In order to mediate matters between landlords and tenants, especially those who rent residential properties in Anguilla, it has become necessary for the Magistrate’s court to appoint Rent Commissioners.
According to Senior Magistrate, Ms. Ivenia A. Benjamin, “Increasingly the Magistrate’s courts have had to deal with parties filing complaints that arise from disputes stemming from landlord/tenant relationships.
“In the past, the situation was such that once a tenant would have vacated the premises of the landlord, the relationship would have been severed. In such cases, any arrears of rent left behind, as well as unpaid bills related with utilities, like electricity and water, etc., were dealt with in the Magistrate’s court as debt.”
Ms. Benjamin pointed out that one of the pieces of legislation that governs landlord/tenant relationships is the Rent Restriction Act. “This,” she noted, “is an essential piece of social legislation which clearly sets out the rules for the landlord to give proper notice to the tenant for quitting rented property and vice versa.
“This Act was designed to provide modern rules that would govern the landlord/tenant relationship. It gives both of them an inexpensive and efficient mechanism by which they can resolve their potential disputes. The application of the regulations pertinent to the Rent Restriction Act depends upon the existence of roles played by Rent Commissioners.”
Ms. Benjamin noted that Rent Commissioners have never been appointed in Anguilla, and so, should there be disputes between the landlords and tenants, such matters are heard in regular courts settings that are not equipped enough to adequately address such cases. Hence, there is a need for properly trained Rent Commissioners.
In a statement to The Anguillian recently, Ms. Benjamin noted: “We have identified approximately ten members of the Anguillian community who are willing to serve as Rent Commissioners in the setup of a new rent-court system. These persons would be trained in the calculation and application of ‘standard rent’ and other concepts and rules laid out in the Act.
“We have also hired the services of a Consultant who will be conducting a three-day training workshop on the duties and functions of the Rent Commissioner in a rent court/tribunal.” Ms. Benjamin gave notice that these training sessions will extend from August 15th through August 17th 2018. The opening ceremony for these sessions took place on Wednesday morning, August 15th.
