Revised Laws of Saint Lucia (2021)

7.   Application to subsisting contract

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   (1)   Subject to the provisions of this section the provisions of this Act shall not apply to any subsisting written contract of tenancy.

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   (2)   Where any subsisting contract was entered into otherwise than in writing, the landlord shall draw up a memorandum of the terms of such contract and present the same to the tenant for execution, and upon proper execution and attestation of the same, this memorandum shall be deemed to be the contract of tenancy between the landlord and the tenant, and the landlord shall accordingly stamp and file the same and deliver a copy thereof to the tenant.

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   (3)   Every memorandum under subsection (2) shall be attested and shall specify—

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      (a)     the names and addresses of the parties to such contract;

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      (b)     the date or approximate date upon which the contract was entered into;

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      (c)     the area or approximate area of the small holding to which the contract relates;

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      (d)     the situation of the small holding to which the contract relates;

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      (e)     the period for which the tenancy was entered into; and

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      (f)     the rent payable upon the contract of tenancy.

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   (4)   If the tenant refuses to execute the said memorandum within one month of his or her being requested so to do or if the landlord 3 months after the coming into operation of this Act fails to present a memorandum acceptable to the tenant for execution, a magistrate may, on the application of either party, summon the party in default to appear before him or her to show cause why a proper memorandum of the contract of tenancy should not be drawn up and executed and the magistrate shall after hearing the evidence on both sides, order a memorandum to be drawn up in such terms as in his or her opinion represents the contract of tenancy subsisting between the landlord and the tenant, and this memorandum shall constitute the contract of tenancy between the parties, and the landlord shall accordingly stamp and file the same and deliver a copy thereof to the tenant. However, the magistrate may dismiss the application and make no such order if the evidence is such that it is impossible for the magistrate to draw up a memorandum which substantially represents the contract subsisting between the parties, and in every such case the tenancy shall be deemed to be a tenancy from year to year, upon the terms and conditions contained in the form of contract set out in Schedule 1. Further, an application under this subsection shall not be made more than 12 months after the passing of this Act.