Can my landlord lock me out or raise the rent whenever they want?

Lock-outs and belongings

During the tenancy, the tenant is entitled to possession, even against the landlord. A landlord who changes the locks, removes doors or the roof, keeps the tenant out or takes their belongings commits trespass. The landlord also breaks the promise of "quiet enjoyment" that the law implies into a tenancy.

A landlord cannot simply take a tenant's goods for unpaid rent. Goods can be seized only through a lawful process, such as enforcing a court judgment or distress by a licensed bailiff (Bailiffs Act (Chapter 4:61)).

When it is a crime

There is no specific offence of unlawful eviction, but general offences apply:

• Using force, threats or intimidation to enter premises in another person's lawful possession, in order to expel them and take possession, is an offence unless done under a court order or other lawful authority (Trespass Act (Chapter 11:07), s 5A, added in 2019). It is tried before a magistrate. The maximum penalty is a fine of TT$100,000 and 15 years' imprisonment, which may be imposed separately or together (s 5A; Interpretation Act (Chapter 3:01), s 68(1), (3)).
• Assault is also an offence (Summary Offences Act (Chapter 11:02)).

If you are locked out

1. Photograph the lock, any damage and what is missing. Report any force, threats or damage to the police.
2. Apply to the High Court for an injunction to be let back in. In an urgent case the court can act quickly, even before a full claim has been filed (Civil Proceedings Rules 1998, Part 17). The Petty Civil Court cannot grant injunctions (Petty Civil Courts Act (Chapter 4:21), s 15(2)(a)).
3. Claim damages: in the Petty Civil Court if the claim is no more than $50,000 (s 8(1)), otherwise in the High Court.
4. Keep paying the rent, so the landlord has no arrears to rely on.

Rent increases

For most tenancies, rent rises during a fixed term only under a rent review clause or by agreement. In a weekly or monthly tenancy, the landlord needs the tenant's agreement or must give a valid notice to quit and offer a new tenancy at the higher rent. Paying the higher rent without objection may count as agreement.

House spots are an exception. For a house spot held under a statutory lease under the Land Tenants (Security of Tenure) Act (Chapter 59:54), the rent is the rent payable just before 1 June 1981 unless varied on a review under the Act, and a landlord who takes more commits an offence (ss 5(3), 5A, 13(2)).

Security deposits

No Act regulates security deposits for ordinary tenancies. (For a house-spot statutory lease, the landlord cannot require any premium or other sum in addition to the rent: Land Tenants (Security of Tenure) Act, s 5(3B).) The tenancy agreement governs what the landlord may deduct, typically unpaid rent and damage beyond fair wear and tear, and when the rest must be returned. Unless the agreement allows it, the deposit does not replace the last month's rent. A tenant owed a deposit can sue for it in the Petty Civil Court if the claim is no more than $50,000 (Petty Civil Courts Act, s 8(1)).