Restriction on landlords' right to possession of business premises in Tanzania

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Periodical article

Title:	Restriction on landlords' right to possession of business premises in Tanzania
Author:	Gondwe, Zebron Steven
Year:	1992
Periodical:	Eastern Africa Law Review (ISSN 0012-8678)
Volume:	19
Issue:	1
Period:	June
Pages:	70-86
Language:	English
Notes:	biblio. refs.
Geographic terms:	Tanzania East Africa
Subjects:	rental housing rent housing policy law Right of property legislation
Abstract:	The State intervenes in the relationship between landlord and tenant in order to protect the tenant from uncontrolled rent increases and to provide the tenant with a measure of security against eviction. The present paper attempts to determine the scope of rent control in Tanzania, focusing specifically on the recovery of possession of business premises for the landlord's own use. It examines the landlord's right to possession of business premises under the relevant Tanzanian legislation, notably the Rent and Mortage Interest (Restrictions) Bill 1941, the Rent Ordinances of 1941 and 1951, the Rent Restriction Acts of 1962 and 1984, and the Written Laws (Miscellaneous Amendments) Act 1990. It appears that business premises in Tanzania are subject not only to restriction on rent and the right to recover possession, but also to the concept of 'statutory tenancy'. This, together with the protracted nature of rent control litigation, translates into the persecution of landlords and the virtual impossibility of recovering possession. Notes, ref.