TEMPORARY CONTROL OF PREMISES

CHAPTER 60:01
TEMPORARY CONTROL OF PREMISES

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Application

    3.    Interpretation

    4.    Establishment, membership and protection of tribunals

    5.    Proceedings of tribunal

    6.    General powers of tribunal

    7.    Orders of tribunal

    8.    Appeals

    9.    Statutory tenancies

    10.    Implied covenants in statutory tenancies

    11.    Powers of tribunal to vary terms of statutory tenancies

    12.    Order for possession of premises

    13.    Determination of statutory tenancy by tenant

    14.    Jurisdiction of courts

    15.    General law of landlord and tenant applicable

    16.    Penalties

    17.    Power of High Court to make Rules

    18.    Duration of Act

        Schedule

43 of 1955
G.N. 22/1963
1/1965

    An Act to Make Provision for the Temporary Control of Certain Premises and for Purposes connected therewith

1.    Short title

    This Act may be cited as the Temporary Control of Premises Act.

2.    Application

    This Act shall apply to all premises to which the Rent and Mortgage Interest (Restriction) Ordinance, 1944 (now repealed) applied on the 31st December, 1955, and which were subject to a tenancy at such date:

    Provided that this Act shall not apply to any such premises which are, on the 1st January, 1956, let under a tenancy agreement which—

    (a)    has been drawn by a legal practitioner; and

    (b)    has been duly stamped and registered before such date; and

    (c)    has, at such date, at least one year to run.

3.    Interpretation

    In this Act, unless the context otherwise requires—

    “landlord” means any person other than a tenant who is, or would be but for this Act, entitled to possession of the premises and any other person from time to time deriving title under the original landlord, and includes a sublessor;

    “let” includes sublet;

    “order” includes any decision, determination, judgment or finding;

    “premises” means any premises to which this Act applies;

    “prescribed date” means the date prescribed by the Minister in accordance with section 11;

    “statutory tenancy” means a tenancy created by operation of section 9;

    “tenancy agreement” means any agreement between a landlord and a tenant whereby premises are let or agreed to be let;

    “tenant” includes a subtenant and any person from time to time deriving title under the original tenant;

    “tribunal” means a rent tribunal established under section 4.

4.    Establishment, membership and protection of tribunals

    (1) The Minister may, by notice published in the Gazette, establish a rent tribunal for any area of Malawi.

    (2) A tribunal shall consist of a chairman and such other members as the Minister may, by notice published in the Gazette, from time to time appoint.

    (3) The Minister may appoint, either generally or for any period, a deputy chairman of a tribunal to act as chairman of such tribunal in the absence of the chairman.

    (4) A tribunal may appoint and employ officers, valuers, inspectors, clerks and other staff for the better carrying out of this Act.

    (5) No matter or thing done by any chairman, member, officer, or agent of a tribunal, if done bona fide in the execution or purported execution of this Act, shall subject any such person to any action, claim, liability or demand whatsoever.

5.    Proceedings of tribunal

    (1) The chairman, or in his absence the deputy chairman, shall preside at all meetings of a tribunal.

    (2) Three members shall constitute a quorum at any meeting of a tribunal.

    (3) All matters considered by a tribunal shall be decided by the votes of a majority of the members present. In the event of an equality of votes, the chairman shall have a casting vote in addition to his deliberative vote.

    (4) A tribunal may take into consideration any evidence which it considers relevant, notwithstanding that such evidence would not be admissible in a court of law.

    (5) All notices or other documents issued under the hand of the chairman of a tribunal shall be deemed to have been issued by such tribunal.

    (6) The proceedings of a tribunal shall ordinarily be open to the public, but a tribunal may, in its discretion, direct that the public be excluded from any proceedings or part thereof.

    (7) A record shall be kept of all proceedings of a tribunal, including a summary of any evidence given before it.

    (8) A tribunal shall give at least seven days’ notice of the date appointed for the hearing of any matter to all parties concerned.

    (9) Before any decision of a tribunal is made, any person having an interest therein, or his representative, shall be given an opportunity to be heard.

    (10) Any interested party may be represented before a tribunal by a legal practitioner or by any person whom the tribunal may, in…