Tanzania
Rent Restriction Act
Chapter 339
- Published in Tanzania Government Gazette
- Commenced on 7 June 1984
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions (ss. 1-5)
1. Short title
This Act may be cited as the Rent Restriction Act.2. Application
3. Interpretation
4. Application to licensee in certain cases
5. Application to occupation under certain options and agreements
Part II – Housing Appeals Tribunal and Regional Housing Tribunals (ss. 6-15)
6. ***
[Repealed by Act No. 2 of 2002 Sch.]7. ***
[Repealed by Act No. 2 of 2002 Sch.]8. ***
[Repealed by Act No. 2 of 2002 Sch.]9. ***
[Repealed by Act No. 2 of 2002 Sch.]10. ***
[Repealed by Act No. 2 of 2002 Sch.]11. ***
[Repealed by Act No. 2 of 2002 Sch.]12. Powers of the Tribunal
13. ***
[Repealed by Act No. 2 of 2002 Sch.]14. Proceedings of the Tribunal
15. Tribunal to keep register
Part III – Rent and regulation of tenancy (ss. 16-42)
16. Definition of expression "standard rent"
The expression "standard rent" in relation to any premises means a rent determined by the Tribunal to be the rent at which premises may be let.17. Standard rent as from effective date
17A. ***
[Repealed by Act No. 13 of 1996 s. 40]18. ***
[Repealed by Act No. 13 of 1996 s. 40]19. ***
[Repealed by Act No. 2 of 2002 Sch.]20. ***
[Repealed by Act No. 2 of 2002 Sch.]21. ***
[Repealed by Act No. 2 of 2002 Sch.]22. ***
[Repealed by Act No. 2 of 2002 Sch.]23. Penalty for accepting excess rent or advance of rent
Where, after the commencement of this Act, the landlord of any premises, or any agent, clerk or other person employed by him, accepts any rent in respect of such premises which exceeds the standard rent thereof by more than any amount permitted under this Act, or, without the previous consent in writing of the Tribunal accepts an advance of rent exceeding two months' standard rent, then without prejudice to any other remedy under this Act, such landlord, agent, clerk, or other person shall be guilty of an offence and shall upon conviction be liable to a fine not exceeding six thousand shillings or to imprisonment not exceeding twelve months or to both such fine and imprisonment; and without prejudice to any other method of recovery thereof, the court by which he is convicted may order that the rent or advance so far it exceeds the amount permitted under this Act shall be irrecoverable and that the amount of any such excess shall be repaid to the tenant.[s. 21]24. ***
[Repealed by Act No. 2 of 2002 Sch.][s. 22]25. Limitation as to permitted increases in rent
26. Notices under the Act effective as notice to quit
Where application is made to the Tribunal by a landlord under the provisions of this Act for increase or determination or assessment of the standard rent of any premises and a notice to determine the tenancy is necessary in order to make any increase granted by the Tribunal effective, a notice of such application made in the prescribed form and duly served on the tenant, shall have effect and shall be deemed always to have had effect as if it were or had been also a notice to terminate the existing tenancy on the earliest day, after the service of such application, on which if it had been a notice to terminate the tenancy, it would have been effective for that purpose.[s. 24]27. Restriction on right of possession
28. Restriction on levy of distress for rent
No distress for rent of any premises shall be levied, except with the leave of the Tribunal and the Tribunal shall, with respect to any application for such leave, have the same or similar powers with respect to adjournment, stay, suspension, postponement or otherwise as are conferred by subsection (5) of section 27, in respect of an application for recovery of possession.[s. 26]29. Restriction on premiums
30. Limitation on rent of premises let with services
Where any person lets or has let any premises, furnished or unfurnished, at a rent which includes payment in respect of a service charge, the maximum rent which may be charged shall be the standard rent applicable to the premises, furnished or unfurnished, as the case may be permitted by the Tribunal and any rent or charge levied in excess of such standard rent and permitted charge shall, notwithstanding any agreement to the contrary, be irrecoverable by the person by whom it was paid.[s. 28]31. A statement to be supplied as to standard rent
32. Recovery of sums made irrecoverable
33. Failure to supply rent book and penalty for false entry
34. Conditions of statutory tenancy
35. Penalty for depriving tenant of service
36. Notification of valuation
Where, for the purpose of determining or assessing the standard rent, a valuation of premises has been made by the Tribunal, a landlord or tenant or their representatives shall be entitled to receive written notification from the Tribunal that the details of such valuation are available for their information and that before the standard rent is determined or assessed, they may, if they wish, appear before the Tribunal on a date to be specified in the notification and object to the valuation.[s. 34]37. Repairs
38. Restriction on right to assign or sub-let premises
Notwithstanding the absence of any convenant against the assigning or sub-letting of any premises, no tenant shall have the right to assign, sub-let or transfer the possession of such premises or any part whereof except with the consent of the landlord, or where such consent shall be unreasonably withheld, with the consent of the Tribunal.[s. 36]39. Sub-letting by tenant
40. Penalty for subjecting tenant to annoyance
A landlord or his agent or servant who wilfully subjects a tenant to annoyance with the intention of compelling the tenant to vacate the premises, or to pay, directly or indirectly, a higher rent for the premises shall be liable on conviction by the court to a fine not exceeding two thousand shillings or to a term of imprisonment not exceeding six months, or to both such fine and imprisonment.[s. 38]41. ***
[Repealed by Act No. 2 of 2002 Sch.][s. 39]42. ***
[Repealed by Act No. 2 of 2002 Sch.][s. 40]Part IV – Appeals and miscellaneous provisions (ss. 43-53)
43. ***
[Repealed by Act No. 2 of 2002 Sch.][s. 41]44. Power of the Housing Appeals Tribunal
In the exercise of its appellate jurisdiction under this Act, the Housing Appeals Tribunal shall have the power to—45. Appeals to the High Court
46. Failure to comply with or observe order or decision of Tribunal
Any person who fails to comply with or observe—47. Protection of members of the Tribunal
No matter or thing done by any chairman, member, officer, servant or agent of the Tribunal shall, if done bona fide in the execution or purported of execution of the provisions of this Act, subject to any such person as aforesaid to any action, liability, claim or demand whatsoever.[s. 45]48. No agreement to be made at variance with Act
49. Chairman may be empowered to exercise powers of the Tribunal
Notwithstanding the provisions of section 10, the Minister may by order empower the Chairman of the Tribunal or rent officer of that region to exercise alone any of the powers or functions of the Tribunal which may be specified in such order.[s. 47]50. Determinations, orders, etc., of the Tribunal to be enforced as court decree
51. Regulations
52. Repeal of R.L. Cap. 479 and saving of subsidiary legislation
53. Saving of pending proceedings and orders
History of this document
31 July 2002 this version
Consolidation
07 June 1984
Commenced
Cited documents 4
Legislation 4
1. | Registration of Documents Act | 59 citations |
2. | Civil Procedure Code | 43 citations |
3. | Local Government (Urban Authorities) Act, 1982 | 30 citations |
4. | Local Government (District Authorities) Act, 1982 | 28 citations |
Documents citing this one 35
Judgment 30
Legislation 5
1. | Probate and Administration of Estates Act | 325 citations |
2. | Public Corporations Act | 52 citations |
3. | National Housing Corporation Act | 8 citations |
4. | Probate and Administration of Estates Act, 1963 | 7 citations |
5. | Public Prosecutors (Appointment) Notice, 1943 |