Fiji: Follow The Right Procedure When Evicting Tenants

Despite repeated warnings and previous public advisories, complaints related to unlawful and  arbitrary evictions continue to pour in — prompting the Consumer Council of Fiji to renew its  call for greater awareness and accountability in the rental housing sector. This is not the first  time the Council is raising red flags about such practices, but the disturbing volume and nature  of recent cases has made it necessary to spotlight the issue once again.  

From 2022 to date, the Council has received a total of 1,626 complaints related to landlord  and tenancy matters, with a staggering monetary value of $823,610. Out of this, 500  complaints specifically concern eviction-related issues, valued at approximately $253,500. While each case differs in circumstance, the common thread is clear: landlords taking matters  into their own hands, often at the expense of tenants' rights and wellbeing.  

“These are not just numbers — they are lived experiences of families and individuals being  uprooted, often without cause or legal process,” said Council CEO Seema Shandil. “When a  pregnant woman is evicted simply because of her condition, or a tenant is denied a bond refund  on unfair grounds, it shows how vulnerable renters truly are in this system.”  

In a recent case, a woman was told to vacate her flat with just a week's notice, even while  repairs were being done on the premises she was still occupying. Another complainant reported  being removed because she was pregnant, and later had $70 deducted from her $200 bond  under questionable circumstances. A third complainant claimed a house leader, acting as  landlord, was collecting inflated rents from multiple tenants and attempting to evict others  without cause — all while exceeding the agreed rental threshold.  

“These cases reflect a broken framework,” Shandil stated. “Without a Landlord-Tenancy Act  or a tribunal to oversee such disputes, tenants are often left with no choice but to accept  decisions that are neither fair nor legal.”  

Fiji currently operates without comprehensive legislation specifically regulating rental  housing. The existing framework consists solely of the Self-Regulating Guideline for Landlord  and Tenant in Fiji, which serves as a non-binding reference for rental agreements. While formal  eviction procedures do exist under common law - requiring written notices and potential court  involvement - many landlords frequently bypass these legal channels. Instead, they often resort to informal eviction methods, some of which may violate tenants' legal rights. The  consequences for tenants are severe: emotional trauma, disrupted schooling, job insecurity, and  financial hardship from last-minute relocations.  

The Council is urging tenants to document all communications, insist on formal agreements,  and report any illegal actions. At the same time, landlords are reminded of their responsibilities  under the law and the importance of following due process when dealing with rent issues or  tenancy terminations. “Evictions must be lawful, justified, and respectful of human dignity,”  said Shandil. “Until Fiji enacts legislation to govern this space, the onus remains on both parties  to act in good faith — and on us as a society to demand better protections for those who rent.”  

Consumers experiencing unfair treatment or facing eviction threats are encouraged to contact  the Council via its toll-free number 155 or email complaints@consumersfiji.org. 

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