Sunday, October 28, 2007

Law silent on land middlemen

A seasoned lawyer says any agreement reached between a potential tenant, landlord and a middleman who has facilitated the tenancy should be respected as it is legally binding.

Octavian Mushukuma of M & N Associates quickly adds, however, that the law itself is silent on the position of a middleman in any transactions involving tenancy in residential and commercial properties.

The Rent Restriction Act 17, 1984 was repealed by Parliamentary Act 11, 2005. It was repealed because it was never implemented, said Mushukuma, adding that the law had then required that any property development should be valuated to determine standard rent.

He said:� This could not work because most residents in Dar es Salaam occupied plots that are not surveyed under the prevailing poor economy. Only the National Housing Corporation had adhered to the law to some extent.

The Auctioneers Act 20, 1928 allows courts to appoint a middleman to sell one� property in case that person has failed to pay a client under a contract.

The person who fails to pay a client if given a fortnight to appeal before the execution of the court order.

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