1 L.R.O. 2002 Landlord and Tenant CAP.

230

CHAPTER 230

LANDLORD AND TENANT

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.

PART I

Interpretation

2. Interpretation.

PART II

Attornment

3-8. Repealed by 1979-11.

PART III

Apportionment

9. Repealed by 1979-11.

10. Portion of rent may be recovered by executors of tenant for life.

11. Landlord may recover portion of rent if premises attached.

12. Apportionment of rents, annuities, pensions, dividends etc. on death of

person to whom such interest is due.

PART IV

Distress

13. Cattle etc. and all sorts of produce may be distrained.

THE LAWS OF BARBADOS

Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
CAP. 230 Landlord and Tenant L.R.O. 2002 2

SECTION

14. Growing crops may be distrained.

15. Distraint of rent after determination of lease.

16. Goods fraudulently removed may within 30 days be distrained and sold.

17. Saving for bona fide purchaser.

18. Penalty on tenants and persons assisting them in removing goods

fraudulently.

19. Houses etc. to which goods are fraudulently removed may be broken open
with assistance of a constable.

20. For rent not exceeding $240 p.a. redress by warrant for a wrongful distress
before magistrate.

21. Magistrate to enquire into right to distrained goods claimed by a stranger.

22. Proceedings to be stayed on application to magistrate.

23. In replevin, what constitutes sufficient defence.

24. Chief Marshal to proceed in replevin of a distress.

25. Lodger, if distress levied, to make declaration that immediate tenant has no
property in goods distrained.

26. Penalty for distress after declaration by lodger.

27. Effect of payments by lodgers to superior landlord.

28. Distress not deemed unlawful for irregularity, but party aggrieved may
recover special damage.

29. No action where amends tendered before action brought.

30. Distress for rent may be sold.

31. For rescous of distrained goods treble damages and costs recoverable.

32. Double the value may be recovered against a party distraining and selling
goods when no rent due.
2A L.R.O. 2002 Landlord and Tenant CAP. 230

SECTION

33. Landlord may plead general issue and give special matter in evidence.

PART V

Summary Recovery of Possession

34. Where lands etc. are deserted, how landlord may proceed to obtain
possession, etc.

35. Recovering possession of tenements held at will or for a term of not more
than 7 years and at an annual rent not exceeding $10 000, after the tenancy
has been duly determined.

THE LAWS OF BARBADOS

Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
 Landlord and Tenant CAP. 230

SECTION

36. Manner of serving the notice of intention to proceed.

37. Proceedings in cases of parties claiming possession who have no title.

38. Bond to be given by the party disputing the title to pay costs in the
event of judgment going against him.

39. Protection to magistrate and officer issuing and serving process.

40. Parties having a title not to be deemed trespassers by reason of any
informality in the proceedings.

41. Tenement held by servant where no term has been fixed or no rent
receivable or where occupancy incidental to service.

42. Ejectment of servants holding as incident to service.

43. Compensation for fruit trees, and unexhausted farming works.

44. Amount of compensation.

45. Act not to work as incidental tenancy where not previously so.

46. Fees of magistrates and constables.

47. Value of crops and compensation for fruit trees and unexhausted
farming works.
48. How value and compensation are to be assessed and recovered.

PART VI
Miscellaneous

49. Tenant to whom declaration in ejectment delivered to give notice

forthwith to his landlord.

50. Landlord may be made defendant with tenant in ejectment.

51. Landlord may recover reasonable satisfaction for lands occupied
where agreement is not by deed.

52. Goods not to be taken in execution without the rent due, not exceed-
ing one year, being paid to the landlord.
-.
f 53. Protection of persons acting under authority of Act.

SCHEDULE

THELAWSOFBARBADOS
Printed in England by Eyre and Spottiswoode Limited, P Serjeants’ Inn, London EC&
by authority of the Government of Barbados
5 L.R.O. 2002 Landlord and Tenant CAP. 230
ss.1-2

CHAPTER 230

LANDLORD AND TENANT

An Act to consolidate and amend the Acts of Barbados relating to 1897-2.

landlord and tenant. 1955-38.
1956-56.
1956-57.
1969-27.
1979-11.
1980-14.
1997-11.
2002-24.
[19th June, 1897] Commence-
ment.
1. This Act may be cited as the Landlord and Tenant Act. Short title.

PART I
Interpretation
2. For the purposes of this Act, the expression Interpreta-
tion.
"agent" means any attorney lawfully constituted or any person usually
employed by the landlord or his attorney in the letting of the
premises or in the collection of the rents thereof or specially
authorised to act in the particular matter by writing under the
hand of the landlord;
"landlord" means the person entitled to the immediate reversion of the
premises or, if the property be held in joint tenancy, coparcenary
or tenancy in common, any one of the persons entitled to such
reversion;
"lodger" includes every person the renter from any occupier, not being
the owner, of a dwelling-house or part of such dwelling-house
for the purposes of residence only but does not include an under-
tenant of premises used for business purposes;
"person" includes a body politic, corporate, or collegiate as well as an
individual;

THE LAWS OF BARBADOS

Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
 CAP. 230 Landlord and Tenant L.R.O. 2002 6
ss.3-8

"premises" means lands, houses or other corporeal hereditaments.

1979-11. PART II

Attornment

3 - 8. Repealed by 1979-11.
7 L.R.O. 1985 Landlord and Tenant CAP. 230

PART III
Apportionment

9. Repealed by 1979-11.

THE LAWS OF BARBADOS

Rlnted by the Government Prlntlq Department, Bay Street, SI. Michael,
by the authority of the Government of Barbados
ss.lO-12 CAP. 230 Landlord and Tenant L.R.O. 1985 8

Portion of 10. Where any rent is reserved and made payable on any
rent may be
ICCXXWt2d demise or lease of lands, tenements or hereditaments and the
by execu- lease or demise determines on the death of the person making
tors of
tenant for the same (although he was not strictly tenant for life thereof)
life. or on the death of the life for which such person was entitled
to such hercditaments, the executors or administrators of the
person and the person making any such demise or lease which
determines on the death of the life for which such person was en-
titled to such hereditaments shall and may respectively recover of
and from the under-tenants of such lands, tenements or here-
ditaments a proportion of the rent, according to the time the
person, by whose death such demise or lease determined, lived
of the last year or quarter of a year or other time in which the
rent was growing due, making all just allowances or a propor-
tionable part respectively.

Landlord 11. Where any lands, tenements or hereditaments are

may.recover
yy of attached before the day on which any rent was reserved or
made payable upon any demise or lease thereof, the lessor or
premises
attached. landlord thereof from whom they were attached shall and may
recover from the tenant thereof a proportion of the rent,
according to the time such lessor or landlord was seised thereof,
of the last year or quarter of a year or other time on which the
said rent was growing as aforesaid, making just allowances.

Apportion- 12. (1) All rents-service reserved on any lease by a tenant

ment of
in fee or for any life interest or by any lease granted under
~?$Y~xI- any power (such leases having been granted after the 7th April,
den&s, etc.,- 1868)and all rents-charge and other rents, annuities, pensions,
ondeath of dividends and all other payments of every description in
person to
,+.h,,mW&Barbados, made payable or coming due at fixed periods under
interest is any instrument executed, or in the case of a will or testamentary
due.
writing coming into operation, after that date, shall be
apportioned so and in such manner that on the death of any
person interested in any such rents, annuities, pensions, divi-
dends, or other payments, or in the estate, fund or office from
or in respect of which the same issue or derive, or on the
9 L.R.O. 1985 Landlord and Tenant CAP. 230 s.13

determination by any other means whatsoever of the interest

of any such person, he and his executors, administrators or
assigns shall be entitled to a proportion of such rents, annuities,
pensions, dividends and other payments, according to the time
which elapses from the commencement or last period of pay-
ment thereof, as the case may be, including the day of the
death of such person, or of the determination of his interest,
all just allowances and deductions in respect of charges on
such rents, annuities, pensions, dividends and other payments
being made.

(2) Every such person, his executors, administrators and

assigns shall have the same remedies at law and in equity for
recovering such apportioned parts of the rents, annuities,
pensions, dividends, and other payments, when the entire
portion, of which such apportioned parts form part, become
due and payable and not before, as they would have had for
recovering and obtaining such entire rents, annuities, pensions,
dividends and other payments, if entitled thereto.
(3) Persons liable to pay rents reserved by any lease or
demise, and the lands, tenements and other hereditaments
comprised therein, shall not be resorted to for such apportioned
parts specifically as aforesaid, but the entire rents of which
such portions shall form a part shall be received and recovered
by the persons who, if this Act had not been passed, would have
been entitled to such entire rents and such portions shall be
recoverable from such persons by the parties entitled to the
same under this Act in any action at law or in equity.

(4) This section shall not apply to any case in which it is

expressly stipulated that no apportionment shall take place or
to annual sums made payable in policies of assurance of any
description.

PART IV
Distress
13. It shall be lawful for every lessor or landlord, or other ~$3 zzs
person empowered by him, to take and seize, as a distress for of produce
arrears of rent may be
distrained.

THE LAWS OF BARBADOS

Rlnted by the Government Prlntlng Department. Bay Srreet, St. Mlchacl,
by the authority of the Government of Barbados
s.14 CAP. 230 Landlord and Tenant L.R.O. 1!985 10

(a) any cattle or stock of his tenant feeding or depasturing

upon any field appendant or appurtenant or in any
ways belonging to all or any part of the premises
demised or holden; and
(b) all sorts of corn, grass, roots, fruits, pulse or other
product whatsoever which is cut, gathered, made,
cured and laid up in the store-rooms or other proper
place on the premises so demised or holden,
and to appraise, sell or otherwise dispose of the same towards
satisfaction of the rent for which the distress is taken and of the
charges of the distress, appraisement and sale, in the same
manner as other goods and chattels may be seized, distrained
and disposed of.

Growing 14. (1) It shall be lawful for any lessor or landlord, or any
gq&maY person authorised by him
trained.
(a) to take and seize as a distress for arrears of rent all sorts
of corn, grass, roots, canes, fruits, pulse or other product
whatsoever which are growing on any part of any lands
demised or holden; and

(6) to cut, gather, make, cure, carry and lay up the same,
with the exception of canes, when ripe, in any proper
place on the premises so demised or holden and, .if there
is no proper place on the premises so demised or holden,
then in any proper place which the lessor or landlord
hires or otherwise procures for that purpose ad as near
as may be to the premises.

(2) The lessor or landlord or person authorised by him shall

give the auctioneer of the district in which the distress takes
place notice of it, and the sale thereof shall be made in like
manner as other goods and chattels now seized and distrained
are disposed of, the sale thereof, except in the case of canes,
to be made when cut, gathered, cured and made and not before.
(3) In every case of any distress on canes as aforesaid the
canes shall be sold before they are cut.
(4) The lessor or landlord shall be entitled to be repaid
from the proceeds of the sale the necessary expenses incurred
11 Landlord and Tenant CAP. 230 ss.15-16

by him in cutting, gathering, making, curing, carrying and

laying up under this section.
(5) Notwithstanding subsections (1) to (4), where after any
distress for arrears of rent so taken of any corn, grass, roots,
canes, fruits, pulse or other product which is growing as afore-
said and at any time before it is ripe and cut, cured or gathered,
the tenant or lessee, his executors, administrators or assigns
pays or causes to be paid to the lessor or landlord for whom the
distress is taken, the whole rent which is then in arrear together
with full costs and charges of making the distress and which
were occasioned thereby, then and upon such payment or
lawful tender thereof actually made, whereby the end of the
distress will be fully answered, the same and every part thereof
shall cease, and the corn, grass, roots, canes, fruits, pulse or
other product distrained shall be delivered up to the lessee or
tenant, his executors, administrators or assigns.

15. (1) It shall be lawful for any person having any rent in ~;~;~~;of
arrear or due upon any lease for life, years or at will, ended or determina-
determined, to distrain for such arrears after the determination tionoflease.
thereof, in the same manner as he might have done if the lease
had not been ended or determined, provided the distress is
made within six calendar months after the determination of
the lease and during the continuance of such landlord’s title
or interest and during the possession of the tenant from whom
the arrears became due.
(2) Where the value of the goods distrained is not found to
be the value of the arrears distrained for, the party to whom
the arrears were due, or his executors or administrators, may
from time to time distrain again for the residue of the arrears.

16. Where any tenant or lessee for life or lives, term of Goods
years, at will, sufferance or otherwise, of any messuages, lands, ~~~~t’,
tenements or hereditaments upon the demise or holding whereof withinthirty
any rent is reserved, due or made payable fraudulently or $$a~~~
clandestinely conveys away or carries off from such premises and sold.
his goods or chattels to prevent the landlord or lessor from
distraining them for arrears of the rent, it shall be lawful for
every landlord or lessor, or any person by him lawfully em-
powered for that purpose, within the space of thirty days next

THE LAWS OF BARBADOS

Printed in England by Eyre and Spottiswoode Limited, 2 Serjeants’ Inn, London EC4,
by authority of the Govercment of Barbados
ss.17-19 CAP. 230 Landlord and Tenant 12

ensuing such conveying away or carrying off such goods or

chattels, to take and seize such goods and chattels, wherever
they are found, as a distress for the arrears of rent, and to sell
or otherwise dispose of them in such manner as if the goods
and chattels had actually been distrained by the lessor or land-
lord in and upon such premises for arrears of rent.

Saving for 17. No landlord or lessor or other person entitled to such

bona jide
purchaser. arrears of rent shall take or seize any such goods or chattels
as a distress for the same which have been sold bona Jide and
for a valuable consideration, before the seizure, to any person
not privy to the fraud.

Penalty on 18. To deter tenants from so fraudulent conveying away of

tenants and
perSOIlS their goods and chattels and others from wilfully aiding or
assisting them assisting therein or concealing the same, any such tenant or
in removing
lessee who fraudulently removes and conveys away his goods
lPJ&
fraudulently. or chattels as aforesaid or any person who wilfully and know-
ingly aids or assists any such tenant or lessee in such fraudulent
conveying away or carrying off of any part of his goods or
chattels or in concealing the same, shall forfeit and pay to the
landlord or lessor, from whose estate such goods and chattels
were so fraudulently carried off, double the value of the goods
by him so carried off or concealed.

Houses, etc., 19. Where any goods or chattels fraudulently or clandestinely

to which
goods are conveyed or carried away by any tenant or lessee, or his
fraudulently servant or agent or other person aiding or assisting therein,
removed may
be broken
are put, placed or kept in any house, stable, store-room, out-
open with house, yard, close or place locked up, fastened or otherwise
assistance of secured, so as to prevent them from being taken and seized as a
a constable.
distress for arrears of rent, the landlord or lessor or other person
empowered to take and seize as a distress for rent such goods
and chattels having first-
(u) called to his assistance a constable of the district where
the same are suspected to be concealed, who is hereby
required to aid and assist therein; and
(b) in case of a dwelling-house, made an oath before the
magistrate for the district of a reasonable ground to
suspect that such goods or chattels are therein,
 13 Landlord and Tenant CAP. 230 ss.20-21

may in the day time break open and enter into such house,
stable, store-room, outhouse, yard, close and place, and take
and seize such goods and chattels for the arrears of rent, as he
might have done by virtue of this Act if the goods and chattels
had been put in any open field or place.

20. (1) Where the lands, tenements, or hereditaments in For rentnot

respect of which any distress is made are rented, on what acedins
tenure soever, at a sum not exceeding two hundred and forty f:2fgty
dollars in the year, it shall be lawful for the magistrate of the waranthr
district and he is hereby required, on application of the tenant ~i~~~~~~J~re
within ten days next after such distress, by summons under magistrate.
his hand, to require the landlord or person in whose name the
distress was made to appear before him at a time therein
specified and establish his claim to the amount distrained for.
(2) Where it appears to the magistrate, on examining into
the matter with the evidence adduced by the parties on either
side, that the said amount is not due and owing by the tenant
in terms of the agreement between him and his landlord, he
shall direct the proceedings in such distress to be stayed, and
the goods and chattels distrained on to be delivered up to the
tenant, free of all costs and charges, and at the expense of the
landlord or other person in whose name such distress was made.
(3) The tenant shall not be barred thereby from such redress
as in this Act or by any other law then in force is provided in
the case of a wrongful distress.

21. (1) Where the goods distrained are claimed by any Magistrate

person, other than the lessee or his under-tenants, as his $~j~~tetO

property and he makes satisfactory proof of such claim to the distrained
f
magistrate of the district where the goods were distrained, the EFzzedby a
goods shall be restored to him, he paying all expenses incurred stranger.
by the distress and application to the magistrate, who is hereby
authorised to enquire into the ownership of such goods and to
examine the tenant, claimant and any witnesses he may think
necessary for that purpose.
(2) Where any goods on the premises are distrained and sold
without being claimed, the purchaser thereof shall not be

THE LAWS OF BARBADOS

Printed in England by Eyre and Spottiswoode Limited, 2 Serjeants’ Inn, London EC4,
by authority of the Government of Barbados
ss.22-24 CAP. 230 Landlord and Tenant 14

subject to any action or other proceeding by the owner for the

recovery thereof but shall have a good title to them.

Proceedings 22. (1) Whenever an application is made to a magistrate

to be stayed
on applica- under section 20 or 21, it shall be the duty of the magistrate
tion to and he is hereby required, forthwith on such application being
magistrate. made, to notify the District Auctioneer of that district.
(2) The District Auctioneer is hereby required on receiving
such notice to stay all proceedings on the distress until the
application is fully heard and disposed of by the magistrate,
or by the Divisional Court where there is an appeal against
the order made by the magistrate.
(3) Any District Auctioneer selling any goods and chattels
distrained on for rent after having received notice of such
application shall, should the applicant succeed in his applica-
tion, incur a penalty of double the value of the goods and
chattels sold, to be recovered by the person aggrieved by such
sale, for his own use and benefit, before the magistrate of his
district in a summary manner.

In replevin, 23. (1) It shall be lawful for all defendants in replevin to

what con-
stitutes avow or make conusance generally that the plaintiff in replevin
sufficient or other tenant of the lands and tenements, whereon such
defence.
distress was made, enjoyed the same under a grant or demise
at such a certain rent during the time wherein the rent distrained
for accrued, which rent was then and still remains due, or that
the place where the distress was taken was parcel of such tene-
ments for which the rent distrained for was at the time of such
distress and still remains due, without further setting forth the
grant, tenure, demise or title of such landlord, lessor, or owner
of the premises, any law or usage to the contrary notwithstand-
ing.
(2) Where the plaintiff in such action becomes nonsuit,
discontinues his action, or has judgment given against him,
the defendant in such replevin shall recover double costs of
suit.

Chief 24. (1) The Chief M arshal shall, in every replevin of a

Marshal to distress for rent, take in his own name from the plaintiff and
proceed in
replevin of two responsible persons as sureties a bond in double the value
a distress.
15 Landlord and Tenant CAP. 230 s.25

of the goods distrained (such value to be ascertained by the

oath of one or more credible witness or witnesses not interested
in the goods or distress, which oath the person granting such
replevin is hereby authorised and required to administer)
and conditioned for prosecuting the suit with effect and without
delay, and for duly returning the goods and chattels distrained,
in case a return is awarded before any deliverance be made of
the distress.
(2) The Chief Marshal shall, at the request and costs of the
avowant or person making conusance, assign such bond to
such avowant or person by endorsing the same and attesting it
under his hand and seal in the presence of two or more credible
witnesses.
(3) Where the bond so taken and assigned is forfeited, the
avowant or person making conusance may bring an action
and recover thereupon in his own name and the court may by
order give such relief to the parties upon such bond as may be
agreeable to justice and reason and such order shall have the
nature and effect of a defeasance to such bond.
(4) The Chief Marshal shall be entitled to demand and
receive the fee of two dollars and forty cents for taking the
bond, to be paid by him into the Consolidated Fund.

25. (1) Where any superior landlord levies or authorises Lodger,if

to be levied a distress on any furniture, goods or chattels of ~~~~~o
any lodger for arrears of rent due to the superior landlord by ye;y;ratioo
his immediate tenant, the lodger may serve the superior land- that im-
lord or the bailiff or other person employed by him to levy such mediate
distress, with a declaration in writing made by the lodger, ~o~~~e~Y
setting forth that the immediate tenant has no right of property ~S~~~~d,
or beneficial interest in the furniture, goods, or chattels so dis-
trained or threatened to be distrained upon and that such
furniture, goods or chattels are the property or in the lawful
possession of the lodger and also setting forth whether any
and what rent is due and for what period from the lodger to his
immediate landlord.
(2) The lodger may pay to the superior landlord or to the
bailiff or other person employed by him the rent if any so due
or so much thereof as is sufficient to discharge the claim of
such superior landlord.
THB LAWS OF BARBADOS
Printed in England by Eyre and Spottiswoode Limited, 1 Scjeants’ Inn, London EC&
by authority of the Government of Barbados
ss.26-28 CAP. 230 Landlord and Tenant 16

(3) To such declaration shall be annexed a correct inventory,

subscribed by the lodger, of the furniture, goods and chattels
referred to in the declaration.
(4) Any lodger who makes or subscribes such declaration
and inventory, knowing the same or either of them to be untrue
in any material particular, shall be guilty of a misdemeanour.

Penalty for 26. (1) Where any superior landlord or any bailiff or other
distress after
declaration person employed by him, after being served with the declara-
by lodger. tion and inventory mentioned in section 25, and after the lodger
has paid or tendered to the superior landlord, bailiff or other
person, the rent, if any, which by section 25 the lodger is
authorised to pay, levies or proceeds with a distress on the
furniture, goods or chattels of the lodger, the superior landlord,
bailiff or other person shall be guilty of an illegal distress, and
the lodger may apply to the magistrate of his district for an
order for the restoration to him of such goods.
(2) Such application shall be heard before the magistrate
who shall enquire into the truth of such declaration and
inventory and shall make such order for the recovery of the
goods or otherwise as to him may seem just, and the superior
landlord shall also be liable to an action by the lodger, in
which action the truth of the declaration and inventory may
likewise be enquired into.

Effect ot 27. Any payment made by any lodger pursuant to section 25

payments by
lodgers to shall be deemed a valid payment on account of any rent due
superior from him to his immediate landlord.
landlord.

Distress not 28. (1) Where any distress is made for any kind of rent
deemed un-
lawful for justly due, and any irregularity or unlawful act is afterwards
irregularity, done by the party distraining, or by his agent, the distress itself
but party
aggrieved shall not be deemed to be unlawful, nor the party making it
may recover be therefore deemed a trespasser ab i&o.
special
(2) The party aggr ieved by such unlawful act or irregularity
damage.
shall or may recover full satisfaction for the special damage he
sustains thereby, and no more, and where the plaintiff recovers
in such action, he shall be paid his full costs of suit and have
all the like remedies for the same as in other cases of costs.
17 L.R.O. 2002 Landlord and Tenant CAP. 230
ss.29-33

29. No tenant or lessee shall recover in any action for any such No action
unlawful act or irregularity as aforesaid, if tender of amends is made where
amends
by the party distraining or his agent before the action brought. tendered
before action
brought.

30. Where any goods or chattels are distrained for any rent Distress for
reserved and due upon any demise, lease or contract whatsoever and rent may be
sold.
the tenant or owner of the goods so distrained does not, within 10 days
next after such distress taken and notice thereof (with the cause of
such taking) left at the chief mansion house or other most notorious
place on the premises charged with the rent distrained for, replevy the
same with sufficient security to be given to the Chief Marshal, then
and in such case after such distress and notice, and after the expiration
of the 10 days, the goods and chattels so distrained may be sold as by
law provided. No distress shall be taken for more than 2 years' rent in
arrears, nor shall the goods of a stranger be liable to be sold under a
distress, if the claim to them is established in manner in this Act
provided.
31. Upon any rescous of any goods or chattels distrained for rent, For rescous
the person aggrieved thereby shall recover treble damages and costs of distrained
goods treble
of the action against the offender in any such rescous, or against the damages and
owners of the goods distrained where they are afterwards found to costs
recoverable.
have come to his use or possession.
32. Where any such distress and sale is made by virtue or colour of Double the
this Act for rent pretended to be in arrear and due, where in truth no value may
be recovered
rent is in arrear or due to the person distraining, or to him in whose against a
name or right such distress is so taken, the owner of such goods or party
distraining
chattels so distrained and sold or his executors or administrators shall and selling
and may by action against the person so distraining, his executors or goods when
no rent due.
administrators, recover double the value of the goods or chattels so
distrained and sold, together with full costs of the action.
33. (1) In all actions against any person entitled to rents of any kind, Landlord
may plead
or his agent or other person, relating to any entry by virtue of this Act or general
otherwise upon the premises chargeable with such rents or to any distress issue and
give special
or seizure, sale or disposal of any goods or chattels thereupon, it shall be matter in
evidence.

THE LAWS OF BARBADOS

Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
 CAP. 230 Landlord and Tenant L.R.O. 2002 18
s.34

lawful for the defendant in such action to plead the general issue and
give the special matter in evidence, any law or usage to the contrary
notwithstanding.
(2) Where the plaintiff in such action becomes nonsuit,
discontinues his action or has judgment given against him, the
defendant shall recover costs of the action.

PART V

Summary Recovery of Possession

Where lands 34. (1) Where any tenant holding any lands, tenements or
etc. are
deserted,
hereditaments at a rack rent, or in respect of which the rents reserved
how are three-fourths of the yearly value of the demised premises, is in
landlord arrear for any one year's rent and deserts the demised premises and
may proceed
to obtain leaves the same uncultivated or unoccupied, so that no sufficient
possession, distress can be had to countervail the arrears of rent, it shall be lawful
etc.
for the magistrate of the district where the premises are situate (having
no interest in the premises), at the request of the lessor or landlord to
go upon and view the same and cause to be affixed on the most
notorious part of the premises a notice in writing as to what day (at the
distance of 14 days at least) he will return to take a second view thereof.
(2) Where upon such second view the tenant or some person on
his behalf does not appear and pay the rent in arrear or there is not
sufficient distress on the premises, then the magistrate may put the
landlord or lessor into the possession of the demised premises, and the
lease thereof to such tenant as to any demise therein contained only
shall from thenceforth become void.
19 L.R.O. 2002 Landlord and Tenant CAP. 230
s.35

35. (1) When and as soon as Recovering

possession
(a) the term or interest of the tenant of any house, land, premises of tenements
held at will
or any corporeal hereditaments held by him at will or for any or for a term
term not exceeding 7 years, either without being liable to the of not more
than 7 years
payment of any rent or at a rent not exceeding the rate of and at an
$10 000 a year, is ended or duly determined by a legal notice to annual rent
not
quit or otherwise; and exceeding
$10 000,
(b) the tenant or (if he does not actually occupy the premises or after the
only part thereof) any person by whom the same or any part tenancy has
been duly
thereof is then actually occupied neglects or refuses to quit determined.
and deliver up the possession of the premises, or such part 1969-27.
1980-14.
thereof respectively, 2002-24.

it shall be lawful for the landlord of the premises, or his agent, to

cause the person so neglecting or refusing to quit and deliver up
possession to be served (in the manner hereinafter mentioned) with a
written notice in the form or to the effect set forth for that purpose in
the Form No. 1 in the Schedule, signed by the landlord, or by his agent, Schedule.
of his intention to proceed to recover possession of the same under the
authority of and according to the mode prescribed in this Act.
(2) Where the tenant or occupier
(a) does not thereupon appear at the time and place appointed by a
summons to be issued by the magistrate and show to the
satisfaction of the magistrate, as hereinafter mentioned,
reasonable cause why possession should not be given under
this Act; and
(b) still neglects or refuses to deliver up possession of the premises,
or such part thereof of which he is then in possession, to the
landlord or his agent,
it shall be lawful for the landlord or his agent to give to such
magistrate proof of the holding and of the end or other determination
of the tenancy, with the time or manner thereof and, where the title of
the landlord has accrued since the letting of the premises, the right by
which he claims the possession.

THE LAWS OF BARBADOS

Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
 CAP. 230 Landlord and Tenant L.R.O. 2002 20
s.36

(3) Upon proof of service of the notice and of the neglect or

refusal of the tenant or occupier, as the case may be, to deliver up
possession, it shall be lawful for the magistrate of the district in which
the land or premises, or any part of them, is situate, to order that a
warrant shall issue forthwith or within such period not exceeding 2
months as he sees fit.
1955-38. (4) The date of such warrant shall be the date of issue in accord-
ance with such order and such warrant shall be under the hand of the
magistrate and be directed to any one or more police constable or
constables commanding them within a period to be therein named, not
less than 3 nor more than 10 clear days from the date of such warrant,
to enter (by force if needed) into the premises and give possession of
the same to the landlord or agent.
(5) Entry upon any such warrant shall not be made on a Sunday,
Good Friday or Christmas Day or at any time except between the hours
of 8 in the morning and 5 in the afternoon.
(6) Nothing herein contained shall be deemed to protect any
person, on whose application, and to whom, any such warrant is granted,
from any action which may be brought against him by any such tenant
or occupier for or in respect of the entry and taking possession when
such person had not at the time of granting the same lawful right to the
possession of the same premises.
(7) Nothing herein contained shall affect any rights to which any
person may be entitled as outgoing tenant or otherwise.
1969-27. (8) Notwithstanding the provisions of any enactment to the
contrary, any complaint made to a magistrate under this section shall
be heard before a magistrate sitting in the exercise of his civil
jurisdiction.

Manner of 36. (1) Such notice of application intended to be made under this
serving the Act may be served either personally or by leaving the same with some
notice of
intention to person being in, and apparently residing at, the place of abode of the
proceed. person so holding over.
20A L.R.O. 2002 Landlord and Tenant CAP. 230
s.36

(2) The person serving the same (where notice is required to be in

writing) shall read over the same to the person served or with whom it
is so left, and state the purport and intent thereof or leave a copy of it
with such person.
(3) Where the person so holding over cannot be found or the place
of abode of such person is not known or admission thereto cannot be
obtained for serving the summons, the posting up of the summons on
some conspicuous part of the premises so held over shall be deemed
to be good service upon such person.

THE LAWS OF BARBADOS

Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
 21 Landlord and Tenant CAP. 230 ss.37-39

37. (1) Where the person to whom any such warrant is %~;~yr
granted had not at the time of granting the same lawful right rarties
to the possession of the premises, the obtaining and service of claiming
any such warrant shall be deemed a trespass by him against ~~~~~~
the tenant or occupier of the premises. no title.

(2) Where any such tenant or occupier becomes bound with

two sureties as hereinafter provided, to be approved of by the
magistrate in such sum as to him seems reasonable, regard
being had to the value of the premises and to the probable
cost of an action, to sue the person to whom such warrant was
granted with effect and without delay and to pay all the costs
of the proceedings in such action in case judgment passes for
the defendant or the plaintiff discontinues or does not prosecute
his action or becomes nonsuit therein, execution of the warrant
shall be delayed until judgment is given in such action of
trespass.
(3) Where upon the trial of such action of trespass judgment
passes for the plaintiff, such judgment shall supersede the
warrant so granted.

38. (1) Every such bond shall be made to the landlord or Bpndto be
his agent, shall be approved of and signed by the magistrate Flrz zs-*e
and shall be in the Form No. 4 in the Schedule. puting the
title to pay
(2) Where the bond so taken is forfeited or upon the trial ~;~;~~~*e
of the action for securing the trial of which such bond was judgment
given the Judge by whom it is tried does not endorse upon the ~~~~~~~~
record, upon application to be made to him in court in that s&rule.
behalf, that the condition of the bond is fulfilled, the party to
whom the bond is so made may bring an action and recover
thereon.

,- (3) The court where such action is brought may by order

/ give such relief to the parties upon such bond as may be agree-
able to justice, and such order shall have the nature and effect
of a defeasance to :uch bond.

39. It shall not be lawful to bring any action or prosecution F&?z;; to

against the magistrate by whom such warrant is issued, or andofscer
against any police constable by whom such warrant may be Ezn;and
executed, for issuing such warrant or executing the same process.

THB LAWS OF BARBADOS

Printed in Erqlland by Eyre and Spottirwoodc Limited, 12Serjeants’ Inn, Inndon EC&.
by authority of the Government of Barbados
~40-41 CAP. 230 Landlord and Tenant 22

respectively, by reason that the person on whose application

the same is granted does not have lawful right to the possession
of the premises.

Parties 40. (1) Where the landlord or his agent at the time of apply-
having a
title not to ing for such warrant had lawful right to the possession of the
be deemed premises or of the part thereof so held over, neither the landlord
trespassers
by reason of nor his agent, nor any other person acting in his behalf, shall be
any inform- deemed to be a trespasser by reason merely of an irregularity
ality in the
proceedings. or informality in the mode of proceeding for obtaining pos-
session under the authority of this Act but the party aggrieved
may, if he thinks fit, bring an action for such irregularity or
informality in which the damage alleged to be sustained thereby
shall be specially laid and may recover full satisfaction for
such special damage with costs of the action.
(2) Where special damage as laid is not proved, the defend-
ant shall be entitled to judgment and, if proved but assessed
at any sum not exceeding nine dollars and sixty cents, the
plaintiff shall recover no more costs than damages, unless the
Judge before whom the trial is held certifies upon the back
of the record that in his opinion full costs ought to be allowed.

Tenement 41. (1) In all cases in which the relation of master or

held by
servant wher? employer and servant and labourer exists between the owner
no term has or his agent and the occupier of any land, house or premises in
been fixed
or no rent which no fixed term for the duration of such occupancy has
receivable or been agreed on between the parties, and where either no rent
where
occupancy has been reserved, or the same has been received or customarily
incidental to paid in labour or otherwise at shorter periods than three months,
service.
it shall be lawful for either party to terminate the occupancy
of such house, land or premises only by giving one month’s
notice, either verbal or in writing, to the other party of his
intention to put an end to the same.
(2) In every case in which the occupier of any house, land
or premises so held after having received one month’s notice
to terminate such occupancy refuses to deliver possession of
such premises to the owner or his agent, the person so refusing
shall be considered to hold over the same unlawfully and shall
be liable to be forthwith proceeded against for the recovery of
23 Landlord and Tenant CAP. 230 ss.42-43

possession thereof under the authority and in the manner

provided by this Act.

42. (1) It shall not be lawful either for the master or land- 2~;:;;;
lord or for the servant or tenant to terminate the tenancy or holdingas
occupancy of any land, house or tenement which is held or ~~~~~tto
occupied as incident to service otherwise than by giving to the ’
other party one month’s previous notice, either verbal or in
writing, of his intention to terminate the same.
(2) It shall not be lawful for any owner of a house, room or
land, on the termination of the tenancy by himself or his
agents, to remove or eject any servant from any house, room
or land which he holds as an incident to service under a penalty
of twenty-four dollars to be recovered before any magistrate
in a summary manner it being the true intent and meaning
of this Act that all ejectments shall take place under the order
and by the direction of a magistrate in the manner referred to
in section 41.
(3) Where there is any growing crop on the land, which such 1955-38.
servant is permitted to occupy as incident to such service, such
master, mistress or employer shall, on the termination of the
tenancy, either permit the servant to reap the same or pay the
value thereof to the servant, the value to be ascertained, in
case of disagreement, by arbitration under the provisions of
the Security of Tenure of Small Holdings Act, or the value of Cap. 237.
any such crop may be taken into consideration towards the
discharge of any sum of money which the servant may be
awarded to pay to such master, mistress or employer by the
magistrate.
(4) Nothing in this section shall be construed to apply to
any domestic servant who is suffered to occupy any room in the
dwelling-house or yard of his master, mistress or employer.

43. Where the tenancy or occupancy of any land or tenement oompema-.

held or occupied as an incident to service is terminated by Es?&?
notice, the tenant or occupier shall, in addition to the then rr;kgmt”
value of the crops (if any) growing on the land or tenement, be worhs.
entitled to receive from the master or landlord compensation
for all breadfruit, plantain and banana trees established by the

THB LAWS OF BARBADOS

Printed in England by Eyre and Spottiswaode Limited, P Serjeants’ Inn, London EC4,
by authority of the Government of Barbado,
ss.44-48 CAP. 230 Landlord and Tenant 24

tenant or occupier on such land and for all tillage, manuring

and other farming works done by him and of which the benefit
is unexhausted at the time of the termination of his tenancy.

Amount of 44. The amount of compensation to be paid to any tenant

eompensa- or occupier under section 43 shall, in case the parties cannot
tion.
agree as to the same, be determined by arbitration, in like
1955-38. manner as the value of any crop growing on the land held or
occupied by him is determined.

Act not to 45. Nothing in sections 41 to 44 shall be deemed to render

work as any tenancy or occupancy a tenancy or occupancy incidental
incidental
tenancy to service if, prior to the passing of this Act, such tenancy or
where not
previously so.
occupancy would not have been a tenancy or occupancy
incidental to service.

Fees of 46. (1) It shall be lawful for the magistrates and constables
magistrates
and to demand and receive such fees as may be prescribed under
constables. the Magistrates Jurisdiction and Procedure Act.
Cap. 116.
1955-38. e ees of a magistrate shall be paid into the Consoli-
1956-57.
da% %rdf .

Value of 47. Where the tenancy of any land, held otherwise than
crops and under a lease or any agreement in writing or as incident to
compensa-
tion for fruit service is determined by the landlord, the tenant may elect to
trees and receive from the landlord the value of the crops, if any, growing
unexhausted
farming on such land and shall also be entitled to receive from the
works. landlord compensation for all breadfruit, plantain and banana
trees established by him on such land and for all tillage, manur-
ing and other farming works done by him, if the benefit is
unexhausted at the time of the termination of the tenancy.

How value 48. (1) The value of the growing crops, and of the com-
and com-
pensation
__ aforesaid shall be determined in the manner and
~{~~~~s~s~~subject to the conditions mentioned in this Act relating to the
covered. determination by arbitration of the value of crops on lands held
as incident to service and to the compensation to be paid for
1955-38.
fruit trees, and unexhausted farming works.
25 Landlord and Tenant CAP. 230 ss.49-51

(2) The amount awarded as the value of any growing crops

or as compensation for fruit trees and unexhausted farming
works may be recovered by the tenant by an action in the court
having jurisdiction to determine the same.

PART VI

Miscellaneous

49. Every tenant to whom any declaration or other process ~h~~tto

in ejectment is delivered for any lands, tenements or heredita- de&ration
ments shall forthwith give notice thereof to his landlord or his $$e;~t~
constituted attorney or receiver of the rent, under penalty of givenotice
forfeiting the value of three years’ improved rack rent of the ~a~d~o;;
premises so demised or holden in possession of such tenant to .
the person of whom he holds, to be recovered with costs of suit.

50. (1) It shall be lawful for the court when such ejectment ya;dEiade
is brought to suffer the landlord to make himself a defendant defendant
by joining with the tenant to whom such declaration in eject- ~$e~~~;t
ment is delivered if he appears.
(2) Where the tenant refuses or neglects to appear, judgment
shall be signed against the tenant for want of appearance, but
if the landlord of any part of the lands, tenements or heredita-
ments for which such ejectment was brought desires to appear
by himself, the court where such ejectment is brought shall
permit him so to do, upon such terms as to the court seem just
and enter a stay of execution upon such judgment against the
tenant until it makes a further order therein.

51. (1) It shall be lawful for the landlord, where any agree- Landlord
ment is not by deed, to recover a reasonable satisfaction for the ~~o~~~~
lands, tenements or hereditaments held or occupied by the satisfaction
defendant in an action for the use and occupation of what was $$.$$
so held or enjoyed. where agree-
ment is not
(2) Where in evidence on the trial of such action any parol by deed.
demise or any agreement (not being by deed) whereon a
certain rent was reserved appears, the plaintiff in such action
shall not be nonsuited but may make use thereof in evidence
of the quantum of damages to be recovered.

THJ3 LAWS OF BARBADOS

Printed in England by Eyre and Spottiswoode Limited, 2 Serjeants’ Inn, London EC&
by authority of the Government of Barbados
~52-53 CAP. 230 Landlord and Tenant 26

Goods not 52. (1) No goods or chattels whatsoever lying or being in

to be taken
in execution or upon any messuage, lands or tenements which are leased
without the for life or lives, term of years, at will or otherwise shall be liable
rent due,
not exceeding to be taken by virtue of any execution, unless the party at
one year, whose suit the execution is sued out shall, before the removal of
being paid
to the the goods from the premises by virtue of the execution, pay to
landlord. the landlord or lessor of the premises or his agent all such
sums of money as are due for rent for the premises at the time
of the taking of the goods or chattels by virtue of the execution:
Provided the arrears of rent do not amount to more than one
year’s rent.
(2) Where the arrears exceed one year’s rent, then the party
at whose suit such execution is sued out, paying the landlord
or his agent one year’s rent, may proceed to execute his judg-
ment as he might have done before the passing of this Act.
(3) The Marshal is hereby empowered and required to
levy and pay to the plaintiff as well the money so paid for rent
as the execution money.

Protection 53. (1) Where any action is commenced against any person
of persons
acting under for anything done in pursuance of this Act, the defendant in
authority of such action may plead the general issue and give this Act and
Act.
the special matter in evidence at any trial to be had thereupon,
and that the same was done in pursuance and by the authority
of this Act.
(2) Where it appears so to have been done, judgment shall
be entered for the defendant and if the plaintiff is nonsuited or
discontinues his action, or judgment is given against the plaintiff,
the defendant shall recover treble costs and have the like remedy
for the same as the defendant has in other cases by law.

s. 35. SCHEDULE

FORM No. 1

Notice of owner’s intention to a@& to a magistrate to recover possession

I owner or agent of the

owner (as the case may be) do hereby give you notice that unless peaceful
possession of the tenement (shortly describing it) situate
which was held of me or of the said (as the case may be)
27 Landlord and Tenant CAP. 230

under a tenancy from year to year (as tullecase may be) which expired or was
determined by notice to quit from the said or other-
wise (as the case may be) on the day of and which
tenement is now held over and detained from the said
be given to (the owner or agent) on or before the
expiration of clear days from the service of this notice, I
shall lodge my complaint before the Magistrate of District
to obtain his warrant directing any one or more
police constables to enter and take possession of the said tenement and to
eject any person therefrom.
Dated this day of 19 .
(Signed)
To Owner or agent

FORM No.2

Complaint before a magistrate

The complaint of owner or agent (as the case may be)
made before me Magistrate of District
who says that the said did let to
a tenement consisting of for
under the rent of and that the said tenancy expired or was
determined by notice to quit given by the said owner
or agent (as the case may be) on the day of , and on
the day of the said did serve
on (the tenant holding over) a notice of his intention
to apply to recover possession of the said tenement (a duplicate of which
notice is hereto annexed) by giving and (describing the mode by which the service
war effected), and that notwithstanding the said notice the said
refused (or neglected) to deliver up possession of the said
tenement and still retains the same.

(Signed)
Taken the day of before me,
(Signed)
A duplicate of the notice of intention to apply is to be annexed to this complaint.

FORM No.3

Warrant to police constables to take and give possession

Whereas (set forth the complaint) I Magistrate for
District do authorise and command you, or each of
you, on any day within days from the date hereof (except on
Sunday, Christmas Day and Good Friday to be added ifnecessary), between the
hours of eight in the forenoon and five in the afternoon to enter (by force

THE LAWS OF BARBADOS

Printed in England by Eyre and Spottiswoode Limited, 2 Serjeants’ Inn, London EC4,
by authority of tbe Government of Barbados
 CAP. 230 Landlord and Tenant 28

if needful) and with or without the aid of (the owner

or agent as the case may be) or any other person or persons whom you may
think requisite to call to your assistance, into and upon the said tenement
and to eject therefrom any person, and of the said tenement full and peace-
able possession to deliver to the said (the owner or
agent as the cake may be).
Given under my hand this day of 19 .
To and all other police constables.

s. 38. FORM No.4

Bond by tenant and sureties to landlord

Know all men by these presents, that we A.B. of C.D.

of and E.F. of are jointly and
severally held and firmly bound to (the landlord)
in the sum of of lawful money of this Island to be paid to the
said (the landlord) or his certain attorney, executors,
administrators or assigns, for which payment to be well and truly made we
bind ourselves and each and every of us in the whole sum, and each and
every of our heirs, executors and administrators, firmly by these presents.
Sealed with our seals. Dated this day of 19 .
Whereas the above-named (the landlord) lra&h
taken out a warrant against the above-named e
tenant) before esquire, Magistrate for District
to recover possession of (state the premises) under the
Landlord and Tenant Act, Chapter 230, Laws of Barbados,
And whereas execution of the said warrant has been delayed at the
instance of the said (the tenant),

Now the condition of this obligation is such that if the above-bounden

(the tenant) do sue the above-named
(the landlord) with effect and without delay in an action of
trespass and pay all the costs of the proceedings in such action in case judg-
ment passes for the defendant, or the plaintiff discontinues or does not
prosecute his action or becomes nonsuit therein, then this obligation shall
be void and of none effect, or else to be and remain in full force and virtue.
Sealed and delivered, etc.