Evaluating the efficacy of rent control in Zambia)with particular reference to dwelling Houses)
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Date
2013-05-06
Authors
Chakoleka, David Moses
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Abstract
Rent control emerged in the period of the First World War as a measure to ameliorate against the then acute shortage of housing. The idea behind rent control was to prevent people from profiting from the shortage of housing. However, even after the war, rent control continued because it was realised that in view of the fundamental nature of housing to human livelihood, there was a need to regulate the relationship of landlord and tenant. The common law concept of freedom of contract was done away with, in favour of rent legislation. This was a result of the inescapable inequality of bargaining between the landlord and tenant, which saw the tenant being in a weaker position. Zambia is one of the countries that embraced rent legislation for purposes of protecting tenants. Rent legislation protects tenants by ensuring that they do not pay rent in excess of the standard rent, and also guaranteeing them security from unlawful evictions. However, rent control in Zambia has not been effective because of both institutional and legislative weaknesses. Most of the people intended to be protected; especially those in Housing (Statutory and Improvement) Areas are actually not protected by rent legislation. This Essay thus sets out to evaluate the efficacy of rent control in Zambia. The essay will explain the history and rationale behind rent control. Further, the Essay will look at the Rent Act, especially the protective provisions thereunder, with a view of evaluating their effectiveness in so far as protecting the tenants is concerned. The Essay will also show why the Rent Act does not apply to Housing (Statutory and Improvement) Areas and asses whether those reasons still hold true today in view of the current situation. In this regard, the essay will not only suggest some of the ways of improving rent control in Zambia but will also go further to justify why the Rent Act should be extended to Housing (Statutory and Improvement) Areas. The last Chapter of the Essay will give the conclusions and recommendation
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Rent Control-Zambia