Tenants, who fail to pay their rent, or breach other rules set out in the landlord and tenant covenant, could be hit with hefty fines, under the revised Rent Act, which is expected to be finalised this year.
Rose Bennett-Cooper, chair of the Rent Assessment Board, said the issue of penalising bad tenants is among several recommendations being proposed under the new law.
The changes are expected to address the existing inefficiencies in the Act, which was last revised in 1983.
โThere is nothing in the Act now that imposes a fine or, in any way, says to the tenant, โyou have done wrong and this is how you should be penalisedโ,โ she said.
Mrs Bennett-Cooper also noted that, for years, landlords have complained that the current Act is inequitable and grossly skewed in favour of the tenant.
She made the disclosure recently, while speaking at the Realtors Association of Jamaica (RAJ), โKnow Your Property Rightsโ Symposium, organised by RAJ in partnership withย JN Bank,ย at the Golf View Hotel in Mandeville. Her presentation focused on the theme: โThe Status and Impact of the Proposed Amendments to the Rent Restriction Act.โ
The Rent Board chair noted, โFor example, although thereโs a covenant which states that, โyouโre supposed to pay your rent and pay it on time,โ there are many tenants who donโt, and if they donโt, then what?โ
In addition, she noted that, in many instances, even if the tenant is served notice by the landlord, thereโs no provision which currently forces the tenant to immediately vacate the property.
โThe landlord gives them notice and they ignore the notice, because they know that if the landlord harasses them, they can get him or her locked up,โ she said.
She further stated that even if the landlord decides to take the tenant to court, the matter could drag on for months, and within that time, the landlord has still not recovered the unpaid rent.
โTherefore, basically the tenant is there running up the water bill, doing what they want to do, and the landlord cannot get them out,โ Mrs Bennett-Cooper remarked.
She further informed that another recommendation under the new Act is that a tenant registry be established.
โThe proposal is that, in the same manner that there is a โbad debt registry,โ there should be โa bad tenant registry,โ the Rent Board chair informed.
She noted that what this will do is help to regularise the sector and protect unsuspecting landlords from tenants, who have a pattern of breaching the law.
Additionally, Mrs Bennett-Cooper said the issue of security deposits will also be specifically mentioned in the revised Act. Under the new law, there will be guidelines as to how much landlords can charge for deposits.
โThe proposal is that for unfurnished properties, a security deposit of one monthโs rent can be charged; and for furnished properties, two months,โ she informed.
She further noted that the law will also specify what the landlord can do with the security deposit.
โThe landlord can apply the deposit in cases, such as unpaid rent or damage to the property,โ she said. โIf youโve been a good tenant then you are expected to get back all your money.โ
Mrs Bennett-Cooper said under the revised law, the landlord will be obligated to return the security deposit within four weeks of the tenant vacating the property; and the tenant must be presented with a statement outlining how the money was spent.
โThe statement must outline the sum that was returned; how much was deducted; and how it was spent. In addition, the landlord must provide evidence of how the money was spent in the form of bills etc.,โ she outlined.
