Revised Laws of Saint Lucia (2021)

PART 2
COMPENSATION FOR IMPROVEMENTS

19.   Compensation for improvements

  1.  

    (1)   Subject to the provisions of this Act, the tenant of a small holding shall be entitled upon the termination of his or her tenancy to obtain from the landlord such sum as fairly represents the value of improvements made by him or her on the small holding.

  1.  

    (2)   In ascertaining the amount of the compensation payable to a tenant under this section any sum due to the landlord in respect of—

    1.  

      (a)     rent;

    1.  

      (b)     any breach of the terms and conditions of the tenancy;

    1.  

      (c)     wilful or negligent damage committed or permitted by the tenant;

    1.  

      (d)     any unpaid advances made to the tenant by the landlord; and

    1.  

      (e)     the value of any benefit which the landlord has given or allowed the tenant in consideration of the tenant executing the improvements shall be taken into account in reduction of the amount of compensation and any sum due to the tenant in respect of any breach of contract or otherwise in respect of the holding shall be added to the compensation.

  1.  

    However, no reduction will be made in favour of the landlord under paragraphs (b) and (c) where he or she could have protected himself or herself substantially against the damage suffered by terminating the tenancy under section 11 and failed to do so.

  1.  

    (3)   In addition to compensation for improvements, the tenant shall be entitled to receive compensation for disturbance, equivalent to one year's rent of the holding where the landlord—

    1.  

      (a)     without good and sufficient cause and for reasons inconsistent with the rules of good husbandry terminates the tenancy by notice to quit;

    1.  

      (b)     having been requested in writing at least 3 months before the expiration of the tenancy to grant a renewal thereof refused to do so or causes the tenant to quit by demanding an unreasonable increase in rent or variation in the terms of the contract; or

    1.  

      (c)     by his or her conduct causes the tenant to quit the small holding.

  1.  

    (4)   The right to compensation for disturbance shall be forfeited where the tenancy is duly determined for any of the causes mentioned in section 11(1)(a)(i), 11(1)(a)(ii), 11(1)(b)(i) 11(1)(b)(ii) and 11(1)(b)(iii).