National Farmers Union’s General Secretary, Mr. Mahendra Chaudhry has labelled as "sheer extortion", both in the local newspapers as well as on Fiji TV, the action taken by the Board to issue ‘dilapidation, deterioration and damage’ notices on ALTA expired leases.
The Board wishes to clarify that under Section 41 of ALTA, any landlord (not only NLTB) has the right to claim compensation from his tenant if it has been proven that dilapidation, deterioration and damage has occurred or been caused to the agricultural holding as a result of the acts or ommissions of the tenant during the term of the lease.
Legally, the ‘written notice’ that it intends to claim compensation must be issued to the tenant not later than one month before the termination of the tenancy and that the quantam of amount payable shall be the costs as at the date of the tenant quitting the holding.
The landlord will then apply to the Agricultural Tribunal to decide whether such compensation is payable and if so, the amount payable.
The Board wishes to clarify that it has been issuing such notices since the expiry of ALTA leases during the last two (2) years without any complaints, since in the end the Agricultural Tribunal will be the final abiter in the compensation quntam under Section 41 of ALTA.
The Management of NLTB also extends an invitation to Mr. Chaudhry or the National Farmers Union or any affected tenants to call into at any of our 4 Regional Offices for further clarification on the matter.