Can a landlord evict a tenant without a court order in Guyana?

GEORGETOWN — Landlords in Guyana cannot force tenants out by taking doors off their hinges, cutting off light or water, or damaging rented premises, Attorney General and Minister of Legal Affairs Anil Nandlall, SC, has warned. Such measures are illegal and can carry serious penalties, he said.

Nandlall addressed the issue on a recent edition of his programme Issues in the News. He was responding to reports that some tenants were facing rent increases, damage to their rented homes and the loss of light and water, all meant to pressure them into leaving.

What can a landlord do if a tenant refuses to leave?

The landlord must go through the courts rather than remove the tenant personally. Depending on how urgent and serious the matter is, disputes between landlords and tenants can be taken to a Magistrate’s Court or the High Court.

Even after a possession order is granted, the landlord cannot carry out the eviction. If the tenant remains on the premises, the landlord must apply for a warrant of ejectment, which is executed by a bailiff.

Can a landlord end a fixed-term tenancy early?

Generally, no. Where premises are rented for a fixed term, the landlord cannot end the tenancy before that term expires, unless the agreement or the applicable law provides otherwise.

Can rent be increased without agreement?

Rent agreed between a landlord and tenant generally cannot be changed unilaterally during an existing tenancy, unless the agreement or the applicable law allows it. For premises covered by the Rent Restriction Act, the law also regulates the maximum rent that may be charged.

What are tenants’ obligations?

Tenants must pay rent as agreed, respect the conditions of the tenancy and use the premises for their agreed purpose.

If a tenant fails to meet these obligations, the landlord may seek legal remedies, including recovery of possession where the law permits.

Which laws apply?

The Landlord and Tenant Act (Cap. 61:01) and general principles of contract law govern tenancies in Guyana.

The Rent Restriction Act (Cap. 36:23) applies only to certain premises. Where it applies, landlords or tenants can ask a magistrate to set the standard rent, and the law limits rent increases and the grounds for recovering possession.

What should landlords and tenants do if a dispute arises?

Both should keep a copy of the tenancy agreement, rent receipts and any messages or photos related to the dispute, and seek legal advice before acting.

Unpaid rent, a proposed increase or the end of a tenancy does not give a landlord the right to evict a tenant without a court order.