Renting in Guyana: the contract, rent protection and withholding tax
In Guyana a tenancy of up to three years must be in writing and signed; longer than three years requires a deed. Dwellings fall under the Rent Restriction Act: no premium on top of the rent, and eviction only by court order on one of the grounds in the Act. If your landlord does not live in Guyana, the tenant or the manager withholds 20 percent tax.
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Renting a house or flat in Guyana works with an ordinary contract, but the law sets requirements for its form. A tenancy of three years or less must be in writing and signed by both parties. A tenancy of more than three years must be by deed. Dwellings are also covered by the Rent Restriction Act, a rent protection law from 1941: no premium on top of the rent, and the landlord can only have you evicted with a court order.
As a foreigner you may simply rent. The Status of Aliens Act gives you the same property rights as a Commonwealth citizen.
| Topic | What the law says | Where |
|---|---|---|
| Tenancy of 3 years or less | in writing, signed by landlord and tenant | Landlord and Tenant Act, s. 6(2) |
| Tenancy of more than 3 years | by deed, signed and sealed | s. 6(1) |
| No term agreed | monthly or weekly, depending on the circumstances | s. 3(3) |
| Premium or key money | prohibited as a condition of the tenancy; fine GYD 65,000 | Rent Restriction Act, s. 20 |
| Notice by the tenant | the period in the contract, otherwise at least one month | s. 21 |
| Registration of the landlord | within 2 months of the start of the tenancy | Registration of Landlords Act, s. 4 |
| Landlord does not live in Guyana | the tenant withholds 20% of the gross rent | GRA, frequently asked questions |
GYD is the Guyanese dollar.
Which homes fall under rent protection?
The Rent Restriction Act applies to all dwelling-houses, furnished or not, to commercial buildings and to building land. Exceptions are a dwelling whose rent includes board and attendance, a dwelling let by the Central Housing and Planning Authority, and building land on a building lease of 25 years or more.
The Act has a standard rent and a maximum rent: the rent that a magistrate sets. The landlord applies for it, and if no application is pending you as tenant may apply as well. That is your route if you think the rent is too high.
May the landlord ask for key money?
No. Section 20 prohibits requiring or receiving a premium as a condition of granting, renewing or continuing a tenancy. The Act defines a premium as "any fine or other like sum and any other pecuniary consideration in addition to rent". Anyone who asks for one risks a fine of GYD 65,000, and the court may order repayment.
Whether a refundable deposit also falls under that ban, the Act does not say in so many words. Put in the contract what the deposit is, when you get it back and in what condition you hand the home back.
When can the landlord evict you?
Only with a court order or judgment, and only on one of the grounds in section 16. These include: rent lawfully due that you did not pay, another obligation of the tenancy on which you have been in default for at least thirty days, nuisance, and the situation where you gave notice yourself and the landlord has since sold or let the home. Own use by the landlord can also be a ground. If the landlord wants the premises for trade or business only, the court may not grant it.
If you gave notice yourself and the landlord has therefore already sold or let the home to someone else, section 16 makes that a ground for evicting you. So only give notice once your next home is secured.
What does the landlord have to arrange?
Every landlord registers within two months of the start of the tenancy with the Chairman of the Central Housing and Planning Authority, with a form and the fee. Feel free to ask for the certificate of registration; it is the evidence that the landlord is registered.
If the landlord does not live in Guyana, take note: according to the GRA the tenant, or whoever manages the landlord's affairs, withholds 20 percent of the gross rent and pays it to the GRA. Agree in advance who does this.
What do you need the lease for afterwards?
For your TIN the GRA asks for proof of address. Ask when signing what you can use as proof of address, and keep a signed copy of the contract. See registration and numbers and banking and payments. Considering buying? Read buying a house in Guyana.
In Vertrekklaar this is phase 5 of 5 of the journey, step 5.6: the same steps, but for your situation — in your order, tickable, and with the deadlines watched. See the whole journey to Guyana or go straight to step 5.6 in the open plan.
What this rests on
The facts in this article come from these official pages. Rules change. When in doubt, go by the source, not this article.
- Landlord and Tenant Act, Cap. 61:01, sections 3 and 6: types of tenancy, writing up to three years, deed above that (Ministry of Legal Affairs) — mola.gov.gy
- Rent Restriction Act, Cap. 36:23, sections 3, 6, 16, 20 and 21: rent protection, maximum rent and the ban on premiums — mola.gov.gy
- Registration of Landlords Act, Cap. 61:02, section 4: the landlord registers within two months — mola.gov.gy
- Guyana Revenue Authority — frequently asked questions, 20% withholding tax on rent paid to a non-resident — gra.gov.gy
- Status of Aliens Act, Cap. 14:04, section 3: an alien may rent and hold property like a Commonwealth citizen — mola.gov.gy
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