Monday, June 26, 2006

Hon Kurt Tibbetts, Leader of Government Business

Those living in rented accommodation in the Cayman Islands may soon face new Landlord and Tenant legislation that does not give tenants as many rights as may have been expected after the law was first muted.

The country's law reform team is now pouring over the Islands' old Landlord and Tenant Laws - based on edicts from the Cabinet and the Attorney General to bring the legislation up to "modern day standards."

Going by a section of the first Annual Report of the Law Reform Commission, one of this group's considerations is:

"that the pendulum should not swing too far in conferring rights on tenants (as) there is the...concern that this could prove to be a disincentive to letting of property, and thus reduce the available stock of accommodation."

In reviewing and reforming the law, the Law Reform Commissioners have said in their first annual report that their task is to strike "a delicate balance" between rights to tenants and rights to landlords.

However, as one concerned resident commented the issue should be about what is actually going to be done to right the wrongs that exist in this area.

"Let us remember why we have to be revisiting the law in the first place," said the resident who wanted to remain anonymous.

"There is already a great imbalance that makes it difficult for tenants to survive."

The recent problems included rent price gouging and no-notice periods for increased rents; improper termination of leases with tenants who broke no sections of agreements previously made; tenants being kicked out by landlords seeking higher rents; and, other contentions between landlords and tenants following Hurricane Ivan were the reason why the issue of a Landlord and Tenant law was raised.

Tenants faced with these issues have had no redress in the country's law books.

Landlords, on the other hand, have objected to being expected to absorb hurricane restoration costs along with increased insurance rates and higher strata fees.

Members of the media recently asked the Leader of Government Business, Hon Kurt Tibbetts, about the changes the country's law reformers had been working on for the new Landlord and Tenant legislation and when the new Bill on the law would be ready.

Mr Tibbetts on 16 June at a Media Briefing by cabinet members, said that the Law Reform Commission was still working on the matter - based on comments received during a consultative period.

The consultation he said was between the Law Reform team and groups such as rental agencies, the Chamber of Commerce, Cayman Islands Real Estate Brokers Association (CIREBA), the Complaints Commission, as well as other groups.

The Law Reform Commissioners are also looking at the position in other jurisdictions; figures from the Economics and Statistics Office as to increases in consumer prices over the past year; a proposal from Island Rental Services; a proposal from Attorney-at-Law, Stephen Hall-Jones; as well as other elements.

According to Mr Tibbetts, he had every hope that a Revised Bill will be brought back to legislators for discussion in a Legislative Assembly September 2006-sitting.

However, the Landlord and Tenant Law was first sent to the Law Reform Commission last year - in October 2005 - and still more time is needed because, according to their first annual report, "some responses (from persons with whom they have consulted) are still outstanding" and only "preliminary views" on the document have been formed at this stage, which means meeting such a deadline may be difficult.

Moreover the Commission meets infrequently, the team is only required to meet at least once every three months. However, due to the workload, the Commissioners agreed to meet more over the past year and held meetings on 16 September, 21 October and 9 December 2005. In 2006, the meeting was on 3 February.

Additionally, it must be taken into account that the Law Reform Commission's workload has been described in its first annual report as a "heavy legislative programme" - with matters including the Police and Evidence Bill, the Corruption Bill, the Contempt of Court Bill, The Proceed of Crime Bill, the Youth Justice (Amendment) Bill, the Legal Practitioners Bill, the Legal Aid Bill, The Companies (Amendment) Bill, and, the Consumer Agency Bill.

Added to this, the Commission also has an examination of the Maintenance Law, the Affiliation Law, the Matrimonial Causes Law, Children's Regulations and the Family Court Bill, on its agenda.

Formed on 1 May 2005, the Commission commenced work on 16 September 2005 with the five Commissioners setting a wide-ranging review programme.

Senior Legislative Counsel, Cheryl Ann Neblett, heads the Commission's office and the Commissioners are Nigel Clifford, QC, Chairman; Langston Sibblies; Andrew Jones, QC; Cheryll Richards (Solicitor General); and Eileen Nervik.

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