REVIEW OF THE RENT ACT CHAPTER 206 OF THE LAWS OF ZAMBIA AND THE LANDLORD AND TENANT (BUSINESS AND PREMISES) ACT CHAPTER 193 OF THE LAWS OF ZAMBIA
The right to adequate housing is recognised as a human right, emphasising the importance of ensuring fair and equitable access to housing. Tenant rights, such as protection from unjust eviction and the right to a habitable living environment, are crucial for maintaining social justice and equity.
Translating these human rights principles into practice, however, necessitates a legal framework that is responsive to current realities a challenge that Zambia continues to grapple with under its existing rental and tenancy laws.
In light of this, it is crucial to examine the two primary Acts governing residential and business premises in Zambia. Residential premises are governed by the Rent Act Chapter 206 of the Laws of Zambia, while business premises are regulated by the Landlord and Tenant (Business Premises) Act.
Stakeholders have submitted that the laws that currently govern residential and business premises are outdated and do not adequately reflect modern social, economic, and human rights trends. As a result, they fail to fully address contemporary challenges such as rapid urbanisation, increasing housing demands, and the need for stronger protections for both tenants and landlords.
The Zambia Law Development Commission is therefore, in the process of reviewing the Rent Act Chapter 206 of the Laws of Zambia and the Landlord and Tenant (Business and Premises) Act Chapter 193 of the Laws of Zambia in order to develop a comprehensive legal framework and address others matters of concern. The Commission has since developed a draft Bill and is currently undertaking stakeholder and public consultations to gather public views on the proposed legislation.
Objective of the Review
The main objective for the review of the two pieces of legislation is to facilitate the development of a comprehensive legal framework relating to the regulations of tenancy agreements for both residential and commercial properties reflective of the social-economic needs of all stakeholders.
The Specific Objectives are to:.
- Identify challenges in the implementation and compliance of the two pieces of legislation in the Rental sector
- Review domestic legislation in an effort to recommend the enhancement of its provisions where necessary
- Review relevant legislation on Rent in other jurisdictions and recommend adoption of best practices where necessary
- Draw lessons from international and regional best practices on the laws relating to the renting of residential and business properties.
In this regard, the Commission invites submissions from stakeholders and members of the public on the draft Bill.
Introduction and Background
Legislation relating to the protection of tenants of both residential and commercial premises in Zambia may be traced back to 1968, when the Rent Control (Temporary Provisions) Act was enacted. The Act was only applied to the cities and other urban areas that had experienced the highest rate of development and where pressures for accommodation, both residential and business, were at their greatest.
To address these challenges, the Landlord and Tenant (Business Premises) Act was enacted in 1971 and the Rent Act was also enacted in 1972.
The Rent Act, Chapter 206 of the Laws of Zambia
The Rent Act, Chapter 206 of the Laws of Zambia, enacted in 1972, regulates residential premises. It provides for the restriction of rent increases, the determination of standard rents through court applications, the prohibition of premiums or additional payments beyond standard rent, and restrictions on the right to possession of dwelling houses.
The Act further prohibits landlords from demanding rent advances exceeding two months of standard rent, with violations constituting an offence punishable by fine or imprisonment. It grants courts the authority to hear, investigate, and determine tenancy-related disputes between landlords and tenants. Additionally, the Act sets conditions under which rent may be increased, specifically in cases where the landlord’s payable rates have risen since the prescribed date.
For more details, you may access the full text of the Rent Act, Chapter 206 of the Laws of Zambia, through the following link:
https://www.zldc.org/download/the-rent-act-chapter-206-of-the-laws-of-zambi/
The Landlord and Tenant (Business Premises) Act of 1971
The Landlord and Tenant (Business Premises) Act regulates the relationship between landlords and tenants of business properties in Zambia. Its main objective is to ensure fairness, prevent arbitrary eviction, and guarantee security of tenure for tenants engaged in trade, industry, professions, or employment. The Act applies to business tenancies but specifically excludes agricultural holdings, purely residential premises, government-owned premises, employment-related tenancies, leases longer than twenty-one years, very short leases of less than three months, and tenancies where the occupation period is under six months.
Under the Act, a tenancy does not automatically end once the contractual lease period expires; instead, it continues unless properly terminated in accordance with the provisions of the Act. This ensures continuity for business operators and protects them from sudden eviction. Tenants may apply for a renewal of their tenancy, while landlords wishing to terminate must issue a valid statutory notice giving not less than six months and not more than twelve months’ notice before the termination date. If a landlord opposes renewal on specific grounds, the tenant may be entitled to compensation.
The Act also provides tenants with the option to terminate their tenancy by giving at least three months’ notice prior to the expiry of the lease, thereby ensuring flexibility for both parties. Where the landlord and tenant fail to agree on renewal terms such as rent or duration, the court is empowered to determine reasonable terms to secure fairness and balance. In cases where the parties agree to a future tenancy with specified terms and a commencement date, the current tenancy continues only until that date, after which it ceases to fall under the Act.
For more details, you may access the full text of the Landlord and Tenant (Business Premises) Act Chapter 193 of the Laws of Zambia, through the following link:
Simplified and Summarised Version of the Landlord and Tenant Bill of 2025
The Landlord and Tenant Bill, 2025 (herein referred to as the Bill), developed by the Zambia Law Development Commission, consolidates the law governing the letting of residential and business premises in Zambia. Its purpose is to regulate the relationship between landlords and tenants, and it introduces landlord and tenant tribunals to handle disputes.
The Bill provides for clear obligations and rights on both sides. Tenants are guaranteed the right to peaceful enjoyment of premises without interference, while landlords are entitled to prompt rent payments and the return of premises in good condition. It regulates advertisements of tenancy, requires disclosure of important information by landlords, and sets out standard provisions for tenancy agreements, which may be written or oral.
It also regulates subletting, transfers of tenancy, security deposits (capped at one month’s rent), issuance of receipts, maintenance responsibilities, and joint inspections of premises at the start and end of tenancies. Rent reviews are allowed but not more than once in twelve months and must consider factors such as inflation, improvements, and changes in taxes or rates.
Termination of tenancy is strictly regulated, with grounds clearly listed for both landlords and tenants, including breach of agreement, non-payment of rent, damage, harassment, or sale of the premises. Notices must be in writing and give reasonable time frames. The Bill also provides for continuation of tenancy after expiry on the same terms, and prohibits eviction without a tribunal order.
The landlord and tenant tribunals, established in each province, have wide powers, including determining disputes, fixing rent, ordering eviction, awarding compensation, and declaring unfair terms void. Their decisions can be appealed to the courts.
For more details, you may access the full text of the simplified version of the Landlord and Tenant Bill of 2025 through the following link:
https://www.zldc.org/download/a-simplified-version-of-the-landlord-and-tenant-draft-bill-2025/
To ensure clarity, consistency, and meaningful contributions to the law review process, the Commission has set out the following format and guidelines for making submissions. All stakeholders are encouraged to adhere to these requirements when preparing and sending in their proposals.
FORMAT AND GUIDELINES ON MAKING SUBMISSIONS
Submissions may be made:
- In English or any of the seven major local languages;
- In legible handwriting, typed or WhatsApp audio format;
- If typed in both PDF and Word format;
- Indicate the name, district and contact details of the person submitting (Phone number, email, or postal address where we can contact you to seek clarification if need be); and
- Indicate areas that need review in the law
- Recommend national, regional or international best practices that should be included in the new law and provide an explanation or reasons to support the proposals or recommendations.
NOTE: The Commission will not accept submissions written in derogatory language or submissions purely based on false information.
Further, anonymous submissions are welcome; however, the Commission would greatly appreciate if submitters could provide their contact details, such as a phone number, email address, or postal address, so that we may reach out for clarification if necessary. Please be assured that all personal information provided will be treated with the utmost confidentiality and used solely for the purposes of this review process.
The submissions received are intended solely for this review process.
Please send your submissions, indicating in the subject line “CALL FOR SUBMISSIONS ON THE REVIEW OF THE RENT ACT CHAPTER 206 OF THE LAWS OF ZAMBIA AND THE LANDLORD AND TENANT (BUSINESS AND PREMISES) ACT CHAPTER 193 OF THE LAWS OF ZAMBIA”, to-
Email:Research@zambialawdevelopment.org and copy zambialawdevelopmentcommission@gmail.com;
Facebook Page: Zambia Law Development Commission
WhatsApp line: +260 750 191 160 and +260 955 931 639.
Post/Physical Address:
The Director`
Zambia Law Development Commission
P.O Box 34670, Lusaka, Zambia.
Plot No. 24F
Cheetah Road
Kabulonga
LUSAKA
The deadline for receipt of submissions is 30th October,2025.
For further enquiries contact us at:
Email: Research@zambialawdevelopment.org
Phone: +260 955 931 639 and +260 750 191 160