There are two main laws in Bermuda that govern the relationship between a landlord and a residential tenant.
These laws exist to make sure that landlords offering residential housing units for rent operate fairly with their tenants and ensure that the legal rights of landlords and tenants are protected.
Under Bermuda’s legislative framework, Bermuda's residential housing market is separated into two different markets:
(i) properties falling under the remit of the Landlord and Tenant Act 1974;
(ii) and properties falling under the Rent Increases (Domestic Premises) Control Act 1978.
The remainder of this section discusses the eligibility criteria that must be considered when determining which legislative framework is applicable. It is important to accurately determine which laws are applicable as each legislative framework has its own set of legal considerations and obligations for the landlord and the tenant.
The Landlord and Tenant Act 1974 applies to a residential unit with an Annual Rental Value exceeding $22,800. The ARV of any premises may be found at https://www.landvaluation.bm/ or at your local post office.
In addition to operating in compliance with the agreed terms and conditions of a landlord and tenant agreement, landlords and tenants of residential properties falling under the Landlord and Tenant Act 1974 are subjected to their own set of legal obligations which are not applied to properties falling under the Rent Increases (Domestic Premises) Control Act 1978.
Residential units falling under the remit of the Landlord and Tenant Act 1974 are not regulated by the Consumer Affairs Rent Control unit.
The Rent Increases (Domestic Premises) Control Act 1978 applies to a residential unit with an Annual Rental Value of $22,800 or less. The ARV of any premises may be found at https://www.landvaluation.bm/ or at your local post office.
The objective of the Rent Increases (Domestic Premises) Control Act 1978 is to:
Residential units falling under the remit of the Rent Increases (Domestic Premises) Control Act 1978 are regulated by the Consumer Affairs Rent Control unit and are considered “rent controlled” properties. Rent controlled properties are subjected to a higher level of regulatory scrutiny than properties falling under the remit of the Landlord and Tenant Act 1974.
The Consumer Affairs Rental Unit serves as a source of information and guidance for landlords, tenants, and the general public who may have concerns and issues relevant to landlord and tenant matters regarding properties falling under the Rent Increases (Domestic Premises) Control Act 1978.
The Consumer Affairs Rental Unit is also responsible for regulatory enforcement against landlords and tenants acting in breach of the Rent Increases (Domestic Premises) Control Act 1978. At the request of the affected landlord or tenant, the Consumer Affairs Rental Unit may conduct investigations and pursue enforcements proceedings. More specifically, the purpose of the Consumer Affairs Rental Unit is to:
In addition to considering a residential unit’s annual rental value, satisfaction of the following criteria will determine whether a residential unit is exempted from the Rent Increases (Domestic Premises) Control Act 1978 and falls under the Landlord and Tenant Act 1974: