ANGUILLA Law and Practice Contributed by: Nina Rodriguez, Webster Legal
6.15 Effect of the Tenant’s Insolvency The landlord reserves the right to forfeit the lease where the tenant, as a company, goes into liq - uidation or, as an individual, becomes bankrupt. Enforcement actions can be taken in the court. 6.16 Forms of Security to Protect Against a Failure of the Tenant to Meet Its Obligations A landlord usually ascertains that a prospective tenant is employed and requests a security pay - ment equivalent to one or two months’ rent. 6.17 Right to Occupy After Termination or Expiry of a Lease The agreement usually includes a termination clause. The landlord has the right of forfeiture whether expressed or implied in the lease, after giving notice to the tenant. Eviction proceedings can be commenced. 6.18 Right to Assign a Leasehold Interest Such permission would first be required to be included in the initial lease agreement. Some agreements indicate that the tenant does not have the right to assign for a period (say ten years from the date of the initial lease); while others may include a clause where the tenant agrees not to assign or part with possession of the premises or any portion thereof without prior written consent and for which an adjustment of the rental rate will have to be agreed. 6.19 Right to Terminate a Lease Landlords have the right to terminate a lease in the following circumstances: • without cause within a stated period; • for non-payment of rental after say 30 days after written demand; and
• for tenant’s failure to remedy breach after notice. Either party may terminate after a specified peri - od, such as 12 months, by giving, for example, no less than six months prior notice in writing, during which time the tenant should pay rent, and the landlord and tenant should perform and observe the covenants in the lease. Tenants have the right to terminate a lease in the following circumstances: • failure of the landlord to grant the tenant peaceful enjoyment of premises without any interruption or disturbance from the landlord or any person claiming through, under or in trust for the landlord; • failure of landlord to maintain access to prem - ises; and • failure to carry out repairs, at all, or in accord - ance with terms of the lease. The Registered Land Act includes other implied terms that apply to lease agreements, whether or not they are expressly included in any agree - Leases for a term of more than two years must be recorded. To effectuate the recording, the responsible party (usually the lessee) must execute and submit an instrument (Form RL 8 – Lease/Sublease) and an agreement, pay the relevant stamp duties and registration fees, and submit the instrument to the government for recording. The stamp duty payable is calculated based on 0.05% of the value of the leased property for each year or part of a year of the lease term, up ment executed between the parties. 6.20 Registration Requirements
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