By: Kebba AF Touray
Tenants in the Gambians are dwelling in rented houses amidst plights that pose difficulties to them and families. These plights also pose daunting challenge on their living condition and economic situation. Some of these plights include frequent high rent rate increment and exorbitant monthly rent fees.
These challenges are compounded by unfavorable conditions such as payment of six-months advance and deposit of in some cases D5000 which is deposited to be use for renovation of damages on the rented house by a tenant in case a tenant wants to vacate such rented.
The First rent Act was enacted in 1996 under a military decree number 67 of 1996. The Act seek to establish rent tribunals for the regulation and adjudication of rent issues, and for connected matters.
According to the act of 1996, rent includes moneys paid by a tenant to a landlord for the occupation of a property at a given period as agreed upon by the landlord and the tenant.
The parent rent act of 1996, under section 14 (1) mandates that the register of rent for tribunal shall prepare and keep up to date a register for the purpose of registering properties and standard rent and shall make the registrar available for inspection in such place and manner as the tribunal may direct.
The act in section 15 (1) mandates that where a tribunal determines the standard rent for any property, the rent officer shall register such property and the standard rent after payment by the landlord of the fees prescribed in the second scheduled.
The 2017 Rent (Amendment) seeks to amend the Rent Act 2014, by removing the administration of the Act from the responsibility of the Ministry of Justice and placing it within the remit of the judiciary as stated in the Constitution.
The constitution states that “The tribunal is a Court of the Gambia within the meaning of that term as used in section 120 of the Constitution which is an anomaly for the Rent Act 2014 to invest the Attorney General and Minister of Justice with certain powers over rent tribunals”.
Such powers include the power to appoint the registrar, the chairperson and other members of a tribunal and the power to determine the remuneration of the chairperson and members of a tribunal.
The 2017 (Amendment) Bill will also give provision for the rent tribunal to be solely presided over by a first class magistrate as chairperson, in an attempt to tackle the considerable backlog of cases before the tribunals, which will help solve the perennial problems between landlords and Tenants.
However, despite this constitutional requirement, there is no registration of property and regulation for increasing rent rate, which are gaps in the administration of rent in the Gambia, and are adversely affecting tenants in the country.
The Rent (Amendment) Bill, 2023, tabled by the Member for Serrekunda West, on Tuesday 19th December 2023, Hon. Madi Ceesay seeks to abridge such gaps in 2014 (Amendment) Acts, with the objective of addressing the plights of tenants and difficulties associated with rent.
The bill seeks to amend the 2014 Rent Act, as laws guiding rent is crucial adding majority of citizens including the Government are living in the rent premises, and pay huge amount of money on rent fees.
It is the objective if the bill to address the plights affecting tenants such as frequent increment of rent, high rates increment of 5 percent (2014 act) and to ensure that the rights of the tenants are respected and they are treated humanely
Hon. Ceesay said “The Bill seeks to improve on the rent act 2014, by raising value specified for a low-cost rental premises such that it is in line with contemporary times, as well as to enable the ordinary person afford to pay his or her rent monthly rather than face the burden of paying for six or more at any given time”.
He added “The rate that rent is increased is also carefully considered so that both the tenants and landlords do not suffer, as a reasonable percentage will be allowed as annual increment of rent”.
He said that the bill has considered that the landlord provides a very valuable service and therefore the bill seeks for the proper up keep of premises that tenants occupy for the period agreed by both parties.
He expressed his strong conviction that his fellow lawmakers will give the bill all the necessary support to ensure that it is passed by the legislature in the drive to becoming a law in the Gambia.
This he said is necessitated by the problems affecting tenants, some of which include exorbitant rent rate charges, payment of six-months payment, spontaneous increment in rate that rent is increased which is costly and the lack of proper upkeep of premises that tenants occupy for the agreed period.
Alagie Cham a tenant said “As a country we are suffering from numerous issues relating to rent especially the tenants. The implementation of rent law in itself is an issue. The bill is in line and apt to ensure that the tenants have a voice and are fairly treated. The bill once passed will give rights and justice to tenants in ensuring that they fairly treated by the landlord”.
He added that the bill once passed, will also avert a scenario wherein the landlord will just increase their rent without due process, which is not fair while the economic situation of the person renting has actually not increased.
Kaddy Ceesay a female tenant lamented “People suffer as a result of rent. The rate at which rent is increased is outrageous and the way landlord treat their tenants is disheartening. The tenants are in some cases treated as animals, as their premises are left without taken care of as required”.
Once passed into law, she implored that the Local Government Ministry must effectively and efficiently play it roles of implementing the law so that the purpose for which it is passed into law is met, saying “This is because they are closer to the people and they have direct link with the people”.
Musa Darboe another tenant, stressed that he is concerned that even though there is rent act of 2014, majority of the rented properties are not registered.
He said “The government should really pay attention to that issue to ensure that both citizens and residents in the Gambia who builds a structure, be graded and registered. This will enable the state to also generate revenue form that rented property for which tenants pay rent on monthly basis for national development”.
He decried that it is very unfair for a landlord to condition a tenant that “if you don’t pay six months advance I will not give you my house. So, I think once it is passed and implemented all those problems will be addressed”.
Despite rent being one of the major issues confronting the people, the political parities who are anticipated to be representatives of the people once voted into office, did little to address the menace.
This is due to the fact that, though most of them advocate for affordable rent, they did not devise holistic and comprehensive policy to holistically address the menace.
The most important document of the country, which is the National Development Plan (NDP) 2018-2021 has not talked about the need to address the rent problems, as it does not have a policy that will address the problems associated with rent.
It is therefore a solid conviction that the bill once enacted into law and effectively implemented, will go an extra mile in complementing both the parent act of 1996 and the 2014 amendment in the drive to abridging the defects in the act.
It will also ensure that the problems confronting tenants with respect to rent will be things of the past, as well as ensure that tenants are fairly and humanely treated, and their rights and voices will also be respected by landlords.
Foroyaa Newspaper thus strongly implore on the National Assembly Members to give the bill all the requisite support to ensure it is passed. The medium also implores on the President to swiftly ascent to the bill to become law.
It also appeals to the Local Government Ministry to effectively implement the dictates of the bill.
