Dear Claudienne,

I am writing this letter to you in the hope that you can shed some light on how landlords in this country can get protection from the Rent Board and the laws of the land when it comes to unscrupulous tenants.

I rented a two-bedroom flat to a young lady (through a rental agency) and in trying to protect myself, a lease agreement was signed; and references collected including a copy of her driver’s license. She took possession of the flat in April 2019.

The flat was repainted by my tenant without my consent because she wanted different colours and by September 2020, she began to pay her rent late, then made payments intermittently. On one occasion her excuse was: “I am having issues with my car so I will be late paying my rent, your understanding is appreciated.” I communicated in writing to her that I could not allow her to continue paying the rent late. She was also paying just a portion of each water bill.

In April 2022 she sent photographs of a 2015 Honda Fit motor car she was selling to liquidate the outstanding rent and utilities. Not seeing any effort on her part to pay the outstanding amount, I sent her a notice to quit and deliver up the flat. I then received a message from her stating that the apartment would be empty by May 31, 2022 and that outstanding bills would be settled and her sister will be moving her belongings as she was not in Jamaica.

The tenant stopped communicating with me and it was not until June 11, 2022 that she responded when my sister messaged her for the keys. She then sent a picture of where the keys were put under the step and the explanation that her brother was running late for work and so had to put the keys under the step.

I went to the Sutton Street Court for assistance but was told that I had to have an address for the tenant in order for the summons to be served. I then asked how could I know if she was overseas or on the island. It was suggested that I should check with the Passport, Immigration & Citizens Agency; tax office or the Traffic Court. On checking with the tax office, I was told that they could not give out such personal information.

As it is now, to recover rent, utilities and to get tenants to vacate premises for any other reason(s) landlords are on their own. The Rent Assessment Board is useless, depending on the situation they will intervene by mediation. In the case of outstanding rent, they will advise the landlord to take the person to court. A summons has to be served, and as soon as the tenant realises that a summon will be served, they disappear. Although the landlord is in possession of a copy of the tenant’s drivers’ license and other documents, government agencies such as the tax office and the Passport, Immigration & Citizenship Agency (PICA) will not disclose information that could help the landlord to establish his/her whereabouts and to take out a summons for the tenant to appear before the court.

Please also note that the National Water Commission (NWC) was aware of the tenancy because each apartment has its own meter and I had taken the lease agreement to the NWC office with a request for them to add the tenant’s name to the bill. I must point out that the NWC allows the tenant to pay only a portion of the bill because for months an outstanding balance appears on the bill and the NWC takes no action. While, my bill with only my name, if there is an outstanding balance, the NWC doesn’t hesitate to disconnect.

The laws need to be changed and to be more balanced. It should not be only when a tenant owes rent that the landlord has a right to give notice. When a tenant disappears the landlord should be able to find the tenant through the help and cooperation of the Government agency. When a tenant disappears owing rent and leaving damage at the premises I am attaching a list of the outstanding rent; utilities and damage done to the apartment by the tenant.

ES

Dear ES,

As the Rent Assessment Board is one of the agencies of the Ministry of Economic Development and Job Creation, the Tell Claudienne column sought clarification on the matter from this ministry. The Tell Claudienne e-mail to the ministry stated as follows:

“When a tenant has absconded with rent and cannot be sued because his/her whereabouts are unknown please clarify what steps the law allows the landlord to take.

Please clarify if any legislative changes are being contemplated to assist landlords to find dishonest tenants.”

The Rent Board has responded as follows:

“Reference is being made to your e-mail dated May 20, 2024, wherein a query was made by a writer (landlord) who explained that her tenant moved out and left outstanding rent and utility bills. The landlord expressed that she has not been able to locate the tenant to sue her for the arrears in rent and utility bills.

Based on the information provided by you, the tenant informed the landlord that she was no longer in Jamaica. The landlord was unsuccessful in getting assistance from the Passport, Immigration & Citizenship Agency (PICA), tax office et cetera to locate the tenant overseas. In order for the Rent Assessment Board (RAB) to act, a summon must be served on the respondent to attend court. The RAB cannot intervene without receiving the whereabouts of the respondent. In the context of the Rent Restriction Act, which is the legislation that governs the operations of the RAB, the board does not have the capacity or authority to act and would not be able to render assistance as this is outside of the remit of the board. One recommendation is for the landlord to seek independent advice from an attorney-at-law.”

The National Water Commission response to your comments on their operations states:

“Further to your question, please note that unlike other utilities, the NWC Act states that debt for water is tied to the property. This means that the person who owns the land owns the debt. This is except for instances where the NWC has an informal arrangement in place with the occupier of the property.

This is the reason we ask lawyers negotiating sales arrangements to ensure that the water bills are paid in full before handing over ownership of a property and the NWC also ensures that all bills are cleared before doing a transfer of ownership.

I must note, however, that the NWC makes a serious effort toward ensuring that tenants pay their bills. Unfortunately, similar to the challenges that the landlords have in collecting rent from their tenant, the NWC has a difficulty to get tenants to pay their water bills. As a consequence, we ask property owners to treat their rental like a business and to ensure that their bills are being paid monthly by their tenants. There are instances, for example, where a landlord only recognises a year later that their tenant has not been paying the water bills.

In addition to our contact centre and commercial offices, landlords now have access to our app and website where they can check their bills monthly to see whether their tenants have been paying their bills.

In the meantime, the NWC continues to do its best to stem delinquency across all our regions.”

We wish you all the best.

Have a problem with a store, utility, a company? Telephone 876-936-9436 or Cell/WhatsApp # 876-484-1349 or write to: Tell Claudienne c/o Sunday Finance, Jamaica Observer, 40-421/2 Beechwood Avenue, Kingston 5; or e-mail:edwardsc@jamaicaobserver.com. Please include a contact phone number.