Temporary Control of Premises Act
- Commenced on 1 January 1956
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
1. Short titleThis Act may be cited as the Temporary Control of Premises Act.
2. ApplicationThis Act shall apply to all premises to which the Rent and Mortgage Interest (Restriction) Ordinance, 1944 (now repealed) applied on the 31st December, 1955, and which were subject to a tenancy at such date:[13 of 1944]Provided that this Act shall not apply to any such premises which are, on the 1st January, 1956, let under a tenancy agreement which—
3. InterpretationIn this Act, unless the context otherwise requires—“landlord” means any person other than a tenant who is, or would be but for this Act, entitled to possession of the premises and any other person from time to time deriving title under the original landlord, and includes a sublessor;“let” includes sublet;“order” includes any decision, determination judgment or finding;“premises” means any premises to which this Act applies;“prescribed date” means the date prescribed by the Minister in accordance with section 11;“statutory tenancy” means a tenancy created by operation of section 9;“tenancy agreement” means any agreement between a landlord and a tenant whereby premises are let or agreed to be let;“tenant” includes a subtenant and any person from time to time deriving title under the original tenant;“tribunal” means a rent tribunal established under section 4.
4. Establishment, membership and protection of tribunals
5. Proceedings of tribunal
6. General powers of tribunalA tribunal shall have power to do all things which it is required or empowered to do by or under this Act, and in particular shall have power—
7. Orders of tribunal
9. Statutory tenanciesSubject to this Act every tenancy of premises shall, on the 1st January, 1956, become a statutory tenancy for a term of four years certain from the said date upon the same terms and conditions as were subsisting on the 31st December, 1955.
10. Implied covenants in statutory tenanciesThere shall be implied in every statutory tenancy the covenants set out in the Schedule:Provided that where such covenants are inconsistent with the terms and conditions of a tenancy agreement, the tenancy agreement shall prevail.
11. Powers of tribunal to vary terms of statutory tenanciesNotwithstanding this Act a tribunal, upon the application, before such date as shall be prescribed by the Minister, of a landlord or tenant of any premises, or of its own motion shall have power—
12. Order for possession of premises
13. Determination of statutory tenancy by tenantThe tenant of any premises may, at any time before the 1st April, 1956, or within three months of any order made in accordance with section 11, determine his statutory tenancy of such premises by giving one month's notice in writing to the landlord.
14. Jurisdiction of courtsNo order for possession of premises, except on the ground that rent lawfully due from the tenant has not been paid, shall be made by any court until after the prescribed date or until after the determination of any application made to a tribunal in respect of such premises, whichever is the later.
15. General law of landlord and tenant applicableExcept as otherwise provided by this Act, the law relating to landlord and tenant for the time being in force in Malawi shall apply to all statutory tenancies.
17. Power of High Court to make RulesThe High Court may make Rules prescribing anything which, under this Act, may be or is to be prescribed and generally for the better carrying out of the purposes of this Act.
18. Duration of ActThis Act shall expire upon such date as the Minister may declare by order published in the Gazette.
History of this document
01 January 1956