THE UNIVERSITY OF DODOMA

COLLEGE OF BUSINESS STUDIES AND LAW

DEPARTMENT OF LAW
COURSE NAME: LAND LAW II

COURSE CODE: LW 224

COURSE INSTRUCTOR: MR MOSHI E.

SUBMISSION DATE: 11TH JUNE 2020.

No NAME OF STUDENT REGSTRATION NUMBER SIGNATURE

.
1. BARAKA M. HAMIS T/UDOM/2018/08963

2. TEDDY S. TAIRO T/UDOM/2018/12586

3. JESCA F. NGAHWELA T/UDOM/2018/11055

4. JOSHUA MATIKO T/UDOM/2018/12572

5. LAURA S. MCHUMA T/UDOM/2018/07369

6. CELESTINE F. DEUS T/UDOM/2018/04690

7. LILIAN S. SHIRIMA T/UDOM/2018/07370

8. JONAS M. NDOMEE T/UDOM/2018/04647

9. DASTAN A. NDUNGURU T/UDOM/2018/04688

QUESTION: Discuss the concept of notice in relation to the right of the landlord
and the tenant under the land act CAP 113.
Notice refers to the requirement that a part must be furnished with sufficient
knowledge concerning the legal processes that affect his rights and duties or
obligations. In other words it is a way of notifying individuals or organization about a
matter by using a methods required by the laws. In lease notice can be produced by
landlord to tenants or by tenants to landlord with the aim of ensuring that rights of
both parties to a lease are protected and no one is aggrieved with the decision of
another towards their lease contract.1

The doctrine of notice in leases has been provided under the Land Law Act which can
be discussed with regard to the rights of landlord and tenants as follows;

Notice before the termination the lease by a lessor or landlord and lessee
tenancy, lease termination has been provided under s 104 which provided for the
serve of the notice within thirty days. Moreover the right of notice before termination
of the lease is provided in a law by different sections of the Act in different situations
like termination of the contract in a sub-leased property 2, when natural calamities
affects the leased property3, when the leased property can no longer be used for rent
or became unlawful4, hence this has actual relation with rights of the lessee since
within the notice Landlord should provide the reasons for lease termination and give a
room for tenant to prepare himself or provide a reasonable cause of why a lease
should not be terminated.

Notice during a repair or maintenance of leased property . Tenants has rights of

receiving notice from landlords when it comes to the repair of the house on lease.
Under section 88(2)a of the Land Act. This is essential because the landlord and the
tenant have exclusive ownership. Although the notice would reach the tenants;
tenants have to accept as provided under S. 89 paragraph g and h 5, this is done
purposely to protect interest of both parties for instance if the landlord will wish to
increase the rent or providing any other conditions to tenants after repair of property

1
Legal Notice by ‘Martin Luenendonk’2016.
2
S. 87(1)b of Cap 113.
3
Ibid, S. 88(1)e(iii).
4
Ibid, S. 88(1)f.
5
Ibid.
then the tenant should have an option to continue with such lease by paying an
altered amount of rent and adhering to new condition or get out of such lease by due
process of law the same provided in case of Southward LBC v Mills.6

Notice before termination of lease to sub-lessee, provided that sub-lessee has some
rights to head lease it is legal requirement that should be executed with the same
head lease notice before its termination as per s. 106(1) of the Land Act, so a lesser
should save copy of the notes executed to lessee to sub-lessee, again this is done to
ensure that rights of sub lessee towards leased property and those of Landlord
towards sublease are both protected specifically issues of rent payment or restoration
and any other remedies available.7

Notice of request to repair a leased property. A tenant has a power to produce a

notice to require the landlord to repair the leased property as provided under s.
109(2)b8 which is supposed to be done within thirty days, so this is provided purposely
to protect interest or rights of lessee towards the leased property such as to make
equivalent between rent paid by lessee and service delivered by Landlord.

Therefore with regard to the notice there is a real connection between that notice
and rights of Landlord as well as tenant, since the execution of notice will
acknowledge parties to a lease about reason for notice execution and what next if the
claim won’t solved, for instance the issue of payment of rent and going against lease
condition, but the parties will have a time to make defense if the reasons for notice
execution is not true or is not under his or her responsibility or duties.

6
1999.
7
CAP 113.
8
Ibid.
REFERENCE

STATUTE

The Land Act CAP 113 RE 2018.

CASELAW

Southward LBC v Mills

OTER SOURCES

Legal Notice by ‘Martin Luenendonk’2016.