ANGUILLA Law and Practice Contributed by: Nina Rodriguez, Webster LP
6.3 Regulation of Rents or Lease Terms Rental and lease agreements are not regulated, save that if the lease term exceeds a period of two years the lease is required to be recorded in the Land Registry. 6.4 Typical Terms of a Lease The following terms are typically included in a lease agreement for business premises, whether contractual or regulated: • length of lease term; • maintenance and repair of the real estate actually occupied by the tenant; • frequency of rent payments; • COVID-19 pandemic issues; • the full description of the leased property; • the purpose of the lease; • insurance, determination, breach, nuisance and remedial and notice clause(s); • permissions with respect to subleasing (if allowed); and • the jurisdiction of the lease. 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 are not separately metered. 6.11 Payment of Property Taxes Unless specified otherwise in the lease agree - ment, the landlord is generally responsible for paying property taxes in Anguilla.
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