Section 2: Interpretation

2. Interpretation In this Act— “bank” has the same meaning as in the Banking Act; “business premises” means premises primarily intended for use for business, commercial, industrial, office or professional purposes; L6 – 1 [Issue 1] Landlord and Tenant Act “Chairperson” means the Chairperson of the Tribunal appointed under section 10 (2); “Court” means the District Court exercising jurisdiction in the district or other area where the relevant premises are situated; “determination of the Tribunal” means a determination made by the Tribunal in the exercise of its jurisdiction under Part III; “dwelling house”— (a) means premises primarily intended for use as a dwelling house notwithstanding that part of them are used for another purpose; and (b) includes a part of a house let as a separate dwelling; “fair rent” has the meaning assigned to it in section 6; “industrial premises” means premises which are primarily intended for use for industrial purposes of manufacture or service; “landlord” means the person who receives, or is entitled to receive, rent in respect of any premises; “letting” and “subletting” include the using and occupying of premises; “market rent” means the rent which a willing landlord might reasonably expect to receive if the premises were put up for letting in the open market; “member”— (a) means a member of the Tribunal; and (b) includes the Chairperson; “member of a family”, in relation to a landlord who is a natural person, means a relative by blood or marriage who would, if he were in need, be entitled to maintenance from the landlord; “Minister” means the Minister to whom responsibility for the subject of housing is assigned; “possession order” means an order made by the Court for the recovery of possession of, or the ejectment of a tenant from, any premises; “premises”— (a) means any premises to which this Act applies and the curtilage thereof; and (b) includes— (i) a dwelling house; (ii) a place of worship; and (iii) premises primarily intended for use, on a non-profit making basis, for cultural, social or sports purposes; [Issue 1] L6 – 2 Revised Laws of Mauritius “previous letting” means the letting to a tenant, before 15 August 1999, of— (a) a dwelling house; (b) a place of worship; or (c) premises primarily intended for use, on a non-profit making basis, for cultural, social or sports purposes; “Registrar” means the person designated as such pursuant to section 10 (6); “related corporation”, in relation to a landlord that is a body corporate, has the same meaning as in section 2 (7) of the Companies Act; “rent” means the amount paid, received or due on a monthly basis, or for such other period as may be agreed upon by the landlord and the tenant, in consideration of the letting of any premises; “rent book” means a document issued pursuant to section 5; “tenancy” includes use and occupation; “tenant” includes, where the person referred to in paragraph (a) or (b) is able and willing to occupy the premises for the same purpose for which they were occupied by the tenant before his death— (a) the surviving spouse, if any, who was occupying the premises with the tenant at the time of the latter’s death; or (b) where there is no surviving spouse, such member of the tenant’s family who was so occupying the premises as may, in default of agreement between the relevant parties, be determined by the Court; “Tribunal” means the Fair Rent Tribunal established by section 10; “value” means the amount which any premises, if sol se for which they were occupied by the tenant before his death— (a) the surviving spouse, if any, who was occupying the premises with the tenant at the time of the latter’s death; or (b) where there is no surviving spouse, such member of the tenant’s family who was so occupying the premises as may, in default of agreement between the relevant parties, be determined by the Court; “Tribunal” means the Fair Rent Tribunal established by section 10; “value” means the amount which any premises, if sold in the open market by a willing seller, might reasonably be expected to fetch. [S. 2 amended by s. 3 of Act 5 of 2005 w.e.f. 30 May 2005.] PART II – APPLICATION OF ACT