Cap. 199 Art. 4Non-renewal of lease.

(1) Subject to the provisions of this Act, where a lessor desires to resume possession of any agricultural land, unless the tenant has agreed in writing both as regards the termination and as regards the compensation due, he shall apply to the Board by means of an application containing -

(a) detailed grounds for such termination, and

(b) a demand for the liquidation of any compensation payable under the provisions of this article, and filed not later than three months before the date on which the current lease terminates: Provided that, where any such lease does not terminate on the 15th day of August of any year, no decision approving such resumption of possession shall be carried into effect before the 15th day of August following the date of the termination of the lease then current.

(2) The Board shall allow the lessor’s application if the lessor proves that -

(a) he requires the agricultural land to be used for agricultural purposes by himself personally or by any member of the family personally for a period of not less than four consecutive years starting immediately following the date of termination; or

(b) he requires the agricultural land, provided it is not irrigable land, for the construction thereon of buildings for dwelling, business or industrial purposes; or

(c) the agricultural land was sublet or the lease thereof transferred without the consent of the lessor to any person other than a co-tenant thereof or a member of the family; or

(d) during the two years immediately preceding the date of termination, the field was allowed to lie fallow for at least twelve consecutive calendar months; or

(e) during the two years immediately preceding the date of termination, the tenant has failed, in respect of two or more terms, to pay the rent, on each occasion, within fifteen days from the day on which the lessor has called upon him in writing for payment; or

(f) during the two years immediately preceding the date of termination, the tenant, being bound to repair and maintain the walls of the agricultural land, failed to fulfil such obligation or habitually disregarded any other conditions of the lease or deliberately or through negligence caused or allowed to be caused damage, other than damage of small importance, to any fruit-trees in the agricultural land:

Provided that the circumstance mentioned under paragraph

(a) shall not be a sufficient reason to allow the lessor’s application, if the tenant proves that the agricultural land in question is an important source of his and his family’s livelihood and if the Board is satisfied that the tenant would suffer a greater hardship than the lessor were the application to be allowed: Provided further that where the agricultural land includes a farmhouse which is used by the tenant as his and his family's sole place of residence, the circumstance mentioned under paragraph (b) shall not be a sufficient reason to allow the lessor’s application unless the tenant is allowed to keep the farmhouse at a rent established by the Board not exceeding two per cent (2%) per annum of the market value of the farmhouse free and unencumbered, and under new conditions, including conditions regarding gradual increases, which may be established by the Board with respect to the rent:

Provided further that the Board shall grant the tenant the option to discontinue the lease of the farmhouse, and to continue only the lease of that land which remains exclusively intended for agricultural use under new conditions which the Board may establish in respect of the rent in accordance with article 3:

Provided further that any person who has the right to be recognised as the tenant according to the definition "tenant" in article 2 shall only acquire the right to occupy the farmhouse as a residence by a title of lease for a period of eight (8) years. The rent shall remain the same after the expiration of eight (8) years, unless otherwise agreed between the tenant and the lessor, or unless the lessor again requests the increase in rent in accordance with this Act.

(3) Where only part of the agricultural land is required for any of the purposes mentioned in sub-article (2)(a) or (b) and the area of the remaining part of such land exceeds 1124 square metres, the tenant may ask the Board and the Board shall order that the lease be renewed in respect of such remaining part of the agricultural land, under such conditions as the Board, having regard to the conditions of the last preceding lease, may deem fair to establish.

(4) Where the lessor resumes possession of agricultural land or a part thereof by virtue of a decision of the Board based on sub-article (2(a)), he shall pay to the tenant a fair compensation in respect of any agricultural improvement carried out by the tenant or by a member of the family in the said agricultural land or part thereof during the period of eight consecutive years immediately preceding the date of termination.

(5) Where the lessor resumes possession of the agricultural land or a part thereof by virtue of a decision of the Board based on sub-article (2)(b), he shall pay to the tenant a fair compensation as provided in the last preceding sub-article and, in addition, an amount equal to the value of the products gathered by the tenant or by a member of the family from the said agricultural land or part thereof, after deduction of the expenses incurred towards its cultivation, in the last four years immediately preceding the date of termination:

Provided that there shall not be deducted as part of such expenses the cost of the tenant’s own labour or of the labour of any member of the family in the agricultural land or part thereof.

(6) The amount payable under the provision of sub-article (4) or (5) shall be determined by the Board, subject to an appeal as is provided under article 10. Such amount shall be paid to the tenant within one month from the date on which the decision awarding resumption of possession becomes final in all its parts. In default of such payment within such time the said decision shall be of no effect whatsoever.

(7) If the tenant retakes possession of any agricultural land or a part thereof by virtue of a decision of the Board under article 13, he shall pay back to the lessor any amount received in respect of the agricultural land or part thereof in terms of sub-article (4) or (5).