Opposition MP Roy Tatum has welcomed the government’s public consultation on an overhaul of the Cayman Islands residential tenancies law.
He has questioned, however, the efficacy of a proposed commission model to mediate issues between tenants and landlords.
The draft Residential Tenancies (Amendment) Bill, 2023 seeks to address administrative and dispute-resolution matters that currently lack a modern legal framework.
Public consultation on the bill is now open until 20 September.
Tatum, who brought a failed private member’s motion urging parliament to revisit the matter, said the opposition would need to agree upon a formal party position when it meets in caucus.
Speaking personally, he said he was pleased to see that planning minister Johany ‘Jay’ Ebanks had begun the public consultation process but noted several concerns.
“Consultation on this 2023 amendment bill should have begun months ago,” he told Cayman Independent. “Both tenants and landlords deserve clarity, fairness and a practical way to quickly resolve disputes.”
Tatum also questioned a key change in the 2023 draft, which proposes a multi-party commission rather than a commissioner to mediate tenancy matters, as set out in the approved but unenacted 2009 bill.
“The original law contemplated a practical mediation process led by a commissioner who is a dedicated public servant and who could respond quickly to disputes,” Tatum said.
“A commission, comprising appointed board members may likely be slower, more bureaucratic, or less accessible for ordinary tenants and landlords.
“So I welcome the consultation, but one initial key question is whether the proposed commission model improves access to justice, or whether a dedicated commissioner or mediation office would better serve the purpose of the law.”
Tatum brought Private Member’s Motion No. 8 to parliament in June, calling on the government to review the Residential Tenancies Act, 2009.
The motion, seconded by opposition leader Joseph Hew, asked that any necessary legislation be brought to the house by 31 January 2027.
It was rejected on 24 June by a vote of 10 to six, with two members abstaining and one absent.
Ebanks said at the time that officials were already drafting tenancy legislation and that he wanted it ready for the September sitting of parliament.
“I have no choice but to reject this motion today,” Ebanks said during the debate, adding that he looked forward to “a proper debate when we bring the bill forward”.
