arlmit my

right to pur chase the land (su bject to any question as to the corr ectn ess of the

particulars give n in thi s Notice) and , if you do not admit my right , stating th e

grounds upon which you do not admit the same.

(herestate nameand address (if mortgagee)

of the serv ice of this notice upon you.

4 . If you fail to reply to thi s notic e within two month s of se rvice thereof

upon you I intend to apply to the Land Commission/High Court" with a vi ew to the

enforcement of my right to purchase the land.

SIGNED (Tenant )

...... . . . ........... . ....... ..... ..... ........ ... (Address)

Th e name ami address o r Illy Auorncy -at -Iaw or agent W whom further

commu nicat ions may be se nt is .



Chap. 59:54 29


Land Tenants (Security ofTenure]L alld Ti!ll cm /s (S ecuri /y oj" Te"'IJ'Y!) (Fo rms and N o / i ces) R eg u lcll i o1t.\· [Sub~idi:try ]

SCHEDULE

I. Particulars of thc house and land sufficie nt to identify th c property to

w hi ch t hc noticc ex te nds .

2 . The prescrib ed va lue or the estimated open market value of the land at thc

datc of th i s notic c i s $ .

3 . If a Memorandum of Lease has been sig ned pursu ant to Regulation 3( I )

particulars to ident ity such M cm orand um .

4. The date on which the tcnantacquircd the tenancy .

N O'TES-

I. The landlord must se rve a notice in reply in Form 5 within two months of service on

liiru of thi ~ no tice. I f the larul lunl dues Hut ad mi t the It:: Ili:t1 I t'~ I igli l lu p UJd m:-;t: the

land the notice in reply must state the grounds on which it is not adm itted.

2. Any landlord whose interest is subject to a mort gage or othe r charge to secure the

payment of money should on his receipt of th is notice inform the mort gagee or

person entitled to the benefit of the charge .

3 . "Land" to be includ ed in the notice incl udes any garage, ou thous e, ga rde n, yard and

appurt enances which at the time of the notice are let to the tenant with the chatte l

house and are occupied with and used for the purposes of the house or any part of it

by the tenant.

*De lete where inapp licab le.

L.R.O. 112006





30 Chap. 59:54[Sub~idhtry ] Lcmd Ten ants (S ecurit y ,.y·Ten ure) (Fo rm s an d Notices) Regul ations

FORM 4

THE L A ND TENANTS (SECURI T Y OF TEN URE) ACT, C H . 59:54

NOTIFICATION TO MORTGAGEE UNDER SECTION 9(1)OF THE ACT

Th .(Name ofMo ngagee)

of .(Addn · ,,(Mortgag ee)

Thi s is to notify yo u th at T, the un dersigned , bein g tenant of land

d escribed i n the Schedu le to th e notic e c nc lo scd herew ith , di d o n th e day of

.......... ..... .. ...... . .. ..... .. . 20 serve a written notice of my desire to pu r chase

th e sa id Iand o n .

.. .. .... t he lan dl ord of the said land by-

(a) delivery of the said notice to him perso nally"

(h) leavin g it at the usu al/l ast known/p lace " of abod e of th e said

(Name ofLarul lonl)

(e) leaving it at the usual/last know n place" of busin ess of the sa id

(Name ofLandlord )

th at i s t o sa y at .

(d) po sti ng it by registered letter add ressed to him at his usual/last

know n/p lace of abode/ busi ness .

A copy of the written notice herei nabove referr ed to is enclosed herewith.

D at ed t his day of , 20 ..

Si gn cd .('/ i l n l1n J)

..................(Add~;,.~.~j · .

"Delete whichever is in applicable,



Chap. 59:54 3 1


Land Tenants (Security ofTenure]L alld Ti!ll cm /s (Securi/y oj" Te"'IJ'Y!) (Forms and No /ices) R eg u lcll i o1t.\· [Sub~idi:try ]

FORM 5

THE LAND TENANTS (SECUR I T Y OF TEN URE ) ACT, C H . 59:54

LANDLORD'S NOTICE UNDER SECTION 9(2) OF THEACT IN REPLY TO TENANT'S NOTICE TO

PURCHASE THE LAND

Th .(Name ami Address o] Tenan t]

I . I have received your noti ce dat ed .

claiming the right to purc hase the land descri bed in your notice in accordance with

the provisions of the Land Tenant 's (Security of Tenure) Act .

*2 . I admit your right (su bjcct to any question as to the correctness of the

particulars given i n you r notice).

or

*3 . I do not admit your right on the followi ng grounds:

D ated th e d a y of , 20 __

Signature (~r Landlord

"De lete whic hever is in appl icable.

L.R.O. 112006





32 Chap. 59:54[Sub~idhtry ] Lcmd Tenants (Security ,.y·Tenu re) (Forms and Notices) Regul ations

FORM 6


NOTICE UNDER SECTION 4(3) OF THE ACT OFRENEWAL OF STATUTORY LEASE

Th .(Name and Address o] Landlord)

and a ll other, o n w ho m a copy of th is notice m ay b e served.

TAKE NOTICE that I, the undersigned, being tenant of the land described in the Schedule

hereto, desire to have a renewa l of the statutory lease of the said land in the exercise of theright conferred by section 4(3) of the Land Tenant's (Security of Tenure) Act.

Th e particul ars on w hich I rely are set out in the Sc hedule to this notice.

Sig ne d

(Address)

The name and address of my Atto rney -at -law or age nt to whom furtherco mmu nica tion s may be se nt i s .

SCHEDULE

I. The address of the land.

2 . D escr ipt ion of th e lan d sufficient to identi fy t he lan d to w hic h the notice

ex te nd s .

NOTE

In o rd er to e xe rc ise the ri ght of renew al of a statutory lease confe rred by section 4 of the Ac t

the tenant shall serve on the landlord a written notice of renewal at least six (6) months before theexpiration of the statutory lease.

* D e let e w hic hever is i napp licab le .



Chap. 59:54 33


Land Tenants (Security ofTenure]Land Ten cm ls tSecurity oITenure) (Form s and NOl ic es) R eg ulcll io1t.\· [Sub~idi:try ]

FORM 7

THE LAND T ENANTS (SECU R ITY OF TEN URE) ACT, C H . 59:54

TENANT'S APPLICATION UNDER SECTION 10(1) OFTHE ACT FOR LANDLORD'S CONSENT TO AN

ASSIGNMENT OR SUBLETTING

To .................. ..................... (;V~~;~·4L,;;~di;)~di .

of .(Address ofLandlordt

landl ord of land si tu ate d at .there in sert Location t~r land)

in the Ward o f in t hc I sl and

of .

I , t he u ndcrsi g ncd , do h cr cb y i nfor m y ou t ha t i t i s my i nt c n tio n to

ass ign/s ublct" the ten ancy in re spect of the said land to .

(here insert name (!f proposed assignee/subtenant)

of .(here insert address ofproposed assignee/subtenant)

and j hereby pursuant to section 1(J(l) ofthc Land Tenants (Security of Tenure) Act,

apply for your conse nt to the said assignment/ sublettin g>.

D ated th e day of , 2(J ..

*D clete w hic hev er i s i nap pli c a b le .

L.R.O. 112006





34 Chap. 59:54[Sub~idhtry ] Land Ten ants (S ecu rit y ofTen ure} t Fo rms and N otices) Reg u}a tions

FORM S


LANDLORD'S NOTICE UNDER SECTION 10(2) OFTHE ACT OF CONSENT TOIREFUSAL OF

ASSIGNMENT/SUBLETTING*

Th .(Nam e ofTenant)

o f .(Address ofTenant)

(Name I!( Landlord)

of .(Address o( Landlord)

th e landl or d of all t hat lan d situa te at .

in the Ward of .

in the Is land of bei ng lan d comprised

in a statutory lease under the provisions of the Land Tenants (Security of Tenure)

Act, measurin g and now know n as No .

of which you are tenant, hereby give you notice as follow s:

I consent to the ass ig nmcnt/ su bl ct tin g v of the said lan d .

or

1 rcfns r- my r-n nsr- nt tn t h e ~ «ie n m" nt!'" h l"tti ne* ofthe sai d la nrl n n th "

grounds that-

Signature of Landlord

*Dele te w hic hever i,; i nap p licab le .


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