Revised Laws of Saint Lucia (2021)

20.   Restriction of right to possession

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   (1)   An order or judgment for the recovery of possession of any premises to which this Act applies, or for the ejection of a lessee therefrom, shall not, whether in respect of a notice given or proceedings commenced before or after the commencement of this Act, be made or given unless—

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      (a)     some rent lawfully due from the lessee has not been paid for at least 30 days or in the case of a weekly lessee, 15 days, after it became due;

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      (b)     some other obligation of the lease (whether expressed or implied and whether under the lease or under this Act) so far as the same is consistent with the provisions of this Act has been broken or not performed and, in the case of the non-performance of any such obligation by the lessee, the lessee has been in default for at least 30 days;

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      (c)     the lessee or any person residing or lodging with him or her or being his or her sub-lessee is guilty of conduct which is a nuisance or annoyance to adjoining occupiers or is convicted of using the premises or allowing the premises to be used for an immoral or illegal purpose, or the condition of the premises has, in the opinion of the Court, deteriorated or become unsanitary owing to acts of waste by or the neglect or default of, the lessee or any such person and, where such person is a lodger or sub-lessee, the Court is satisfied that the lessee has not, before the making or giving of the order or judgment, taken such steps as he or she ought reasonably to have taken for the removal of the lodger or sub-lessee;

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      (d)     the lessee has given notice to quit, and, in consequence of that notice, the lessor has contracted to sell or let the dwelling house or has taken any other steps as a result of which he or she would, in the opinion of the Court, be seriously prejudiced if he or she could not obtain possession;

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      (e)     the premises, being a dwelling-house, are reasonably required by the lessor for occupation as a residence for himself or herself or for some person wholly dependent upon him or her, or related to him or her within the second degree, or for any person bona fide residing or to reside with him or her, or for some person in his or her whole time employment;

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      (f)     the premises, being building land, are reasonably required by the lessor for the erection of a building to be used as a dwelling house;

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      (g)     the premises, or any portions thereof, have been compulsorily acquired under the Land Acquisition Act;

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      (h)     the premises, being a dwelling-house, are required for the purpose of being repaired, improved, or re-built;

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      (i)     the premises are required for public purposes;

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      (j)     the dwelling house or the building erected by the lessee on building land, as the case may be, is required by law to be demolished;

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      (k)     the lessee has sub- leased, or parted with the possession of, the whole or any part of the premises without either obtaining the consent of the lessor or being expressly authorised by or under the tenancy agreement or lease so to do;

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      (l)     the lessee of a dwelling house, or of building land on which the building erected by the lessee is used or is intended to be used mainly as a dwelling, uses the house or building mainly for business, trade or professional purposes without either obtaining the consent of the lessor or being authorised by or under the tenancy agreement or lease so to do;

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      (m)     the lessee has been offered by the lessor in writing a new lease at a higher rent which is permissible under this Act but otherwise on the same terms as the existing lease and has failed to accept such offer in writing within a reasonable time;

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      (n)     a building on building land has been sold under attachment for rent;

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      (o)     a dwelling-house is let to a lessee in the employment of the lessor on condition that the tenancy subsists only during the continuance of such employment, or only until the expiration of a period not exceeding one month after the termination of such employment, and the employment has terminated, or such period has expired, as the case may be; or

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      (p)     a dwelling-house has been let to a lessee in the employment of the lessor in consequence of that employment, and the employment has determined or the lessor has offered the lessee alternative accommodation;

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      (q)     the lessee commits a breach of the conditions of his or her agreement,

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   and unless in addition, in any such case as aforesaid, the Court asked to make the order or give the judgment considers it reasonable to make such order or give such judgment. However, an order or judgment shall not be made or given on any ground specified in subsection (1)(e), (1)(f) or (1)(h) unless the Court is also satisfied that, having regard to all the circumstances of the case, less hardship would be caused by granting the order or judgment than by refusing to grant it; and such circumstances are hereby declared to include—

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      (i)     when the application is on a ground specified in paragraphs (e) or (f) aforesaid, the question of whether other accommodation is available for the lessor or the lessee,

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      (ii)     when the application is on a ground specified in paragraph (h) aforesaid, the question of whether other accommodation is available for the lessee.

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   (2)   A Court asked to make such an order or give such a judgment may—

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      (a)     adjourn the application;

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      (b)     stay or suspend execution of the order or judgment, or postpone the date of possession for such period as it thinks fit, and grant further stays or suspensions of execution and further postponements of the date of possession.

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   Any such adjournment, stay, suspension or postponement may be granted subject to such conditions, if any, as the Court thinks fit, and, if such conditions are complied with, and the order has been made or the judgment given, may discharge or rescind the order or judgment.

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   (3)   This Act shall not prevent the making of an order for the ejectment of any person where in the opinion of the Court asked to make the order, the ejectment is expedient in the interest of public health or public safety.

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   (4)   If, after a lessor has obtained an order or judgment for possession or ejectment under this section, it is subsequently made to appear to the Court that the order was obtained by misrepresentation or the concealment of material facts, the Court may order the lessor to pay to the former lessee such sum as appears sufficient as compensation for damage or loss sustained by the lessee as a result of the order or judgment.

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   (5)   In granting an order or giving judgment under this section for possession or ejectment in respect of building land, the Court may require the lessor to pay to the lessee such sum as appears to the Court to be sufficient as compensation for damage or loss sustained by the lessee, and effect shall not be given to such order or judgment until such sum is paid.

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   (6)   Whenever a lessor obtains an order or judgment for possession of any premises to which this Act applies on any ground specified in subsection (1)(e) or (1)(f), and the order or judgment is executed or the lessee voluntarily gives up his or her lease in consequence of that order or judgment, the lessor commits an offence—

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      (a)     if, without first obtaining the permission of the Board, he or she uses or permits to be used or occupies or permits to be occupied or lets the premises at any time for any purpose other than the purpose which constituted the ground on which the order was made or the judgment was given; or

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      (b)     if, having obtained permission as aforesaid, he or she fails to comply with any terms or conditions which the Board may have attached to that permission,

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   and the Board may decline to grant any such permission as aforesaid in any case in which the lessor fails to take such steps (if any) to renew the tenancy of the former lessee as the Board may have directed, or in any case in which the Board is not satisfied that the premises will be used, occupied or leased to good advantage having regard to any prevailing shortage of similar accommodation.

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   (7)   Whenever a lessor obtains an order or judgment for possession of any premises to which this Act applies on any ground specified in subsection (1)(h), and the order or judgment is executed or the lessee voluntarily gives up his or her lease in consequence of that order or judgment, the lessor commits an offence against this Act—

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      (a)     if, without first obtaining the permission of the Board, he or she uses or permits to be used or occupies or permits to be occupied or lets the premises at any time; or

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      (b)     if, having obtained permission as aforesaid, he or she fails to comply with any terms or conditions which the Board may have attached to that permission,

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   and the Board may decline to grant any such permission as aforesaid on any ground on which the Board could decline permission under subsection (6).