To what extent has Act X of 2009, as subsequently amended, achieved its objectives? : an assessment of the rationale for introducing the amendments and their application by the courts

Abstract

Act No. X of 2009, as subsequently amended, caused a landmark reform to the laws of letting and hiring. This dissertation first presents to the reader a clear and concise picture of the issues triggering the need for a reform, namely the fragmented inadequate old rent laws and the unilateral security of tenure attributed to the tenant by the special laws. The reader is then made aware of the inherent objectives of the reform, including but not limited to the gradual liberalisation of the rental market, the restoration of a level playing field between the parties, and the preservation of the individual’s right to adequate housing. From a regulatory perspective, the legislator also sought to restructure and widen the competence of the Rent Regulation Board, to harmonise and simplify the laws of letting and hiring, and to regulate the lease agreement by way of formality. The interpretations of the diverse courts, boards and tribunals on the laws and regulations promulgated in virtue of the reform lead the author to conclude that while the reform was successful in certain areas, such as in terms of maintaining a finer balance between the rights, duties and interests of the parties, it was clearly imperfect in others, as is evident from the competence dilemma which encumbers the Rent Regulation Board and the ordinary civil courts to date. The author also highlights the importance of the laws of letting and hiring being modernised and developed in such a way as to cater for the newer challenges which the rental market is facing and will continue to face in the short, medium and long term, and makes reference to the issues which will be interesting to analyse in greater depth in the future.