What Is the Scope of the Rent Control Law?

Not every tenancy is governed by the same regime

Application of the Rent Control Law depends on location, the building’s character and construction or use date, the purpose of letting and statutory exceptions. Calling an agreement a ‘lease’ does not by itself bring it within rent control.

Scope questions

• Residential or business use
• Legal characteristics of the building or unit
• Start date and earlier tenancies
• Whether the property lies in a controlled area
• Furnished lettings, service occupancy, licences and other exceptions
• Special-law or public-property status

Typical controlled-tenancy disputes

Statutory rent, increases, grounds for eviction, use, subletting and the landlord’s need may be brought before the Rent Control Court. Eviction must rest on a recognised statutory ground and proper procedure, not merely expiry of the contract.

Eviction and rent determination

Non-payment, breach, unauthorised subletting, damage or a recognised landlord need must be proved. Property condition, previous rent, statutory rates and comparables may be relevant to rent assessment.

Before contracting

• Title and the landlord’s authority
• Term, currency and review method
• Deposit and return conditions
• Repairs, service charges, taxes and utilities
• Condition at handover and inventory
• Termination and service addresses