After the President of the Republic of Uganda H.E. Y.K. Museveni Tibuhaburwa assented to the Landlord and Tenants Act of 2022, here is a compilation of some of the provisions that you shouldn’t miss out on knowing;
- The landlord may apply to a court of competent jurisdiction where the defendant defaults payment of rent and is in arrears. – Section 29(1).
- The landlord shall re-enter the premises the premises where the default continues for a period of more 30 days. This is what we refer to as eviction. –Section 29(2).
- Eviction is to be made /done in the presence of the Local Council and the Police. – Section 29(2)
- Even after eviction, the landlord is still entitled to recover the rent arrears. – Section 29(3).
- Where a Landlord intends to increase rent charges, he/she must serve the tenant with a 60 day notice. – Section 26(2).
- Any such rental charge increment cannot be more than 10% annually unless where such parties agreed in the tenancy agreement. – Section 26(1).
- Payment of rent is to be made in Ugx. This exempts circumstances where the parties agree otherwise (both parties have to agree) – Section 22(2).
- A landlord shall not increase the rent payable under a tenancy at intervals of less than twelve months. – Section 26(4).
- All rent for commercial property/buildings is to be payable to the Landlords Accounts. The Act describes such to apply to landlords who rent out a business premise in the city or municipality – Section 21(4).
- The tenancy agreement can be by word of mouth (An oral tenancy agreement is as good as a written tenancy agreement)-Section 3(1)(b). However where the tenancy agreement is of a value of 25 currency points (500,000UGX) or more, it has to be in writing if it’s to be enforceable. – Section 4. (Unless the person it was entered in with agrees to the facts or there is evidence inform of a data message.
- Landlord is not supposed to unlawfully evict a tenant. – Section 45.
- A landlord cannot force more than 3 months’ rent advance where the tenancy is of more than one month. – Section 24(1) (a). However, the tenant can pay such advance where there was a mutual agreement between the tenant and the landlord. – Section 24(2).
- The Landlord is responsible for paying all taxes and rates imposed by law in respect to the premises. Where the tenant any such taxes or rates, the Landlord is supposed to indemnify the tenant for the amount paid. – Section 10. This provision doesn’t include utilities as they are provided for under Section 12 and 13 for the tenant and landlord respectively.
- A landlord is not entitled to refuse renting premises on grounds such as race, sex, colour, ethnic origin, tribe, religion, birth, political opinion, disability and social or economic standing – Section 20.
- The tenancy is terminated where the tenant vacates the premises with the consent of the landlord – Section 36(1). There’s also termination by abandonment but the landlord is still entitled to recover the rent arrears from the tenant. – Section 31(1) and (2).
- Landlord may evict the tenant where such tenant refuses to vacate premises upon receiving a notice of termination. –Section 43.
Disclaimer
No information contained in this writing or article should be construed as legal advice from Legal Notch Uganda or the individual authors, nor is it intended to be a substitute for legal counsel on any subject matter.
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Joel Peter Namugera
THE LEGAL NOTCH 