Rental rights for tenants and landlords

2007/04/20

Rental rights for tenants and landlords

A great way for properties owners to make their property pay for itself is to rent it out, but before doing so, they should be aware of both their rights as a landlord and the rights of the tenant.

The best option is to draw up a lease agreement; this is a contract stating all the aspects of the lease. Although the agreement does not have to be in writing and a verbal agreement is also valid, the tenant is entitled to ask that the terms of the lease be put in writing. If the tenant asks for a written contract and the does not do so, he can be charged with a criminal offence.

A written lease must contain the following information

• The names and addresses of the landlord and the tenant
• A description of the property
• The amount of the rent payable and the amount by which it can be increased
• How often the rent must be paid
• The amount of the deposit
• The lease period and the notice period required to cancel the lease
• The duties of the landlord and the tenant

The lease could also include aspect such as payment of water and electricity and/or levies and maintenance of the premises. If the landlord promises to change or repair anything on the property, it must also be included in the written lease. A lease can be entered for a fixed period, to expire on a certain date or for an undetermined period, in which case the lease will continue until either the landlord or tenant cancels it, this must be done by giving the other party reasonable notice of the intention to cancel. The notice period can be stated in the contract, fixed term leases can also be cancelled before the expiry of the lease period. Sometimes a lease will also contain information on renewal of the lease.

Usually a tenant is requested to pay a deposit over and above the rental amount, before moving into the property. The deposit must be invested in an interest bearing account and is used to cover any money owed by the tenant, to repair any damage caused by the tenant or to replace lost keys.

Before moving in, the landlord and tenant should inspect the premises together and a list of any defects, this list must be attached to the lease. Before moving out the landlord and tenant must inspect the premises again to determine whether there are any damages that need to be repaired. The landlord can have these repaired and must produce receipts for these within 14 days after the end of the lease, then he can refund the balance of the deposit. If there are no damages, the landlord must refund the full deposit as well as any interest earned on the deposit within seven days after the end of the lease. If the landlord refuses to inspect the premises, the tenant can assume that there are no damages and can expect the full deposit and interest refunded to him.

Both the landlord and tenant have certain duties. The landlord must make the premises available on the agreed date, he may not interfere with the tenant’s use and enjoyment of the property, unless necessary; the landlord must maintain the property and is also responsible for the general maintenance of the property, unless the lease agreement places that responsibility on the tenant.

The tenant is responsible for payment of the rent in the manner agreed to and the landlord must provide receipts for such. The tenant should also take good care of the property and maintain it in the same condition he received it.

Should there be a dispute with a landlord, try to sort it our by speaking to him, if this does not work, send him a latter by registered mail stating your problem and requesting him to rectify them. The Rental Housing Tribunal is a last resort and can be turned to if nothing else works. The Tribunal has the same authority as a Magistrates court and can make a ruling, which the landlord must abide by.

If the tenant commits a breach of contract or does not comply with his duties, the landlord can apply for an eviction order from the Magistrates court. The landlord must give the tenant two weeks notice of his intention and the tenant is entitled to defend himself in court. The court will determine whether the tenant is in illegal occupation and whether the landlord has reasonable grounds for the eviction. The court will also take into account whether there is alternative accommodation available and the landlord should assist the tenant in finding alternative accommodation.

ENDS