Abuse by landlords remains a problem

Complaints Commissioner
Dr John Epp

Wednesday,  August 24, 2005

Almost a year after Hurricane Ivan ruined and completely destroyed a significant portion of the already short supply of the residential accommodation stock on the Cayman Islands, a small portion of landlords are still abusing the tenant-landlord relationship.

“My office received at least one complaint per week about landlords abusing their tenants,” said Dr. Epp, the Complaints Commissioner.

According to Dr. Epp, his office has heard complaints over everything from leaking roofs and gaping holes in walls to land-lords disproportionately jacking up rent, which has been a persistent complaint across the Island since Ivan.

Dr Epp added however that his office can do little to help as the private sector falls outside of his current remit.

“Unless the Government is the landlord, I have no jurisdiction over these matters. Most of these complaints are against private landlords,” Dr Epp told The Jamaican In Cayman.

Mr Carlton, one tenant who complained to The Jamaican In Cayman said his landlord is charging him $600.00 per month for four walls in a rundown neighborhood, and in January he and his friend found one room in a family house in the Windsor Park area, which was damaged during the hurricane. They agreed to do the repairs for the landlord, but had worked out no clear contractual agreement.

Because it was two of them, they decided to create an extra room in the living room area. At the end of the repair, they brought their own stove and other household gadgets since none was provided, which include bedroom fixtures for the second bedroom that was added. For months they lived at the premises with no electricity connected. They had to use an extension cord. One night just before the beginning of the month, their landlord told them their rent would be $600.00 each.

Mr Carlton is not the only one having to suffer this fate in the community. The Jamaican In Cayman has discovered a number of cases where tenants are doing their own repairs without compensation. Other circumstances reported to The Jamaican in Cayman included landlords boldly telling tenants they must leave the accommodation because the landlord wants to significantly increase the rent to a tenant that can afford the new rate.

In one instance, a tenant complained that his overseas landlord suggested putting bunk beds in the rooms and charge individually on a weekly basis.

According to Dr. Epp, other than the Civil Court, there is no avenue for the tenants to redress their grievance, although the Chamber of Commerce has been compiling complaints in order to try and raise the issue.

Without established landlord and tenant law however even in the Civil Court, tenants may find it very difficult to win favorable judgment. More likely the judge will recommend that they move since outside of a written contract, there are no laws to protect the tenant for more than the period by which the rent is paid– Iin most cases, one month.

When pressed to comment if a rent board would be necessary, or should the industry be allowed to regulate itself, Dr. Epp responded that his office should be neutral on matters of Government policy so he is not at liberty to tell government what to do; however many democratic countries have created agencies such as a rent boardsas part of the solution.

Many have argued against this however, here in the Cayman Islands because of the free market economy. Some say that if the country was to regulate rental prices, and not let the market decide, it may put off overseas investors, important contributors to the economy.

.Back...