Last Updated: 1 December 2016
AN ACT TO PROVIDE FOR THE RELATIONS BETWEEN LANDLORDS AND TENANTS OF AGRICULTURAL HOLDINGS AND FOR MATTERS CONNECTED THEREWITH
[ALT 9] Statutory conditions and covenants9
9
- (a)that the rental payable under the contract shall be paid by the tenant not later than the day or days in each year specified in the contract of tenancy;
- (b)that the landlord shall issue to the tenant, at the time the rent is paid, a receipt in writing for the payment of such rent by or on behalf of the tenant;
- (c)that the landlord shall not evict or attempt to evict the tenant or give the tenant notice to quit or otherwise terminate or attempt to terminate the contract except as permitted and authorised by the provisions of this Act;
- (d)that the tenant shall not terminate or attempt to terminate the tenancy except as permitted and authorised by the provisions of this Act;
- (e)on the part of the tenant—
- (i)to pay the rent at the times and in the manner agreed between the parties;
- (ii)not to part with the possession of, mortgage, assign, sublet or otherwise alienate the holding or any part thereof without the consent in writing of the landlord previously obtained, which consent shall not be unreasonably withheld, and then, only in accordance with the provisions of this Act;
- (iii)to permit the landlord or any person authorised by him or her in writing at all reasonable times to enter upon the holding other than a dwelling house to examine the state and condition thereof and for all other reasonable purposes connected with the proper use and cultivation of the holding by the tenant;
- (iv)to farm, cultivate, manure and manage the entire holding in a good and husbandlike manner according to the practice of good husbandry and also to keep the holding in good heart and condition and not to allow any part to become impoverished, injured or deteriorated by neglect or improper cultivation, and to keep the same clean and free from weeds;
- (v)to yield up, at the expiration of the tenancy, the entire holding in such a state of cultivation and management as shall be in compliance with the tenant’s obligations under the contract of tenancy;
- (f)on the part of the landlord—
- (i)the landlord shall permit the tenant on his or her paying the rent reserved and performing and observing the terms and conditions implied in the contract of tenancy peaceably and quietly to hold and enjoy the holding during the term of the tenancy without any interruption by the landlord or any person lawfully claiming from, under or in trust for, the landlord;
- (ii)that on termination of the tenancy the tenant, if he or she has paid all the rent and observed and performed all the conditions of the tenancy, shall be entitled, at the option of the landlord, during the next 12 months to cultivate and to reap any standing crops or receive compensation in lieu;
- (g)on the part of both—
- (i)in relation to contracts of tenancy made after the commencement of this Act, that the rent shall be liable to reassessment at the expiry of the fifth year of the term of the tenancy and thereafter at the expiry of each successive period of 5 years, on either party to the agreement serving notice on the other party at least 3 months prior to the expiry of the 5 yearly period that he or she requires the rent to be reassessed;
- (ii)in relation to contracts of tenancy subsisting at the commencement of this Act, that the rent shall be liable to reassessment at any time on either party serving not less than 3 months’ notice in writing on the other party that he or she requires the rent to be reassessed, and thereafter, after each successive period of 5 years, on either party serving a notice in writing on the other party at least 3 months prior to the expiry of each such 5-yearly period, that he or she requires the rent to be reassessed.
[subs (1) am Ordinance 21 of 1967 s 4, effective 14 September 1967; Act 35 of 1976 s 7, effective 1 September 1977]
(2) Every contract of tenancy shall be deemed to contain the following clause—
“This contract is subject to the provisions of the Agricultural Landlord and Tenant Act 1966, and may only be determined, whether during its currency or at the end of its term, in accordance with such provisions. All disputes and differences whatsoever arising out of this contract, for the decision of which that Act makes provision, shall be decided in accordance with such provisions.”
[subs (2) am Act 35 of 1976 s 7, effective 1 September 1977]
The Laws of Fiji