Tenant Eviction Law in Turks and Caicos Islands
Turks and Caicos Islands is a British colony. Like all British colonies or were previous colonies like the United States, the constitution is based on the English Common Law. Although Turks and Caicos does not have a well laid out tenant-landlord policy, the constitution is very specific when it comes to the protection of private properties and specific exceptions as to when an individual's protection from deprivation of property can be revoked if it satisfies one or all of the exceptions as enumerated in article 79 of the Turks and Caicos constitution.
79.(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this section––
(a) to the extent that the law in question makes provision for the taking of possession or acquisition of any property, interest or right––
- (i) in satisfaction of any tax, rate or due;
- (ii) by way of penalty for breach of any law or forfeiture in consequence of a breach of any law;
- (iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
In January of 2009, parts of the Turks and Caicos Islands' constitution was revoked and the rights to trial by jury was suspended following a hearing which was decided by a 3-member panel in London's court of appeal in answer to the corruption scandal that wracked the small nation. This revocation practically put the Turks and Caicos under direct British rule with a British Governor. The revocation was supposed to end in August 2011, but an amendment in December of 2010 changed the decision to end the revocation by Order of Council, in so saying in an indeterminate status largely depending on the Governor's decision.
The effect of this revocation could swing two ways for tenants who might be facing eviction. It could either be good or bad. For one thing, having no written tenant eviction laws, Turks and Caicos do not offer a concrete and well-laid protection to tenants in case of eviction. Categorically speaking, Turks and Caicos is pro-landlord as opposed to pro-tenant as the case in some Caribbean nations. The good thing is that although there is no provisioned tenant eviction law, being under the direct governance of the crown at the moment might extend some British practices that protect tenants from unfair treatments.
The Turks and Caicos' constitution and civil law, i.e. the Registered Land Ordinance is leaning more towards the protection of property owners. As a tenant the best protection one can provide one's self against unfair landlord treatment or unfair tenant eviction is to get a detailed and legally binding contract. Any breach of contract or misrepresentation on the part of the landlord can be brought to the court. Turks and Caicos' Unfair Contract Terms Ordinance is very explicit with regard to reliability of contracts entered into by parties.
To find out more about tenant eviction law in the United Kingdom you may consult this Factoidz article: https://knoji.com/lawjournalinsider-the-facts-on-tenant-eviction-law-in-united-kingdom/
The information provided in this article is presented with the purpose of providing readers some idea regarding the tenant eviction law in Turks and Caicos or the non-existence of such law as previously explained. If you are a tenant in Turks and Caicos and facing eviction, it is best to seek professional advice from a lawyer with thorough knowledge of the legal proceedures in your area. If you are unable to afford a private lawyer, the Turks and Caicos constitution recognizes ones rights to equal representation and will provide legal counsel to those who need it.