Revised Laws of Saint Lucia (2021)

18.   Right of tenant to remain after notice to quit

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   (1)   Where any contract of tenancy is determinable by notice to quit of less than 12 months given by the landlord and there are, at the time of the giving of the notice to quit, growing crops planted by the tenant on the parcel of land referred to in the notice to quit, the tenant shall be entitled, within 21 days after receiving the notice to quit, to signify by notice in writing to the landlord his or her intention to remain on the land for a period to be named in the notice not exceeding 12 months and not less than one month from the expiry of the notice to quit.

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   (2)   On serving such notice on the landlord and on paying to the landlord, on or before the expiry of the notice to quit, all rent due at the date of such expiry in respect of the parcel of land referred to in the notice to quit, the tenant shall, subject to subsection (3), be entitled to remain on the said land and shall be deemed in all respects to be the tenant thereof for the period named in the notice served on the landlord.

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   (3)   If the tenant does not at or before the expiration of every 30 days (computed as to the first 30 days from the day when the notice to quit expired) pay to the landlord the proportion of rent payable in respect of the said 30 days, the landlord shall be entitled to treat the tenancy as having been determined.

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   (4)   The notice of intention to remain on the land—

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      (a)     may be in the form set out in Schedule 3 or to the like effect;

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      (b)     may be delivered personally to the landlord or his or her agent or may be sent by registered post to the address of the landlord or his or her agent and in the latter case shall be deemed to have been delivered on the day when the notice would in the ordinary course reach the post office to which it is addressed.

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   (5)   Any agreement that this section shall not apply to a tenancy is void.

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   (6)   This section shall not apply to—

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      (a)     land over 5 acres in extent or of which the rental exceeds $200 a year;

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      (b)     land let to the tenant during his or her continuance in any office, appointment or employment held under the landlord;

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      (c)     land other than land cultivated in whole or in part as a provision ground or in sugar cane or bananas;

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      (d)     land on which a dwelling-house or shop is the dominant building at the time of letting, and on the remainder of which—

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         (i)     there are not, at the time of letting, any growing crops, but

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         (ii)     subsequent to the time of letting, growing crops are planted by the tenant.