Saving

Where by virtue of any acts done or proceedings initiated prior to the day on which this Act was first published in the Gazette after the Governor assented to its enactment, any tenancy to which this Act applies would be terminated otherwise than in accordance with this Act, on or at any time after that day, such acts or proceedings, other than an act of service of a notice of intention to quit by the tenant on the landlord in accordance with the terms of the contract of tenancy or the law in force immediately before the day of the commencement of this Act, shall be null and void and of no legal effect whatever, Provided that any costs awarded by a court to either a landlord or a tenant in any such proceedings shall be recoverable at the suit of the party in favour of whom they were awarded. SCHEDULE 1 FORM 1 LAND REFORM (SECURITY OF TENURE) ACT Notice to Terminate Tenancy [Section 4(1)(a)] TO (state name of landlord) of (state address) tenant I hereby12 (as agent or attorney-at-law for X.Y. your landlord tenant and on his behalf) give you notice 2to quit that it is (my)1 (his)1 intention to quit and deliver up possession on 31st December 20 of the lot of land of (state area or approximate area of land) and being (state description of the land) situate at (state place) in the (state name of district) District in Belize1 (which you hold of (me)1 (him)1 as tenant thereof under the provisions of the Land Reform (Security of Tenure) Act, Cap. 186 OR (now held by1 (me)1 (him)1 as your tenant under the provisions of the Land Reform (Security of Tenure) Act, Cap. 186.) DATED the day of 20 . . Signature. NOTES 1 Delete whichever is inapplicable. 2 Omit where notice is sent personally by either a landlord or tenant. 28 FORM 2 LAND REFORM (SECURITY OF TENURE) ACT Notice by Tenant of Intention to Vacate Tenancy [Sections 4 (4) and 5 (4)] TO (state name of landlord) of (state address of landlord). I hereby* (as agent or attorney-at-law for X.Y. your tenant and on his behalf) give you notice that it is (my)* (his)* intention to vacate and deliver up possession of the lot of land of (insert area or approximate area of the land) and being (insert description of the land) situate at (state place) in the (state name of district) District in Belize now held by (me)* (him)* as tenant thereof under the provisions of the Land Reform (Security of Tenure) Act, Cap. 186. DATED the day of 20 . Signature. * Delete whichever is inapplicable. FORM 3 LAND REFORM (SECURITY OF TENURE) ACT Notice by Tenant of Inability to Pay Increased Rent [Section 5 (1)] To (state name of landlord) of (state address of landlord). I hereby* (as agent or attorney-at-law for X.Y. your tenant and on his behalf) give you notice that (I am)* (he is)* unable to pay the increased rent payable in respect of the lot of land of (insert area or approximate area of the land) and being (insert description of the land) situate at (state place) in the (state name of district) District in Belize now held by (me)* (him)* as tenant thereof under the Land Reform (Security of Tenure) Act, Cap. 186. DATED the day of 20 . Signature. * Delete whichever is inapplicable. 30 FORM 4 LAND REFORM (SECURITY OF TENURE) ACT Notice of Application for Review of Decision of a Land Tribunal [Section 12 (1)] TO The Permanent Secretary, Ministry of Natural Resources. I hereby* (as agent or attorney-at-law for X.Y. of and on his behalf) make application to the Minister of Natural Resources, for a review by the Minister of the decision (a certified copy of which is attached) given on the day of 20 by the Land Tribunal for (state area over which the Tribunal has jurisdiction) with respect to the attached application. DATED the day of 20. Signature. * Delete whichever is inapplicable. The above application must be accompanied by a fee of five dollars ($5.00) FORM 5 LAND REFORM (SECURITY OF TENURE) ACT Notice of Application to Land Tribunal to Recover Excess Rents Paid [Section 13 (6)] TO: Esq., of Chairperson of the Land Tribunal for (state area over which the Tribunal has jurisdiction). I hereby* (as agent or attorney-at-law for X.Y. of and on his behalf) make application to the Land Tribunal over which you preside as Chairperson to recover the sum of $ cents being the amount of the excess rents paid by (me)* (him)* (on the 1st day of January, 1961)* (after the 1st day of January, 1961)*, and prior to the day of 1962, to of the landlord of the lot of land of (state area or approximate area of the land) and being (state description of the land) situate at (state place) in the (state name of district) District which is now held by (me)* (him)* as tenant thereof under the Land Reform (Security of Tenure) Act, Cap. 186. DATED the day of 20. Signature. * Delete whichever is inapplicable. 32 FORM 6 LAND REFORM (SECURITY OF TENURE) ACT Notice of Application by a Tenant objecting to a Notice of Increase of Rent [Section 14] TO: Esq., of Chairperson of the Land Tribunal for (state area over which the Tribunal has jurisdiction). I hereby* (as agent or attorney-at-law for X.Y. of and on behalf) make application to the Land Tribunal over which you preside as Chairperson as (1)* (he)* object(s)* to the notice of increase of rent served on (me)* (him)* by (my)* (his)* landlord (state name of landlord) of (state address of landlord) with respect to the lot of land of (state area or approximate area of the land) and being (state description of the land) situate at (state place) in the (state name of district) District in Belize of which (I am)* (he is)* the tenant under the Land Reform (Security of Tenure) Act, Cap. 186. The grounds of (my)* (his)* objection are, *(a) an increase of the rent payable in respect of the said land is unjustified; *(b) an increase of the rent payable in respect of the said land is justified but the increase demanded is excessive; *(c) the day as and from which an increase of the rent of the said land should take effect ought to be postponed. * Delete whichever is inapplicable. DATED the day of 20. Signature. 34 FORM 7 LAND REFORM (SECURITY OF TENURE) ACT Notice of Application by a Tenant for Reduction of Rent [Section 15 (1)] TO: Esq., of Chairperson of the Land Tribunal (state area over which the Tribunal has jurisdiction). I hereby* (as agent or attorney-at-law for X.Y. of and on his behalf)* make application to the Land Tribunal over which you preside as Chairperson to have reduced the rent payable by (me)* (him)* with respect to the lot of land of (state area or approximate area of the land) and being (state description of the land) situate at (state place) in the (state name of district) District in Belize of which (I am)* (he is)* the tenant of (state name of landlord) of (state address of landlord) under the Land Reform (Security of Tenure) Act, Cap. 186. DATED the day of 20 . Signature. * Delete whichever is inapplicable. FORM 8 LAND REFORM (SECURITY OF TENURE) ACT Notice of Application to Land Tribunal to Determine Compensation [Section 22 (1)] TO: Esq., of Chairperson of the Land Tribunal for (state area over which the Tribunal has jurisdiction). I hereby (as agent or attorney-at-law for X.Y. of and on his behalf)* make application to the Land Tribunal over which you preside as Chairperson to have determined the amount of the compensation payable in respect of the termination of the tenancy of the lot of land of (state area or approximate area of the land) and being (state description of the land) situate at (state place) in the (state name of district) District of which (I am)* (he is)* the (landlord)* (tenant)* under the Land Reform (Security of Tenure) Act, Cap. 186. The (landlord)* (tenant)* of the said land is (state name) and his address is (state address). DATED the day of 20 . Signature. * Delete whichever is inapplicable. 36 SCHEDULE 2 LAND REFORM (SECURITY OF TENURE) ACT Rules for Applying the Act [Section 26] 1.-(1) For the purposes of this Schedule, unless the contrary intention appears, Interpretation. “publication day” means the day on which this Act is or was first published in the Gazette after the Governor assented to its enactment; “tenancy” means a tenancy terminated on the 1st January, 1961, or at any time after that day and prior to the publication day, which at the time of its termination was a tenancy to which this Act applies; “termination”, in relation to a tenancy shall, with its grammatical variations, mean that the tenancy has been terminated by virtue of a law governing the relationship of landlord and tenant in force immediately before the 1st January, 1961. (1) Where, under the provisions of this Schedule, a tenancy is declared to be terminated, that expression shall, unless the provisions of this Schedule expressly provide to the contrary, be construed to mean that the legal relationship of landlord and tenant has ceased to exist but the designations of landlord and tenant shall continue to apply to the parties for the purposes of the provisions of this Schedule. 2.-(1) Where a tenancy has been terminated and on the publication day the tenant is in possession of the land to which the tenancy related, then, subject to the provisions of paragraph (2) of this rule, the tenancy terminated shall on that day, notwithstanding the termination thereof, revive and continue as a tenancy to which this Act applies and, subject to the provisions of this Act, shall so continue upon the terms and conditions of the contract of tenancy which applied thereto immediately before the termination thereof, Provisions as to terminated tenancies where the land is in possession of the tenant on the publication day. Provided that, the rent payable in the case of a tenancy so reviving and continuing shall, if it was increased on the 1st January, 1961, or at any time after that day and prior to the publication day, be, as on and from the day the tenancy so revives and continues, the rent that was payable immediately before it was increased unless or until it is increased or reduced in accordance with the provisions of Part IV of this Act. (2) Where on the publication day a tenant is in possession of the land which was held under a tenancy that has been terminated, the tenancy shall not revive and continue as provided by paragraph (1) of this rule in any case where the tenancy was terminated, (a) by notice to quit served on the landlord by the tenant in accordance with the terms of the contract of tenancy or of the law applicable thereto; or (b) by right of re-entry or forfeiture pursuant to the provisions of section 15 of the Landlord and Tenant Act, Cap. 189 or by virtue of the law relating to re- entry or forfeiture or relief in case of non-payment of rent. (3) A tenant in possession on the publication day of the land which was held under a tenancy that has been terminated, may, in the case where the tenancy revives and continues pursuant to paragraph (1) of this rule, by notice according to 38 Form 2 in the First Schedule served in accordance with section 7 (1) of this Act on the landlord within one month of the publication day, declare his intention to vacate the tenancy and by such notice the tenancy shall be deemed to be terminated by the landlord on the first day of the month after the month in which the notice is served by virtue of the law governing the relationship of landlord and tenant in force on the 1st January, 1961. (4) Where a tenancy is terminated by virtue of the provisions of paragraph (3) of this rule the tenant shall upon the termination thereof become entitled to compensation for improvement as provided by Part V of this Act but shall not be entitled to compensation for disturbance as so provided. Provisions as to terminated tenancies where the land is not in the possession of the tenant on the publication day. 3.-(1) Where a tenancy has been terminated and on the publication day the tenant is not in possession of the land to which the tenancy related, the tenant shall be entitled to compensation for improvement as provided by Part V of this Act and, subject to the provisions of paragraphs (2) and (3) of this rule, be entitled to compensation for disturbance as so provided. (2) Where on the publication day a tenant is not in possession of the land which was held under a tenancy that has been terminated, he shall not be entitled to compensation for disturbance in any case the tenancy was terminated, (a) by a notice to quit served on the landlord by the tenant in accordance with the terms of the contract of tenancy or of the law applicable thereto; or (b) because he has abandoned the land, the subject of the tenancy, or surrendered the land to the landlord. (3) If within one month of the publication day, the landlord of a terminated tenancy of which the tenant was not in possession of the land on the publication day, shall by notice in writing invite the tenant to resume his occupation of the land as the tenant of a tenancy to which this Act applies and, subject to the provisions of this Act, upon the terms and conditions of the contract of tenancy which applied thereto immediately before the termination thereof, and the tenant shall reject such invitation for any reason other than that the land is in the occupation of some person other than the landlord, the tenant shall not be entitled to compensation for disturbance as provided by Part V of this Act. (4) The rent payable in the case of a terminated tenancy, the occupation of which is resumed by the tenant under the provisions of paragraph (3) of this rule, shall, if it was increased on the 1st January 1961, or at any time after that day and prior to the publication day, be, as on and from the day the occupation is so resumed, the rent that was payable immediately before it was increased unless or until it is increased or reduced in accordance with Part IV of this Act. (5) An application to a Land Tribunal for any compensation payable under this article shall be made no earlier than one month after the publication day or later than two months after that day. 4.-(1) If the rent of a terminated tenancy was at any time increased on the 1st January, 1961, or after that day and prior to the day of the termination of the tenancy, being a day prior to the publication day, and the tenant shall have in respect of 1st January, 1961, or of the aforesaid period, paid as rent any amount payable in excess of the amount payable as rent immediately before it was increased, the landlord shall refund such excess to the tenant, and if the landlord shall within one month of the publication day fail so to do, the tenant may by notice in writing apply to the Land Tribunal having jurisdiction in the area in which the land to which the tenancy related is situate for the recovery of such amount as he satisfies the Land Tribunal is due and owing to him. Recovery of excess rents paid. 40 (2) Within fourteen days of the receipt of a notice of application made under paragraph (1) of this rule, the Chairperson of the Land Tribunal to which the application is made shall cause to be served on the landlord and the tenant a notice specifying the date on which, the place where and the time at which the Land Tribunal shall sit to hear and determine the application and every such notice served on the landlord shall be accompanied by a copy of the notice of application of the tenant. (3) Service of a notice under paragraph (2) of this rule shall be effected in the manner provided by subsection (1) of section 7 of this Act for the service of a notice to terminate a tenancy to which this Act applies. (4) The decision of a Land Tribunal on an application made under paragraph (1) of this rule shall not be subject to review by the Minister. (5) A notice of application made under paragraph (1) of this rule shall be according to the following form, LAND REFORM (SECURITY OF TENURE) ACT Notice of Application to Land Tribunal to recover Excess Rents paid TO: Esq., of Chairperson of the Land Tribunal for (state area over which the Tribunal has jurisdiction). I hereby (as agent or attorney-at-law for X.Y. of and on his behalf)* make application to the Land Tribunal over which you preside as Chairperson to recover the sum of $ cents being the amount of the excess rents paid by (me)* (him)* (on the 1st day of January, 1961) (after the 1st day of January, 1961)* and prior to the day of, 1962 to of the landlord of the lot of land of (state area or approximate area of the land) and being (state description of the land) situate at (state place) in the (state name of district) District which (1)* (he)* held as tenant and which was terminated on the day of 1962. DATED the day of 20 . * Delete whichever is inapplicable. 42 5. Any costs awarded by a court to either a landlord or a tenant in any proceedings which result in the termination of a tenancy shall be recoverable at the suit of the party in favour of whom they were awarded. Recovery of cost 6. Save as provided by the provisions of this Schedule, the provisions contained in Part V of this Act and of section 25 of this Act thereof shall apply to a tenancy in like manner as they apply to a tenancy to which this Act applies, and in respect to any application made under the provisions of this Schedule to a Land Tribunal, the provisions of Part III of this Act, relating to Land Tribunals and of any regulations made under section 24 of this Act relating thereto shall, save as so provided, apply to such application in like manner as they apply to an application made under section 14, 15 or 22 of the Act.