Law relating to covenants between tenants and landlords in business premises in Tanzania: a study of Mwanza City in Mwanza Region

Abstract

This study examines covenants in leases in business premises between landlords and tenants in Mwanza City. The theme of the study is to find out whether there is inconsistency between relevant legislations relating to the law of landlord and tenant. The legislations include the Land Act No. 4 of 1999 which incorporates the basic law relating to landlord and tenant, the Land Registration Ordinance cap, 334 and the Rent Restriction Act No.17 of 1984. Also the study examines covenants in leases, whether there is inconsistency between leases and legislations. Two research methodology have been used, that is, documentary review and field research. Field research included oral interviews and written questionnaires to selected respondents. The study has found that express covenants in public institutions leases contain many of the implied covenants provided in legislations; while leases by private persons do not include all the said implied covenants. The conclusion arrived after the study shows that there is inconsistency between the Land Registration Ordinance Cap334 and the Land Act No.4 of 1999, although the same is cured by section 101 of the latter. Also there is inconsistency between the law on the one hand and leases of public institutions and private persons on the other hand. It is recommending that in order for the aims and objectives of the law to be complied with; all leases should be reduced in writing, including all implied covenants.