What is a statutory tenant?

The law of landlord and tenant is indeed fascinating. In terms of the law relating to lease agreements, in return for the use and enjoyment of property by a tenant/lessee, the tenant has an obligation to pay the landlord/lessor rentals. Resultantly, rent is an essential requirement of any lease agreement. Put differently, a tenant who occupies premises without paying rentals cannot be regarded as a lessee.

The common law does not recognize statutory tenants. A statutory tenant, as the name suggests, is a creation of statute. A statutory tenant is a person established by the rent regulations that is both residential and commercial. see Badza v SMM Holdings (Pvt) Ltd t/a SMM Properties (Under Reconstruction) HMA 20-17.

Therefore, a statutory tenant is by definition, a person who despite the expiry of his/her or their tenancy agreement (either by effluxion of time or in consequence of notice of termination duly given by the landlord/lessor) continues to occupy the premises of the landlord/lessor and continues to pay the rent due within seven (7) days of due date and performs the other conditions and obligations of the lease agreement.