Section 9: Permitted increases of rent
consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
9. Permitted increases of rent
(1) A landlord may increase the rent of any premises by an amount representing any increase in the taxes, rates or service charges payable by him
in respect of the premises.
(2) The landlord of any premises which are the subject of a previous letting to a tenant may increase the rent payable by that tenant where he has
incurred expenditure on any restoration, improvement or structural alteration
of the premises, other than expenditure on decoration or minor repairs.
(3) The amount of the increase permitted under subsection (2) shall be
calculated at a rate per annum not exceeding 12 per cent of the expenditure
incurred.
(4) Where any business premises were let to a tenant on or before 1 July
2005, the landlord shall be entitled to and may increase the rent payable by
an amount determined in accordance with the Second Schedule.
(5) Notwithstanding subsection (4), where the landlord and the tenant
have, before 1 July 2005, agreed to increase the rent by an amount which is
higher than the amount of increase determined in accordance with subsection (4), the tenant shall pay the rent as agreed.
(6) – (8) —
(9) The landlord of any premises that are let to a tenant after 15 August
1999 may increase the rent payable by that tenant where he has incurred
expenditure on any restoration, improvement or structural alteration of the
premises, other than expenditure on decoration or minor repairs.
(10) The increase permitted under subsection (9) shall be an amount representing the amortisation, over a period of 5 years, of the expenditure incurred, with interest at not less than the prevailing Repo rate determined by
the Bank of Mauritius.
[S. 9 amended by s. 5 of Act 5 of 2005 w.e.f. 30 May 2005; s. 4 of Act 21 of 2009 w.e.f. 1
January 2010; s. 12 of Act 26 of 2013 w.e.f. 21 December 2013.]
Sub-Part B – Tribunal
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Questions this section answers
- Can my landlord raise my rent because their taxes or rates went up?
- Can my landlord increase my rent after paying for improvements to the property?
- Is there a yearly limit on a rent increase based on improvement costs?
- How is a rent increase worked out for business premises let on or before 1 July 2005?