Real Estate Investor Magazine South Africa August 2015 | Page 28

FINANCE

Solving Rental

Disputes

Solving common disputes
between landlords and tenants

BY DAVID REBE

D

isputes can often occur between landlords
and tenants due to disagreements about
rent, disrepair, deposits and service charges.
However, with the correct guidance and rules in place,
landlords and tenants need not reach the point where
the negative consequences are suffered by both parties.
There are many options to consider when resolving
property disputes.
Late Payments
Tenants making late payments for rent is a common.
One way to manage late payment is to impose
penalty charges, which will effectively cover the
extra administration requirements. This penalty will,
however, need to be stipulated in the lease agreement.
If no penalty fee is charged, then there is no real
consequence for not paying rent on time, and the
tenant can make a habit of it.
In some cases landlords offer tenants a grace period
for rent to be paid. However, this too must be stipulated
in the lease agreement.
Damage or neglect to property
It is the tenant’s duty to report any damages made to
the property to the landlord in due course. It is the
landlord’s responsibility to conduct regular inspections
of the property to ensure damage to the property has
been reported.
The lease agreement must include details on various
responsibilities of each party. For example, landlords
are obligated to address any repairs that need to be
made to the house, granted that these specific repairs
are outlined in the lease agreement. On the other hand,
tenants have the responsibility to meet the terms and
conditions of the property, including maintenance of
the property and abiding to noise restrictions.
If a property has been violated or damaged, a written
warning will be issued, which will request that the

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AUGUST 2015 SA Real Estate Investor

tenant rectify the damage. If the tenant does not adhere
to the request, the landlord can legally use the tenant’s
deposit to pay for the costs associated with the damage.
However, should the damage be a result of wear
and tear, the tenant will not be held liable for the
replacement or upkeep of these items.
Maintenance
The landlord is responsible for repairing damage to
the property caused by general wear and tear, such
as leaking roofs, plumbing and drain problems and
damaged gutters. The landlord will also need to
ensure that the property is maintained both internally
(windows and doors) and externally (roofs and gates).
In order to avoid any potential disputes, tenants and
landlords must inspect the property together before the
tenant moves in, and make a detailed list of damaged
items or areas in the property. When discussing
damages and repairs, it is also advised that all requests
are communicated in writing so that there is proof of
the request and the conversation.

“It is the tenant’s duty to report
any damages made to the property
to the landlord.”
In the interest of both parties, it is important for
the landlord and tenant to have regular contact to
ensure all issues are dealt with effectively, and that no
misinterpretations intensify and worsen, leading to an
unpleasant situation for both parties.

RESOURCES
Sandak-Lewin Property Trust
www.reimag.co.za