By Andrew Irumba
Kampala: Tenants in Uganda will sigh with relief if president Yoweri Museveni signs the Tenant,Landlord Bill 2018 which was passed by parliament on Wednesday 26, 2019, into a law.
The Landlord and Tenant Bill, 2018 seeks to among other things regulate the relationship between landlords and tenants.The Bill was passed with several amendments which relate to duties and rights of landlords and tenants in rented commercial and residential premises. Among the key provisions is that landlords and tenants must sign tenancy agreements for rent transactions of over Shs500,000 with clear terms and conditions. Also, tenancy disputes shall be handled in local council court and other courts of law. It also states the landlords can only evict tenants after securing court orders to do so. Unlawful evictions attract a penalty of Shs5 million or jail term of one year or both upon conviction. MPs also approved the provision that landlords must give tenants an eviction notice of six months. However, the most controversial provision is that all rent shall be settled and recorded in Shillings, contrary to the initial proposal that parties can agree to transact in any other currency in the agreement.
The Trade, Industry and Cooperatives Minister, Amelia Kyambadde and Health State Minister, Sarah Opendi clashed on the floor with the General Duties State Minister in the Finance Ministry, Gabriel Ajedra over the issue. Ajedra argued that the law shouldn’t restrict transactions in Shillings alone because some tenants such as foreign embassies pay landlords in foreign currency, a proposal that was squarely rejected. However, Kyambadde and Opendi led the group of MPs who shot down Ajedra’s proposal. Tororo North County MP, Annet Nyakecho, Bokora County MP, Terence Achia Naco and Guster Mugoya, the Bukooli North County also supported Kyambadde on the need to restrict rent transactions in Shillings. Some of the provisions that were deleted in the Bill include repealing the Distress for Rent (Bailiffs) Act, 1976. The Lands Minister, Betty Amongi explained that the Uganda Law Reform Commission advised government against abolishing the Act because it has been used by landlords to recover rent from defaulting tenants. Amongi lauded MPs for passing the Bill, which was first mooted in 2012 and subjected to consultations involving landlords, tenants, property developers. The bill now awaits being signed by president Museveni before it becomes effective.
