ANGUILLA Law and Practice Contributed by: Nina Rodriguez, Webster LP
6.23 Remedies/Damages for Breach While there are no statutory limitations on dam - ages that a landlord may claim, there is a limita - tion period of six years. Typically, landlords will request a cash security deposit equivalent to one or two months’ rent. 7. Construction 7.1 Common Structures Used to Price Construction Projects The most common structure used to price con - struction projects is the cost of the work (gener - ally measured per square foot). 7.2 Assigning Responsibility for the Design and Construction of a Project Usually a request for tender is made. Once the selection is made, the assignment of responsi - bility is a matter of contract. 7.3 Management of Construction Risk An indemnification clause indicating that indem - nification shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the contractor, and subcontractor, or sub-subcon - tractor, is usually included in the agreement. Warranties are also included in the agreement. A Contractor’s All Risk Insurance Policy and Workmen’s Compensation Policy are also required. The devices are only limited by the terms of the agreement, so long as there is no contravention of the applicable statute, or policy.
• 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 to a maximum of 5% of the value of the leased property. The registration fee is USD37.20. 6.21 Forced Eviction A tenant can be evicted in the event of a default prior to the date originally agreed. A notice to quit giving 30 days from the date of service of the notice is usually issued. If the tenant does not leave the property after that time has passed, then an application can be made to the Magis - trates’ Court. The process could take several months. There are no known eviction morato - riums. 6.22 Termination by a Third Party ment executed between the parties. 6.20 Registration Requirements While it is unprecedented for a lease agreement to be terminated by a third party, it is possible in certain circumstances, such as when the gov - ernment claims the property for public purposes.
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