FAQs – Tenantries

Frequently Asked Questions

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Tenantries

A qualified tenant should have residing on the lot within a tenantry for 5 consecutive years or for 5 out of the immediate 7 years.

A person is also qualified to purchase a lot under the Tenantries Programme where they have been living on an area of land which has been subdivided into 5 or less lots (between 2 and 5 lots), they have been living on the property prior to February 1, 1990 and have completed substantial improvements such as installed a water-borne toilet, constructed a fixed foundation, constructed the entire dwellinghouse or a part in stone or sunk a well.

A qualified tenant is entitled to purchase his/her parcel at a reduced rate.

The purchase price for a qualified tenant of a plantation tenantry is $1.00 per square foot but no less than $300.00 (Part I of the Second Schedule of the Tenantries Freehold Purchase Act)

The qualified tenant of a plantation tenantry is required to pay the entire purchase price for this parcel

The price payable by the tenant for a lot in a tenantry other than a plantation tenantry shall not exceed $2.50 per square foot; but where the open market price of the lot exceeds $2.50 per square foot, there shall be payable to the landlord a Government subsidy of the difference between the open market price and the sum of $2.50.

Where the lot referred to in paragraph 1 exceeds 5 000 square feet, no subsidy is payable in respect of the excess (Part II of the Second Schedule of the Tenantries Freehold Purchase Act).

The first step for any tenant under the Tenantries Freehold Purchase Act is to complete a Form I Notice in triplicate.  One copy of the Notice is forwarded to the landlord of the tenantry, or his/her representative.  The remaining copies should be deposited with the Minster responsible for Lands or the Urban Development Commission (UDC) depending on where the land is located.  This Notice must be received within seven (7) days of the Notice to the Landlord.

The Tenantries Freehold Purchase Act gives the Land Registry the authority to act in place in the landlord in certain circumstances, namely where the landlord has refused to convey the parcel, has not appointed an attorney, cannot be located or his identity cannot be ascertained.

The Form I Notice can be sent via registered mail to the last person to whom rent was paid. The registered mail can also be sent to the address listed on land tax records.

The Tenant is required to complete a Form II Notice and deliver it to the Tenantries section of the Land Registry together with (i) a copy of the Form I Notice which has been signed and stamped on behalf of the Minister responsible for Lands and (ii) the letter stating that the tenant is qualified to purchase under the Act.

On receipt of the Form I and II Notices, the Land Registry must first communicate with the relevant agency to confirm that the tenant is qualified to purchase under the tenantries legislation.  After confirmation is received, the Land Registry requests either the Ministry of Housing and Lands or Urban Development Commission to provide surveying services for the area. The size of the parcels in each tenantry determine the value of each lot and therefore the Purchase price to be paid by the tenant and the subsidy to be paid by the Government of Barbados.  This purchase price is determined by the Barbados Revenue Authority. The tenant is informed of his portion of the purchase price.  On the completion of the payment by the tenant of his/her portion, the subsidy is requested from the relevant government agency.  On payment of the full purchase price, the Registrar prepares the Conveyance and supporting documents for execution by all parties.  Any outstanding land taxes, recording taxes and recording are paid from the sums received by the Land Registry.

The Land Registry collects the purchase price from the tenant.

Yes.  However, in such a circumstance, the tenant will be responsible for paying the full purchase price for the parcel of land.

The Land Registry is responsible for preparing all documentation required for the transfer of the parcel to the qualified tenant.

Yes.  However, an Affidavit must be signed by the qualified tenant before an Attorney-at-Law advising that he/she wishes to add another party as a Purchaser to the parcel.  The qualified tenant must be a party to the Conveyance.

Yes. On the production of evidence by the Landlord that he/she is the person entitled to receive the purchase price, the Land Registry will pay over any monies received. All expenses incurred for the transfer of the tenantry will be deducted before any sums are paid to the landlord.  These expenses may include surveying costs, any outstanding land taxes and any taxes usually incurred by the Vendor on the recording of a Conveyance.

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