ANGUILLA Law and Practice Contributed by: Nina Rodriguez, Webster Legal
6.5 Rent Variation The rent payable will not necessarily remain the same as long as the lease lasts. There is usually a clause with respect to incremental/periodical/ annual rental increase based on the duration of the lease (calculated using the CPI or by per - centage/other). 6.6 Determination of New Rent The matter of rent increase is determined between the parties. However, if there is a disa - greement regarding the amount of rent increase beyond any prior agreements, a party may refer to the limitations established in the Rent Restric - tion Act (Revised Statutes of Anguilla, Chap - ter R50). This act does not apply to furnished accommodations, building leases, or renewals or continuances of such leases for terms of 25 years or more. 6.7 Payment of VAT Since 1 July 2022, Goods and Services Tax (GST) is payable on rental or Accommodation services provided for a period of 182 days or less. Long-term rental (183 days or more) is exempt from GST. 6.8 Costs Payable by a Tenant at the Start of a Lease If the lease is for a term exceeding two years, it is required to be recorded. In this event, stamp duties and registration fees will apply. 6.9 Payment of Maintenance and Repair Declaration of Covenants Easements and Restrictions under which the register is creat - ed, as well as the Condominium/Home Owners Association and Unit Management Agreements, usually outline the obligations of owners in rela - tion to the common areas of developments.
6.10 Payment of Utilities and Telecommunications
In a property occupied by multiple tenants, utili - ties and telecommunications costs are typically covered through Unit Management Agreements, and are prorated based on each unit’s square footage and the proportion of shared common areas. This method is used when individual units Usually the tenant is required to obtain insurance as one of the terms of a lease, with a require - ment that a copy of such insurance be provided to the landlord. Recoveries are subject to the terms of the policy. The author is unaware of any instances of recoveries as a result of the COVID-19 pandemic. 6.12 Restrictions on the Use of Real Estate Restrictions can be imposed by the landlord on how a tenant uses the real estate and the use of the property is usually a condition of the lease. There is no zoning statute in Anguilla. 6.13 Tenant’s Ability to Alter and Improve Real Estate are not separately metered. 6.11 Insurance Issues The tenant is permitted to alter or improve the real estate. Typically, the lease agreement includes a clause stating that no structural alter - ations or modifications can be made without the prior consent of the landlord, and that such con - sent should not be unreasonably withheld. 6.14 Specific Regulations Leases are governed by the Registered Land Act.
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