The Parliament of Uganda has amended clause 30 of the Landlord Tenants Bill 2018, to provide for the eviction of a tenant who defaults in payment of rent or arrears in an occupied premises.
Parliament passed the bill on Tuesday 1st February, 2022 after amending certain clauses in the third reading of bills.
Hon. Robert Kasolo, the Iki-iki County MP who sits on the Landlord Tenants Bill committee stated to the house, chaired by the Deputy Speaker Anita Among, that the provision on failure to pay rent was amended because court orders may not be guaranteed at a reasonable time frame and that the continued stay of a tenant in a premises without pay is wrong.
“Where defaulting shall continue for a period of more than 30 days, the landlord shall proceed to enter the premises and take possession thereof in the presence of the area LC and Police.In case the tenant cannot pay rent, they cannot continue occupying the premises until an order of eviction is obtained.This will defeat the whole purpose of renting out premises,” he said.
Previously, Clause 30 required that a tenant with arrears would only be evicted from a premises after a court order has been obtained to recover the rent owed.
“Clause 30 deals with the failure of a tenant to pay and provides that where a tenant defaults in paying rent and is in arrears, the landlord may apply to court to recover the rent owed; including the reasonable costs incurred to recover the rent.” the bill stated previously.
Parliament also agreed that the landlord shall give a tenant at least 60 days’ notice of a proposed increment in rent from the previous 90 days. The committee also observed that parties may mutually agree on how rent should be increased especially with a long term tenancy.
Parliament also amended clause 23 (2) of the bill to allow for both the tenant and landlords to mutually agree on payment of rent in Ugandan shillings equivalent to Dollars.
The law should uphold the freedom of parties to contract according to their tenancy agreement, it should be permissible for parties to mutually agree on payment in Ugandan shillings equivalent to dollars. Kasolo said
Tenant eviction in 30 days
The Landlord and Tenant Bill, 2018 as passed by Parliament was sent to the President for assent in May 2019. The President returned the Bill to Parliament requesting for reconsideration of the same in October 2020.
The Landlord and Tenant Bill, 2018 as passed by Parliament was sent to the President for assent in May 2019. The President returned the Bill to Parliament requesting for reconsideration of the same in October 2020.
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